Proving noneconomic damages post-'Gregory v. Chohan'

Abstract

Wrongful death cases are difficult. Families have suffered the loss of a parent, a spouse, a sibling, and/or a child, as well as a wage earner. Leave anchoring to sailors. In Texas, following the Texas Supreme Court’s holding in Gregory v. Chohan, plaintiffs’ attorneys may substantiate noneconomic damages by providing more evidence rather than simply relying on crafty arguments that attempt to guilt and inspire jurors to dig deeply into defendants’ coffers. The court’s plurality opinion, joined by Chief Justice Nathan Hecht and Justice Brett Busby, rejected the use of economic damages as a benchmark for noneconomic damages. The opinion views using a ratio of economic and noneconomic damages skeptically. Evidence must be provided to provide a basis for the noneconomic damages sought.(From Conclusion)