Tobacco Litigation
Tobacco
When Harris County commissioners needed a lawyer to represent the interests of Harris County versus the tobacco companies, they turned to Richard Mithoff. He was appointed lead lawyer Harris County and led a group of lawyers in a settlement involving all 254 counties in Texas. They were successful in resolving the case quickly and awarding funds to counties that have benefited residents in many ways.
“Mithoff has been one of Houston’s most respected attorneys for decades, handling such high-profile cases as the aftermath of the 2010 Deepwater Horizon oil spill in the Gulf of Mexico, Enron-related litigation on behalf of JPMorgan/Chase and highly publicized bus and plant explosions.”
–Houston Chronicle, June 26, 2019
“Mithoff, a Houston personal injury lawyer, is no stranger to winning big payoffs for large groups of people. He negotiated a $2.3 billion settlement with the tobacco industry for Harris and other counties, and he won $80 million for residents of a nursing home who were killed in a 2005 bus explosion while fleeing Hurricane Rita.”
– Houston Chronicle, November 22, 2017
Publicly reported verdicts and settlements, examples of which follow, reflect our approach to the trial and settlement of cases. Some of the more high-profile cases were the subject of extensive news coverage, which very often include examples of the kind of evidence taken into account by the juries deciding these cases.
Coverage of the Tobacco Case
Star Lawyer to Aid County in Quest for Tobacco Funds
Deal on Tobacco OK’d By Local Officials
Attorney in Tobacco Deal Reduces Fee
No Sleaze in $20 Million Lawyer’s Fee
DISCLAIMER
Verdicts and settlements as reported in these multiple news sources reflect the amount of these verdicts and settlements at the time they were reported and do not necessarily reflect the amounts ultimately recovered by the parties and may not be representative of results in other similar cases.
Reported amounts will not reflect attorneys’ fees (typically up to a 40 percent contingent fee) or case expenses. Jury verdicts may have been settled pending an appeal for a lesser amount and may have been settled on a confidential basis by agreement of the parties as approved by the court.
Mithoff has been the subject of profiles in a number of publications, including:
- Texas Super Lawyers “Legends of the Law” (“notching hundreds of $1 million-plus personal injury and commercial verdicts and settlements;” “an uncanny ability to grasp the heart of a case and craft persuasive arguments to sway judges and juries”)
- Houston Chronicle “A Sense of Empathy” (“a sense of empathy has helped Mithoff become one of nation’s most successful trial attorneys;” “connecting with both judges and juries through his mild manner and straight-forward approach.”)
- Detroit Free Press “Liability of Silence” (“Beating big corporations with big verdicts made Richard Mithoff one of the country’s best-known product-liability attorneys.”)
- Houston Business Journal “Attorney Wins Cases for Causes in Trials by Fire” (“one of the state’s most prominent legal renegades”)
- The Texas Lawbook “Richard Mithoff: Million-Dollar Verdicts that Save Lives” (“wins the old fashion way–by out-thinking outworking and outperforming his opposition.”)
- Texas Super Lawyers “Straight Up and Unshaken” (“a master at connecting with a jury.”)
- Texas’ Best Lawyers “Richard Mithoff Fighting for an Emotionally Charged Verdict in Louisiana” (“one of the most emotionally challenging of his storied career.”)
- Lawyers Weekly USA “The Richest Small-Firm Lawyers in America” (“clients flock to Mithoff knowing he can get the job done quickly.”)
- Houston Press “Best Civil Attorney” (“legal dynamo developed his considerable skills, grace and guts under the best.”)
