Texans for Lawsuit Reform

Through political action, legal, academic and market research, and grassroots initiatives, TLR fights for common-sense reforms that keep Texas open for business.

  • About TLR
    • Our Mission
    • Our Team
    • Timeline of Reforms
  • Videos
  • Issues
  • Resource Center
    • Special Reports
    • In the News
    • Press Releases
    • The Advocate
    • TLR Blog: For the Record
  • Get Involved
  • Contact
    • Contact Us
    • Invite a TLR Speaker
  • Donate
  • Stay Informed
For the Record

Going Nuclear

You’ve heard of nuclear explosions and the nuclear option. Nuclear verdicts? Maybe not. But as the name implies, we should all be wary of them.

The widely accepted definition of a nuclear verdict is one that exceeds $10 million. But if that’s the threshold for nuclear, then Texas is quickly gaining a reputation as the home of the ultra-nuclear verdict in trucking litigation. We’ll have more on that in a future blog post.

To better understand this, we need a refresher on the elements of damages in a tort action in Texas. For injury to a person or property (a tort action), a plaintiff may recover actual damages and punitive damages. The amount of money that is actually required to make the plaintiff whole constitutes actual damages. This includes economic damages, like the cost of past and future medical bills related to the injury, loss of future wages, and other quantifiable economic losses. It also includes non-economic damages, which are awarded for pain and suffering and similar items not subject to exact quantification. Punitive damages, which are awarded only in extreme circumstances, are meant to serve as a punishment or deterrent for the defendant, whose grossly negligent or intentional behavior lead to an otherwise preventable injury. 

Everyone wants plaintiffs to be made whole for their injuries, and there is no limit to the actual damages a plaintiff can receive to cover their actual costs and needs. Despite what many may believe, there are no limits on the recovery of actual damages in Texas, except that voters capped non-economic damages (pain and suffering, mental anguish, loss of consortium, etc.) in medical liability cases in 2003 to ensure all Texans have access to high-quality medical care. 

That means personal injury cases—like trucking accidents—are not subject to any limit on actual damages. That’s where nuclear verdicts come in. 

As we’ve highlighted before, personal injury trial lawyers have become increasingly creative in finding ways to inflate economic damages in lawsuits, including referring clients to doctors who over-treat the plaintiff and prescribe unnecessary procedures, including unnecessary surgeries. Juries often assume a person who has endured multiple doctor visits and incurred substantial medical bills must have experienced a significant amount of pain and suffering, which drives up non-economic damages. Punitive damages are set using a formula based on the amount of actual damages. And so, inflated medical bills can be the starting point for a nuclear verdict.

In lawsuits against trucking companies, the nuclear verdicts become massive judgements that are paid by the companies’ insurers. The cost of the judgement is passed along to the trucking company in the form of higher insurance premiums. And the trucking company passes that cost along to its end consumer—you and me—when we buy the food, clothing, electronics, fuel or other products the company hauls. Remember the Tort Tax?

What should concern all of us is that now it’s not just the company that was involved in the accident whose insurance rates go up. All trucking companies are facing rate increases—in some cases, of 25 percent or more—because of the increased frequency and size of nuclear verdicts. In Louisiana, it’s gotten so bad that most insurers won’t even write policies for commercial trucks anymore. Unfortunately, Texas is not far behind. We hope this is something the Legislature will work to address in 2021.

Follow us on Facebook

Comments Box SVG iconsUsed for the like, share, comment, and reaction icons

Texans for Lawsuit Reform

23 hours ago

Texans for Lawsuit Reform

In case you missed it - 15 Harris County judges resolved fewer felony cases during the pandemic, and all 23 courts have more pending cases now than when the COVID epidemic began. As of March, there were over 48,000 pending active cases in Criminal District Court. Read and share: bit.ly/3yeuPc7 ... See MoreSee Less

Link thumbnail

'Do your job,' victim tells judge in Harris County's slowest court

bit.ly

Fifteen judges resolved fewer felony cases during the pandemic and all 23 courts have more pending cases now than when the pandemic began. Harris County Judge Ramona Franklin, of the 338th Criminal Di...
View on Facebook
·Share

