In civil cases in Texas, supposedly frivolous lawsuits are a common point of debate. Discuss the perspectives for and against allowing plaintiffs the right to proceed in civil court and what rules regulate such cases.

Question

What will be an ideal response?

Answer 1

The fear exists that lawsuits that have no merit, known as frivolous lawsuits, increase the cost of doing business in Texas, and such cases end up costing Texas residents money when successful. Having no cap on the amount that a plaintiff can receive in a settlement can encourage the filing of such suits, as the larger the potential payoff, the greater the incentive to sue. There is a current cap on noneconomic (e.g., injury, lost wages) damages of $250,000, and the loser pay law demands that plaintiffs in certain cases will be required to pay the defendant’s legal fees should the plaintiff lose the case. Critics of such limitations on suits claim that it has made it more difficult for honest plaintiffs to receive remedy for actual wrongs perpetrated by others. By increasing the actual and opportunity costs to sue, the state may also be increasing the cost of justice.