Mithoff has received a number of awards in recognition of his lifetime achievements, including:
- Texas Super Lawyers Top 10 in Texas
- University of Texas Distinguished Alumnus Award
- University of Texas Law School Lifetime Achievement Award
- Lifetime Excellence in Advocacy Award Texas Association of Civil Trial and Appellate Specialists (see tribute by Justice Tracy Christopher)
- Leon Green Award for Outstanding Contributions to the Legal Profession Texas Law Review (see tribute by former Chief Justice Tom Phillips)
- Professional Excellence Award, Lifetime Achiever — Texas Lawyer
- Lions of the Bar – The Texas Lawbook
- Champion of Justice Award – Texas Watch
- Chrys Dougherty “Good Apple Award” – Texas Appleseed
- Jurisprudence Award – Anti-Defamation League
Mithoff has been elected to fellowship in the American College of Trial Lawyers, the International Academy of Trial Lawyers, the International Society of Barristers, and the American Board of Trial Advocates.
We are dedicated to achieving the very best result in your case, whether by jury verdict or settlement. Attorneys with Mithoff Law have access to the best experts available, based on over 50 years of preparing cases for trial. We know how and when to consult engineers and experts who can reconstruct the facts of your case.
In naming Mr. Mithoff the “Best Civil Lawyer” in Houston in 1998 and again in 2004, the Houston Press described his courtroom style as “dazzling his opposition with pretrial maneuvers and connecting emotionally with any juror he needs,” while noting that he has “earned a reputation for honesty and forthrightness with clients, judges, and the media.”
Practicing in the area of general civil litigation, Mithoff Law has focused on personal injury and commercial litigation, including medical malpractice, products liability, aviation and admiralty cases. Mr. Mithoff and the firm have recovered more than $1 million by verdict or settlement in several hundred personal injury and commercial cases, and has successfully defended a number of clients in commercial cases involving claims of several hundred million dollars in the areas of breach of contract, antitrust, trade secrets and patent infringement.
His diverse list of clients has included San Diego Padres owner John Moores, ConocoPhillips, Texas Heart Institute, shareholders of BP stock following the 2010 oil spill in the Gulf of Mexico, singer Willie Nelson, the Berry children orphaned after a car accident which killed their parents, the family of former Houston Oilers owner Bud Adams, the family of police-shooting victim Pedro Oregon, the Democratic Party of Texas, J.P. Morgan/Chase in the Enron litigation, Momentum Operating Co. in a Texas Panhandle oil and gas dispute and the families of five men killed in the 2005 BP Texas City explosion.
Product Liability
Houston Product Liability Lawyer
If you or a family member have been seriously injured or have sustained the loss of a loved one because of a product or device, you know how your needs and priorities can change quickly — it takes only an instant to be suddenly faced with serious injuries, mounting medical bills, loss of income and more.
Mithoff Law has decades of experience handling product liability cases. Richard Warren Mithoff and Mithoff Law have successfully handled more than several thousand cases over 50 years in nearly every area of personal injury, wrongful death and commercial litigation, including well in excess of more than several hundred cases taken to trial. Our reputation is widely known:
“Mithoff has been one of Houston’s most respected attorneys for decades, handling such high-profile cases as the aftermath of the 2010 Deepwater Horizon oil spill in the Gulf of Mexico, Enron-related litigation on behalf of JPMorgan/Chase and highly publicized bus and plant explosions.”
–Houston Chronicle, June 26, 2019
“Mithoff, a Houston personal injury lawyer, is no stranger to winning big payoffs for large groups of people. He negotiated a $2.3 billion settlement with the tobacco industry for Harris and other counties, and he won $80 million for residents of a nursing home who were killed in a 2005 bus explosion while fleeing Hurricane Rita.”
– Houston Chronicle, November 22, 2017
If you or a family member or friend are seriously injured as the result of defective product, you should seek out the names of one or more highly qualified trial lawyers who have successfully handled a significant number of these kinds of cases.
Your most trustworthy sources for such a referral may be a close friend, a colleague from work, a fellow parishioner from your church, or another lawyer who is a personal friend and who can give you an unbiased opinion about the best lawyer to consult.
Publicly reported verdicts and settlements, examples of which follow, reflect our approach to the trial and settlement of cases. Some of the more high-profile cases involving product liability were the subject of extensive news coverage, which very often include examples of the kind of evidence taken into account by the juries deciding these cases.