Share on FacebookShare on TwitterShare on Linked InShare by Email

  • Likes: 0
  • Shares: 0
  • Comments: 0

Comment on Facebook

Texans for Lawsuit Reform

2 days ago

Texans for Lawsuit Reform

The Dallas County DA argued a judge’s impartiality could reasonably be questioned after she lowered a defendant’s bail considerably while his defense lawyer is one of her top campaign contributors, and then raised his bail after media reports about her rulings. Read and share: bit.ly/3lfQMzM ... See MoreSee Less

Link thumbnail

Dallas judge under scrutiny for bail rulings recuses herself from cases

bit.ly

Judge Chika Anyiam, of Criminal District Court 7, recused herself Monday from 10 felony cases against Julio Guerrero. A Dallas County judge who faced public scrutiny for lowering a murder suspect’s ...
View on Facebook
·Share

Share on FacebookShare on TwitterShare on Linked InShare by Email

  • Likes: 2
  • Shares: 0
  • Comments: 0

Comment on Facebook

Texans for Lawsuit Reform

3 days ago

Texans for Lawsuit Reform

TLR General Counsel Lee Parsley joined the U.S. Chamber Institute for Legal Reform podcast to discuss nuclear verdicts in the trucking industry and what legislators can do to ensure that excessive lawsuits don't shut down this vital industry. Listen and share: bit.ly/3wjgKJ9 ... See MoreSee Less

Link thumbnail

Nuclear Verdicts Create Litigation "Vortex" for Trucking Industry

bit.ly

In this episode of Cause for Action, Nathan Morris, senior vice president, legal reform advocacy at the U.S. Chamber of Commerce Institute for Legal Reform, is joined by Lee Parsley, the general couns...
View on Facebook
·Share

Share on FacebookShare on TwitterShare on Linked InShare by Email

  • Likes: 0
  • Shares: 1
  • Comments: 0

Comment on Facebook


Follow us on Twitter

lawsuitreform avatarTLR@lawsuitreform·
17h 1527408930703523840

Since TLR’s founding, our supporters have made their voices heard at the Capitol by phone, e-mail, & personal visits on every issue that affects a healthy civil justice system. Make your voice heard & get involved with TLR today!

Get Involved

Texans for Lawsuit Reform has thousands of supporters from across Texas who are committed to a fair and balanced civil justice system.

bit.ly

Reply on Twitter 1527408930703523840Retweet on Twitter 1527408930703523840Like on Twitter 15274089307035238401Twitter 1527408930703523840
lawsuitreform avatarTLR@lawsuitreform·
23h 1527318698804908040

#ICYMI: 15 Harris County judges resolved fewer felony cases during the pandemic & all 23 courts have more pending cases now than when the COVID epidemic began. As of March, there were over 48,000 pending active cases in Criminal District Court. Read & RT:

'Do your job,' victim tells judge in Harris County's slowest court

Fifteen judges resolved fewer felony cases during the pandemic and all 23 courts have more pending cases now than when the pandemic began. Harris Coun...

bit.ly

Reply on Twitter 1527318698804908040Retweet on Twitter 15273186988049080402Like on Twitter 15273186988049080401Twitter 1527318698804908040
lawsuitreform avatarTLR@lawsuitreform·
18 May 1527046564635721728

Want to make a difference in the fight against lawsuit abuse? Join the TLR team today! #stoplawsuitabuse

Get Involved

Texans for Lawsuit Reform has thousands of supporters from across Texas who are committed to a fair and balanced civil justice system.

bit.ly

Reply on Twitter 1527046564635721728Retweet on Twitter 1527046564635721728Like on Twitter 1527046564635721728Twitter 1527046564635721728

Texans for Lawsuit Reform
1701 Brun Street
Houston, Texas 77019

Ph. 713-963-9363
  • About TLR
  • Our Mission
  • Our Team
  • Timeline of Reforms
  • Videos
  • Issues
  • Resource Center
  • For the Record
  • Special Reports
  • In the News
  • Press Releases
  • Invite a TLR Speaker
  • Get Involved
  • Invite a TLR Speaker
  • Donate
  • Stay Informed
  • Contact TLR

Copyright © 2022 · Texans for Lawsuit Reform. All rights reserved. | Privacy Policy

Copyright © 2022 · Texans for Lawsuit Reform.
All rights reserved.
Privacy Policy