Post Tort Reform Case Filings are as High as Pre-Tort Reform Levels
Over the last several months, most lawyers, clients and insurance adjusters I have talked to have indicated that in their opinion there are fewer cases being filed today in the Texas courts. This is what would be expected since (1) we have had sweeping tort reform legislation in this State; (2) our Supreme Court is the most conservative it has been at any time in the last 20 years; and (3) juries in Harris County, Texas have become so defense oriented that it is often difficult to empanel a jury that will award medical expenses to the Plaintiff, much less in tangible damages.
However, in spite of this, case filings have remained fairly constant. Below is a table of personal injury case filings for Harris County, Texas since 2001. This information was obtained from theTexas Office on Court Administration. While there are some variations, new case filings since tort reform in both the motor vehicle category and non-motor vehicle category are as high, if not higher than they were in 2001 prior to the tort reform legislation of 2003.
| New Filings | Motor Vehicle Injuries and Damages | Average per month | Non MVA injuries and Damages | Average per month |
|
2006 |
2158 | 239.78 | 3163 | 351.44 |
| 2005 | 3128 | 260.67 | 6044 | 503.67 |
| 2004 | 2994 | 249.50 | 3743 | 311.92 |
| 2003 | 3434 | 286.17 | 3857 | 321.42 |
| 2002 | 3298 | 274.83 | 3448 | 287.33 |
| 2001 | 2874 | 239.40 | 3535 | 294.58 |
The slight increase in case filings in 2003 can be explained by the rush to file cases before the tort reform legislation became effective in September of 2003. This can also be used to explain the slight decrease in 2004 from 2003. However, 2004 filings in both categories higher than the 2001 filings. In addition, filings for 2006 through September for non motor vehicle cases is on a pace to be significantly higher than the filings in 2001. For motor vehicle related cases, the 2006 numbers appear to be about on pace to match the 2001 numbers and to be slightly down from 2005.
What is not reflected in these numbers is the change in the number of medical malpractice filings since the tort reform legislation. An article in this month's ABA Journal titled "Tort Reform Texas Style" indicates medical malpractice filings in Harris County, Texas are down 41% since tort reform. If this is true, it means that filings for non-medical malpractice cases have increased to such an extent tht the overall filings is the same or slightly more.