DISCLAIMER
Verdicts and settlements as reported in these multiple news sources reflect the amount of these verdicts and settlements at the time they were reported and do not necessarily reflect the amounts ultimately recovered by the parties and may not be representative of results in other similar cases.
Reported amounts will not reflect attorneys’ fees (typically up to a 40 percent contingent fee) or case expenses. Jury verdicts may have been settled pending an appeal for a lesser amount and may have been settled on a confidential basis by agreement of the parties as approved by the court.
Examples of Mithoff Law’s Prominent Cases
By choosing Mithoff Law, clients can rest assured that they’re working with one of the premier product liability law firms in the country. Recipient of several prestigious awards, founder Richard Mithoff has been twice designated among Forbes Top 10 Trial Lawyers in the United States. With more than 50 years of experience to his name, Mithoff and his team — all highly acclaimed their own right — have won a number of high-profile legal cases, including:
Liability of Silence (Detroit Free Press)
Files on Tires Recall Must Be Disclosed in Suit (Houston Chronicle)
Group Fights Firestone Motion (Houston Chronicle)
Trek Recalls 1M Bikes for Safety Issue
A Sense of Empathy – Harris County vs Volkswagen (Houston Chronicle)
Mithoff has been the subject of profiles in a number of publications, including:
- Texas Super Lawyers “Legends of the Law” (“notching hundreds of $1 million-plus personal injury and commercial verdicts and settlements;” “an uncanny ability to grasp the heart of a case and craft persuasive arguments to sway judges and juries”)
- Houston Chronicle “A Sense of Empathy” (“a sense of empathy has helped Mithoff become one of nation’s most successful trial attorneys;” “connecting with both judges and juries through his mild manner and straight-forward approach.”)
- Detroit Free Press “Liability of Silence” (“Beating big corporations with big verdicts made Richard Mithoff one of the country’s best-known product-liability attorneys.”)
- Houston Business Journal “Attorney Wins Cases for Causes in Trials by Fire” (“one of the state’s most prominent legal renegades”)
- The Texas Lawbook “Richard Mithoff: Million-Dollar Verdicts that Save Lives” (“wins the old fashion way–by out-thinking outworking and outperforming his opposition.”)
- Texas Super Lawyers “Straight Up and Unshaken” (“a master at connecting with a jury.”)
- Texas’ Best Lawyers “Richard Mithoff Fighting for an Emotionally Charged Verdict in Louisiana” (“one of the most emotionally challenging of his storied career.”)
- Lawyers Weekly USA “The Richest Small-Firm Lawyers in America” (“clients flock to Mithoff knowing he can get the job done quickly.”)
- Houston Press “Best Civil Attorney” (“legal dynamo developed his considerable skills, grace and guts under the best.”)
Mithoff has received a number of awards in recognition of his lifetime achievements, including:
- Texas Super Lawyers Top 10 in Texas
- University of Texas Distinguished Alumnus Award
- University of Texas Law School Lifetime Achievement Award
- Lifetime Excellence in Advocacy Award Texas Association of Civil Trial and Appellate Specialists (see tribute by Justice Tracy Christopher)
- Leon Green Award for Outstanding Contributions to the Legal Profession Texas Law Review (see tribute by former Chief Justice Tom Phillips)
- Professional Excellence Award, Lifetime Achiever — Texas Lawyer
- Lions of the Bar – The Texas Lawbook
- Champion of Justice Award – Texas Watch
- Chrys Dougherty “Good Apple Award” – Texas Appleseed
- Jurisprudence Award – Anti-Defamation League
Mithoff has been elected to fellowship in the American College of Trial Lawyers, the International Academy of Trial Lawyers, the International Society of Barristers, and the American Board of Trial Advocates.
We are dedicated to achieving the very best result in your case, whether by jury verdict or settlement. Attorneys with Mithoff Law have access to the best experts available, based on over 50 years of preparing cases for trial. We know how and when to consult engineers and experts who can reconstruct the facts of your case.
