Why does Texas have such a messed up Civil system?

[Redemptionman]

One defendant, which was a government agency with sufficient insurance to cover the entire award. And no, this was not an instance of a bad faith claim against the government agency or its insurer. The award was instead reflective of the serious permanent damages the plaintiff suffered.

You started this thread by asserting that Texas has the worst legal system in large part because of the $250,000 cap on non economic damages. But Texas is hardly alone in having that kind of cap. So your assertion on that score doesn't hold up. A number of states have caps like that. And guess what? It hasn't broken the personal injury award system. Only a minority of personal injury cases got pain and suffering awards over $250,000 to begin with. So the cap doesn't affect most PI lawsuits. What it does do is prevent those overly high awards that juries sometimes award because of emotion overriding logic or for a desire to "punish" the defendant.

that was not the only assertion I made, there are 3-4 of them independent of the PI caps. I assume since a government agency was involved that this was Federal then.

 

[justblue]

nothing is more personal than personal injury, LOL

I have been burned by BAD insurance companies which is why the one you pick is so important. However, that does not pertain to here since this is really about Texas and its limits on damages which is a model that other states will adapt eventually.

I hear ya. I was hit and permanently injured. Got jack for it. In pain everyday.

 

[Tax Counsel]

I assume since a government agency was involved that this was Federal then.

Nope, the defendant was a city. The federal government does not get insurance to cover tort claims as it doesn't need it. It pays the judgements against it from the Treasury. Moreover, claims against the federal government for personal injury are covered by the federal Tort Claims Act, for which very specific rules apply. Cities, however, don't have the kind of funds in their coffers to pay up claims like this, hence they need insurance.

 

[Redemptionman]

Nope, the defendant was a city. The federal government does not get insurance to cover tort claims as it doesn't need it. It pays the judgements against it from the Treasury. Moreover, claims against the federal government for personal injury are covered by the federal Tort Claims Act, for which very specific rules apply. Cities, however, don't have the kind of funds in their coffers to pay up claims like this, hence they need insurance.

not what I meant, US district court or county circuit court?

 

[Tax Counsel]

not what I meant, US district court or county circuit court?

Federal district court as there were federal civil rights violations also asserted in the claim. But state law still governs the personal injury claims made in the case.

 

[Redemptionman]

Federal district court as there were federal civil rights violations also asserted in the claim. But state law still governs the personal injury claims made in the case.

right which is what I thought, a county court would not have gone pass the cap

 

[Tax Counsel]

right which is what I thought, a county court would not have gone pass the cap

On the state law claims, the federal court would not be able to exceed the cap any more than a Colorado district court (which would be the proper state court here) since the federal court must apply state law when deciding state law claims. Indeed, there is a process for a federal court to seek the answer to important state law issues that have not yet been addressed in that state's appellate court from state supreme courts to aid the federal court in making its decisions on those state law matters.

On the other hand, the state cap does not in any way limit the damages on the federal claims in the case. Federal law determines that.