When someone loses their life because of another party’s negligence, Texas law provides two main paths to seek compensation: wrongful death claims and survival actions. The Texas Supreme Court recently issued several key rulings that change how courts interpret and apply the rules governing damages in these cases.
If you lost a loved one because of the negligence of another person and are navigating a wrongful death or survival claim, it is crucial that you understand these recent decisions. These rulings address when certain damages can be awarded, the required proof, and how courts assess fairness and legality in high-stakes cases.
1. Survival Claims: Proof of Conscious Pain and Suffering Is Required
United Rentals v. Evans, involved a fatality caused when equipment struck a highway overpass and crushed an oncoming vehicle. The driver’s family filed wrongful death and survival claims against United Rentals. Following trial, the awarded the plaintiff $5 million for the pain and suffering the deceased endured before he died. However, the Texas Supreme Court overturned this part of the decision. According to the court, there was no evidence that the deceased experienced any conscious pain or suffering before he died. Because survival claims allow for the recovery of damages that the decedent experienced, proof of consciousness and awareness is essential when a family seeks pain and suffering damages in a survival claim.
2. Discoverability of Mental Health Records in Wrongful Death and Bystander Claims
In mandamus proceeding In re Richardson Motorsports, Ltd., Texas’ Supreme Court addressed whether psychological treatment records can be accessed in a wrongful death and bystander claim. E.B., a minor, sought compensation for mental anguish after witnessing her brother get crushed by an ATC. According to the defendants, since E.B. had put her mental state at issue by seeking emotional damages, they had the right to access her psychological treatment records. The Texas Supreme Court agreed. The Court reasoned, since plaintiff relied on expert testimony and alleged her trauma caused lasting emotional harm, her mental health records were relevant and discoverable.
3. Substantial Non-Economic Damages Must Be Justified by Evidence
In Gregory v. Chohan, the court addressed the issue of excessive non-economic damages, specifically jury awards for loss of companionship and mental anguish. Gregory involved claims by the family of a man who died in a multi-vehicle accident. The family received $15 million+ for past and future mental anguish and loss of companionship. The defendants challenged the award as excessive and unsupported by evidence. The Texas Supreme Court reversed and ordered a new trial. The Court emphasized juror discretion is limited. Further, the Court stated an award for non-economic damages must be based on evidence, not emotion. The Court criticized improper arguments presented during the trial, such as comparing the value of the victim’s life to the price of fine art and fighter jets.
The above cases show wrongful death and survival claims in Texas require strong, evidence-based arguments. When dealing with a wrongful death or survival claim, you must be ready to meet high legal standards. It is highly advisable to work with an experienced attorney.
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Contact The Stone Law Office for questions or help with a wrongful death or survival claim.