“Since he started practicing in 1974, his cases have helped produce reforms in hospital credentialing of physicians and reporting of physician misconduct; prompted medical manufacturers to pull defective products off the market; led hospitals to improve their use of post-surgical intravenous solutions; and triggered a manufacturer’s recall of defective tires.”
– Super Lawyers, September 15, 2021
Understanding strict liability and defective product claims
In Texas and many other states, product liability claims typically arise under what is known as strict liability, meaning that a product manufacturer can be held liable for injuries caused by a defective product under certain circumstances. These claims can differ from personal injury cases based on negligence.
Typical types of product liability cases in Texas
In order for strict liability to apply, you and your product liability lawyer must prove that a defect was present and that it contributed to your accident. There are three categories of product defects that can be used to establish manufacturer liability in an injury.
- Manufacturing defects: In Texas, a manufacturing defect typically refers to a product that deviates from its specifications in a way that makes the product unreasonably dangerous.
- Design defects: In Texas, a design defect typically refers to a condition of a product that renders it unreasonably dangerous as designed, taking into consideration the utility of the product and risks involved in its use. Generally, for a design defect to exist, there must have been a safer alternative design available that would have significantly reduced the risk of injury, and that was economically and technologically feasible at the time the product left the manufacturer.
- Warnings defects: In Texas, a warnings defect typically refers to a failure to give adequate warnings of a product’s dangers, which were either known or reasonably should have been known to the manufacturer. Product defects can manifest in all types of products, including power tools, automobiles, and medical devices. The experienced Product Liability attorneys at Mithoff Law can help evaluate any potential claims you may have.
We are dedicated to achieving the very best result in your case, whether by jury verdict or settlement. Attorneys with Mithoff Law have access to the best experts available, based on over 50 years of preparing cases for trial. We know how and when to consult engineers and experts who can reconstruct the facts of your case. Contact Mithoff Law for cases involving:
- Amputation
- Auto product liability
- Catastropic injury
- Defective products
- Neurological injuries (brain injuries)
- Paralysis
- Spinal cord injuries
- Wrongful death
Industrial Accidents and Plant Explosions
Houston Industrial Accidents and Plant Explosion Lawyer
If you or a family member have been seriously injured or have sustained the loss of a loved one in an industrial plant explosion, you know how your needs and priorities can change quickly — it takes only an instant to be suddenly faced with serious injuries, mounting medical bills, loss of income and more.
Mithoff Law has decades of experience handling industrial accident and plant explosion cases. Richard Warren Mithoff and Mithoff Law have successfully handled more than several thousand cases over 50 years in nearly every area of personal injury, wrongful death and commercial litigation, including well in excess of more than several hundred cases taken to trial. Our reputation is widely known:
“Mithoff has been one of Houston’s most respected attorneys for decades, handling such high-profile cases as the aftermath of the 2010 Deepwater Horizon oil spill in the Gulf of Mexico, Enron-related litigation on behalf of JPMorgan/Chase and highly publicized bus and plant explosions.”
–Houston Chronicle, June 26, 2019
“Mithoff, a Houston personal injury lawyer, is no stranger to winning big payoffs for large groups of people. He negotiated a $2.3 billion settlement with the tobacco industry for Harris and other counties, and he won $80 million for residents of a nursing home who were killed in a 2005 bus explosion while fleeing Hurricane Rita.”
– Houston Chronicle, November 22, 2017
If you or a family member or friend are seriously injured as the result of an industrial accident or plant explosion, you should seek out the names of one or more highly qualified trial lawyers who have successfully handled a significant number of these kinds of cases.
Your most trustworthy sources for such a referral may be a close friend, a colleague from work, a fellow parishioner from your church, or another lawyer who is a personal friend and who can give you an unbiased opinion about the best lawyer to consult.
Publicly reported verdicts and settlements, examples of which follow, reflect our approach to the trial and settlement of cases. Some of the more high-profile cases involving industrial accidents and plant explosions were the subject of extensive news coverage, which very often include examples of the kind of evidence taken into account by the juries deciding these cases.
