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Bill to limit lawsuit damages will cost Texans when they need help the most | Opinion

The Tarrant County Courthouse is photographed as light snow begins to fall in downtown Fort Worth on Thursday, Jan. 9, 2025.
The Tarrant County Courthouse is photographed as light snow begins to fall in downtown Fort Worth on Thursday, Jan. 9, 2025. ctorres@star-telegram.com

Imagine losing a loved one or suffering a life-altering injury — only to be told that the justice system can’t fully compensate you because lawmakers decided your pain has a limit.

That’s exactly what a bill that has passed the Texas Senate would do. The legislation claims to fix a supposed epidemic of “nuclear verdicts,” or outrageously high jury awards in personal injury cases.

But here’s the truth: Senate Bill 30 is a solution in search of a problem. And if the House approves it as well, it’s everyday Texans, not corporate wrongdoers, who will pay the price.

What the bill’s supporters ignore is that Texas already has a system in place to address excessive verdicts. Our courts don’t just rubber-stamp jury awards. Judges and appellate courts have long had and regularly use the power to reduce verdicts they believe are too high or unsupported by the evidence.

The Texas Supreme Court, in particular, has taken a leading role in ensuring fairness. In a case called Gregory v. Chohan, the court rejected the practice of pulling large numbers out of thin air to suggest the value of human life — like comparing a loved one to a fighter jet or a Picasso painting. The justices ruled that damages must be supported by evidence, not emotion. And as Justice John Devine wrote in his concurring opinion, “the jury system holds its own cure” for excessive awards. That’s how the system is supposed to work — and it does.

So, why do we need a new law to “fix” a system that’s already fixing itself?

The push for the bill isn’t coming from ordinary Texans. It’s coming from powerful political action groups such as Texans for Lawsuit Reform, backed by corporate and insurance interests. Their goal is simple: make it cheaper to defend lawsuits and harder for injured people to recover what they’re owed. The bill isn’t about preventing abuse. It’s about protecting profits.

It would do that by tying the hands of juries and making it harder for injured Texans to get justice. SB30 would limit what kind of medical expenses can be shown to a jury. It would limit damages to address pain and suffering, disfigurement or the mental anguish of losing a loved one. In other words, it would restrict compensation for the very harms that are often most devastating — and most personal.

Supporters of SB30 argue that the bill will reduce costs for businesses, consumers and the legal system. But we’ve heard that before. In 2003, Texas passed sweeping tort reform aimed at reducing medical malpractice lawsuits. The result? Malpractice claims went down, but healthcare costs kept rising. Insurance companies raked in profits, but those savings didn’t get passed on to Texas families.

SB30 follows the same playbook: limit lawsuits, protect corporations and tell Texans it’s for their own good. But history shows the only real beneficiaries will be insurers and large companies, not the people who rely on the courts when tragedy strikes.

Those are your neighbors. Your friends. Your family. The mother whose child was hurt by a defective toy. The widow of a man killed by a reckless driver. The worker injured as a result of unsafe conditions. The victim of a sexual assault trying to rebuild her life. These are the Texans who stand to lose the most if this bill becomes law.

SB30 strips power from juries, the one group in the justice system made up entirely of ordinary citizens. It sends a message that jurors can’t be trusted to make fair decisions. But in Texas, we rely on juries. We trust our neighbors to listen to the facts, weigh the evidence and do the right thing.

That’s what makes our civil justice system strong. And that’s why SB30 should be rejected.

Benson Varghese is the founder and managing partner of Varghese Summersett, a Fort Worth law firm that represents clients in significant wrongful death and injury cases. His book “Tapped In,” which discusses law-firm growth, will be released soon.
Benson Varghese
Benson Varghese
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