Other Areas of Practice

The Todd Smith Law Firm also has experience handling cases in these areas of law:

Insurance Bad Faith

Insurers have a duty to examine and evaluate claims in good faith and use fair dealing.  Sometimes, however, insurance companies will deny claims for non-legitimate reasons or will unreasonably delay payments.  Most of the time, one's own insurer is the one denying or delaying claims in bad faith, but it can also occur when you are trying to obtain payment from the insurer of someone who caused your injury in an accident.  If an insurance company is denying claims or delaying payment in bad faith, you may be entitled to recover damages.   

Deceptive Trade Practices

Texas law protects consumers from deceptive trade practices.  The Texas Deceptive Trade Practices Act was enacted in 1973 to protect consumers and businesses worth up to $25 million from false and deceptive business and insurance.  The Act also protects from breaches of warranty and unconscionable actions.  Some actions prohibited by the Act include:

  • False representation, misrepresentation, and certain types of advertising
  • Motor vehicle fraud
  • Passing off goods or services as another's
  • Repair fraud (i.e., mechanics)
  • False warranties or failure to disclose certain information during sales of goods and services
  • Price gouging after a disaster

Toxic Torts

Toxic torts occur when someone's negligent act exposes you to a toxic substance and you suffer a serious injury as a result of this exposure.  Such toxic substances can include asbestos, toxic waste, pesticides, medical products, dangerous chemicals, or even toxic materials in the drinking water or food supply.  The effects of the exposure can be devastating and in many cases, such as exposure to benzene (which can cause leukemia), may not become apparent for many years.   

Boating Accidents

Like other types of vehicle accidents, boating accidents often result in devastating injuries.  Many boating accidents are caused by alcohol use.  Additionally, Texas law requires many boat operators to be certified through the Texas Parks and Wildlife Department boating safety Certification program.  Texas has more inland water than any other state; many boats navigate these waters and accidents are more likely to occur.  Because of the unique issues in a boating accident, if you are seriously injured in a boating accident, it is important to retain an attorney with experience in trying these specialized cases. 

Institutional Neglect

When we put our loved ones in a nursing home or other institution, we expect that they will be treated with care.  Unfortunately, however, nursing home abuse and neglect is common and can result in serious and devastating injuries or even death to your loved ones.  Additionally, elders are often ill and unable to communicate the abuse they have endured.  Texas has many laws regulating institutional treatment, and it is important that you retain an attorney who is readily familiar with these laws and has experience in successfully resolving elder abuse and neglect cases. 

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