DISCLAIMER
Verdicts and settlements as reported in these multiple news sources reflect the amount of these verdicts and settlements at the time they were reported and do not necessarily reflect the amounts ultimately recovered by the parties and may not be representative of results in other similar cases.
Reported amounts will not reflect attorneys’ fees (typically up to a 40 percent contingent fee) or case expenses. Jury verdicts may have been settled pending an appeal for a lesser amount and may have been settled on a confidential basis by agreement of the parties as approved by the court.
Examples of Mithoff Law’s Prominent Cases
By choosing Mithoff Law, clients can rest assured that they’re working with one of the premier industrial explosion law firms in the country. Recipient of several prestigious awards, founder Richard Mithoff has been twice designated among Forbes Top 10 Trial Lawyers in the United States. With more than 50 years of experience to his name, Mithoff and his team — all highly acclaimed their own right — have won a number of high-profile legal cases, including:
BP to Pay Millions to Families in Blast
Accident’s Cost Hits BP’s Bottom Line
Lawsuit is Settled in Sugar Mill Blast
Families of Blast Victims Sue Plant for Negligence
Plant Blast Preventable, Probers Say: Wymon Gorden fined
Mithoff has been the subject of profiles in a number of publications, including:
- Texas Super Lawyers “Legends of the Law” (“notching hundreds of $1 million-plus personal injury and commercial verdicts and settlements;” “an uncanny ability to grasp the heart of a case and craft persuasive arguments to sway judges and juries”)
- Houston Chronicle “A Sense of Empathy” (“a sense of empathy has helped Mithoff become one of nation’s most successful trial attorneys;” “connecting with both judges and juries through his mild manner and straight-forward approach.”)
- Detroit Free Press “Liability of Silence” (“Beating big corporations with big verdicts made Richard Mithoff one of the country’s best-known product-liability attorneys.”)
- Houston Business Journal “Attorney Wins Cases for Causes in Trials by Fire” (“one of the state’s most prominent legal renegades”)
- The Texas Lawbook “Richard Mithoff: Million-Dollar Verdicts that Save Lives” (“wins the old fashion way–by out-thinking outworking and outperforming his opposition.”)
- Texas Super Lawyers “Straight Up and Unshaken” (“a master at connecting with a jury.”)
- Texas’ Best Lawyers “Richard Mithoff Fighting for an Emotionally Charged Verdict in Louisiana” (“one of the most emotionally challenging of his storied career.”)
- Lawyers Weekly USA “The Richest Small-Firm Lawyers in America” (“clients flock to Mithoff knowing he can get the job done quickly.”)
- Houston Press “Best Civil Attorney” (“legal dynamo developed his considerable skills, grace and guts under the best.”)
Mithoff has received a number of awards in recognition of his lifetime achievements, including:
- Texas Super Lawyers Top 10 in Texas
- University of Texas Distinguished Alumnus Award
- University of Texas Law School Lifetime Achievement Award
- Lifetime Excellence in Advocacy Award Texas Association of Civil Trial and Appellate Specialists (see tribute by Justice Tracy Christopher)
- Leon Green Award for Outstanding Contributions to the Legal Profession Texas Law Review (see tribute by former Chief Justice Tom Phillips)
- Professional Excellence Award, Lifetime Achiever — Texas Lawyer
- Lions of the Bar – The Texas Lawbook
- Champion of Justice Award – Texas Watch
- Chrys Dougherty “Good Apple Award” – Texas Appleseed
- Jurisprudence Award – Anti-Defamation League
Mithoff has been elected to fellowship in the American College of Trial Lawyers, the International Academy of Trial Lawyers, the International Society of Barristers, and the American Board of Trial Advocates.
We are dedicated to achieving the very best result in your case, whether by jury verdict or settlement. Attorneys with Mithoff Law have access to the best experts available, based on over 50 years of preparing cases for trial. We know how and when to consult engineers and experts who can reconstruct the facts of your case.
