Assessing Economic Damages in Personal Injury and Wrongful Death Litigation: The State of Texas

Abstract

This paper reviews the basic law and practice of determining economic damages in courts in the State of Texas, and has been written primarily for the use of forensic economists. After briefly describing the Texas State Court System, the paper discusses the Framework for Expert Testimony in Texas, including the Texas Rules of Evidence, important case law concerning scientific and technical evidence, and Texas Pattern Jury Charges. Texas is a “Daubert state,” with rules of evidence that follow the Federal rules, and case law that reflects the relatively strict approach adopted by the Texas appellate system. The paper then discusses common practices, such as the production of expert reports and the payment of expert fees. The next two sections discuss Economic Damages in Personal Injury and Wrongful Death cases, pointing out that Texas is an “earning capacity state” in personal injury cases, and a “loss of support to survivors’ state” in wrongful death cases. It is noted that recent tort reform requires that after-tax economic losses be presented to the trier of fact. Special rules for economic losses in medical malpractice cases are briefly covered. A list of important cases completes the final section.