TX Bar Torts and Personal Injury 5

Question 1

Under the Texas Wrongful Death Act, what is the statute of limitations for bringing a wrongful death claim?

Accepted Answer

Two years from the date of the decedent's death

Answer

One year from the date of the tortious act causing death

Answer

Three years from the date the plaintiff discovers the link between the death and the defendant's conduct

Answer

Four years, which is the general civil limitations period in Texas

Question 2

Which category of damages is recoverable in a Texas survival action but NOT in a wrongful death action?

Accepted Answer

The decedent's pre-death medical expenses, pain and suffering, and lost earnings between injury and death

Answer

Surviving family members' grief and loss of companionship

Answer

Future earnings the decedent would have earned after the date of death

Answer

Loss of consortium suffered by the surviving spouse after the date of death

Question 3

In Texas, to recover exemplary (punitive) damages, a plaintiff must prove which of the following by clear and convincing evidence?

Accepted Answer

The defendant acted with fraud, malice, or gross negligence

Answer

The defendant was merely negligent in causing the plaintiff's injury

Answer

The defendant's negligence caused quantifiable economic harm exceeding $200,000

Answer

The plaintiff is entitled to actual damages exceeding the statutory cap

Question 4

In a Texas products liability case, comparative responsibility principles:

Accepted Answer

Reduce the plaintiff's recovery proportionally based on their assigned percentage of responsibility

Answer

Do not apply — a plaintiff recovers full damages regardless of their own negligence in strict liability cases

Answer

Bar recovery entirely whenever the plaintiff's own use of the product was negligent

Answer

Apply only to negligence-based products claims, not to strict liability claims

Question 5

Maria witnesses her husband being struck by a negligently driven car. She was not physically endangered but suffers severe emotional distress. Under Texas law, can Maria recover for negligent infliction of emotional distress (NIED)?

Accepted Answer

Yes, if she was present at or near the scene, contemporaneously perceived the injury, and is a close family member of the victim

Answer

No, because Texas does not recognize NIED claims by bystanders under any circumstances

Answer

Yes, but only if she was within the zone of physical danger and feared for her own safety

Answer

Yes, automatically as the injured party's spouse, without additional requirements

Question 6

Under Texas healthcare liability law, what must a plaintiff do within 120 days of filing a medical malpractice suit?

Accepted Answer

Serve a qualifying expert report authored by an expert in the relevant field of healthcare

Answer

File a certificate of merit signed by the plaintiff's treating physician

Answer

Obtain approval from the Texas Medical Board before proceeding with discovery

Answer

Post a bond equal to a percentage of the claimed non-economic damages

Question 7

Under Texas law (as modified by Haygood v. De Escabedo), the amount a plaintiff can recover for past medical expenses in a personal injury case is limited to:

Accepted Answer

The amounts actually paid or incurred by or on behalf of the plaintiff, not inflated billed amounts

Answer

The full amount billed by healthcare providers regardless of discounts or write-offs

Answer

The amounts covered by the plaintiff's health insurance plus any copayments

Answer

Whatever amount the jury determines is reasonable based on the plaintiff's testimony