We are dedicated to achieving the very best result in your case, whether by jury verdict or settlement. Attorneys with Mithoff Law have access to the best experts available, based on over 50 years of preparing cases for trial. We know how and when to consult engineers and experts who can reconstruct the facts of your case. Contact Mithoff Law for cases involving:
Catastropic Vehicle Accidents
Houston Catastropic Vehicle Accidents
If you or a family member have been seriously injured or have sustained the loss of a loved one in a vehicle accident, you know how your needs and priorities can change quickly — it takes only an instant to be suddenly faced with serious injuries, mounting medical bills, loss of income and more.
Mithoff Law has decades of experience handling catastrophic vehicle accidents. Richard Warren Mithoff and Mithoff Law have successfully handled more than several thousand cases over 50 years in nearly every area of personal injury, wrongful death and commercial litigation, including well in excess of more than several hundred cases taken to trial. Our reputation is widely known:
Examples of Mithoff Law's prominent cases
“Mithoff has been one of Houston’s most respected attorneys for decades, handling such high-profile cases as the aftermath of the 2010 Deepwater Horizon oil spill in the Gulf of Mexico, Enron-related litigation on behalf of JPMorgan/Chase and highly publicized bus and plant explosions.”
–Houston Chronicle, June 26, 2019
“Mithoff has been one of Houston’s most respected attorneys for decades, handling such high-profile cases as the aftermath of the 2010 Deepwater Horizon oil spill in the Gulf of Mexico, Enron-related litigation on behalf of JPMorgan/Chase and highly publicized bus and plant explosions.”
–Houston Chronicle, June 26, 2019
If you or a family member or friend are seriously injured as the result of a catastrophic vehicle accident you should seek out the names of one or more highly qualified trial lawyers who have successfully handled a significant number of these kinds of cases.
Your most trustworthy sources for such a referral may be a close friend, a colleague from work, a fellow parishioner from your church, or another lawyer who is a personal friend and who can give you an unbiased opinion about the best lawyer to consult.
Publicly reported verdicts and settlements, examples of which follow, reflect our approach to the trial and settlement of cases. Some of the more high-profile cases involving catastrophic vehicle accidents were the subject of extensive news coverage, which very often include examples of the kind of evidence taken into account by the juries deciding these cases.
DISCLAIMER
Verdicts and settlements as reported in these multiple news sources reflect the amount of these verdicts and settlements at the time they were reported and do not necessarily reflect the amounts ultimately recovered by the parties and may not be representative of results in other similar cases.
Reported amounts will not reflect attorneys’ fees (typically up to a 40 percent contingent fee) or case expenses. Jury verdicts may have been settled pending an appeal for a lesser amount and may have been settled on a confidential basis by agreement of the parties as approved by the court.
Examples of Mithoff Law’s Prominent Cases
By choosing Mithoff Law, clients can rest assured that they’re working with one of the premier personal injury law firms in the country. Recipient of several prestigious awards, founder Richard Mithoff has been twice designated among Forbes Top 10 Trial Lawyers in the United States. With more than 50 years of experience to his name, Mithoff and his team — all highly acclaimed their own right — have won a number of high-profile legal cases, including:
Firefighter’s Family Wins Judgment
Federal Jury Awarded in Basin Crash Wreck
Rental Car Company and Insurance Must Pay for DWI Victim
Emotionally Charged Verdict in Louisiana
Rita Bus Families Settle for Mllions
Jury Verdict: Texas Family Sues Allied Van Lines after Deadly 2003 Wreck
Victims Settle in Victoria Bus Crash
Bus Company Settles Over Tragic Wreck
Mithoff has been the subject of profiles in a number of publications, including:
- Texas Super Lawyers “Legends of the Law” (“notching hundreds of $1 million-plus personal injury and commercial verdicts and settlements;” “an uncanny ability to grasp the heart of a case and craft persuasive arguments to sway judges and juries”)
- Houston Chronicle “A Sense of Empathy” (“a sense of empathy has helped Mithoff become one of nation’s most successful trial attorneys;” “connecting with both judges and juries through his mild manner and straight-forward approach.”)
- Detroit Free Press “Liability of Silence” (“Beating big corporations with big verdicts made Richard Mithoff one of the country’s best-known product-liability attorneys.”)
- Houston Business Journal “Attorney Wins Cases for Causes in Trials by Fire” (“one of the state’s most prominent legal renegades”)
- The Texas Lawbook “Richard Mithoff: Million-Dollar Verdicts that Save Lives” (“wins the old fashion way–by out-thinking outworking and outperforming his opposition.”)
- Texas Super Lawyers “Straight Up and Unshaken” (“a master at connecting with a jury.”)
- Texas’ Best Lawyers “Richard Mithoff Fighting for an Emotionally Charged Verdict in Louisiana” (“one of the most emotionally challenging of his storied career.”)
- Lawyers Weekly USA “The Richest Small-Firm Lawyers in America” (“clients flock to Mithoff knowing he can get the job done quickly.”)
- Houston Press “Best Civil Attorney” (“legal dynamo developed his considerable skills, grace and guts under the best.”)
Mithoff has received a number of awards in recognition of his lifetime achievements, including:
- Texas Super Lawyers Top 10 in Texas
- University of Texas Distinguished Alumnus Award
- University of Texas Law School Lifetime Achievement Award
- Lifetime Excellence in Advocacy Award Texas Association of Civil Trial and Appellate Specialists (see tribute by Justice Tracy Christopher)
- Leon Green Award for Outstanding Contributions to the Legal Profession Texas Law Review (see tribute by former Chief Justice Tom Phillips)
- Professional Excellence Award, Lifetime Achiever — Texas Lawyer
- Lions of the Bar – The Texas Lawbook
- Champion of Justice Award – Texas Watch
- Chrys Dougherty “Good Apple Award” – Texas Appleseed
- Jurisprudence Award – Anti-Defamation League
Mithoff has been elected to fellowship in the American College of Trial Lawyers, the International Academy of Trial Lawyers, the International Society of Barristers, and the American Board of Trial Advocates.
Types of vehicle accident cases
Mithoff law has successfully represented clients involved in many kinds of car accident cases.
We are dedicated to achieving the very best result in your case, whether by jury verdict or settlement. Attorneys with Mithoff Law have access to the best experts available, based on over 50 years of preparing cases for trial. We know how and when to consult engineers and experts who can reconstruct the facts of your case. Contact Mithoff Law for cases involving:
Rita Bus Families Settle for Millions
Victims Settle in Victoria Bus Crash
Bus Company settles Over Tragic Wreck
Family of Firefighter Awarded Verdict in Tragic Bicycle Crash
Truck and 18-Wheeler accidents
Emotionally Charged Verdict in Louisiana
Jury Verdict: Texas Family Sues Allied Van Lines after Deadly 2003 Wreck
How long do I have to file a car accident claim in Texas?
The statute of limitations for car accidents in Texas is typically two years. By hiring a Houston car accident lawyer as soon as possible, rather than waiting closer to the two-year deadline, your attorneys will have a better opportunity to collect evidence, find witnesses, and efficiently prepare your case for trial
We are dedicated to achieving the very best result in your case, whether by jury verdict or settlement. Attorneys with Mithoff Law have access to the best experts available, based on over 50 years of preparing cases for trial. We know how and when to consult engineers and experts who can reconstruct the facts of your case. Contact Mithoff Law for cases involving:
Aviation Accidents
Houston Aviation Accident Lawyer
Mithoff Law has a long-standing reputation for being a leader in aviation litigation, and our attorneys have been recognized as some of the best in the field. Our track record of success speaks for itself, and we have secured significant verdicts and settlements for our clients in high-profile aviation cases.
One such case involved the crash of Air France 447 in 2009. The French aviation authority’s investigation into the crash documented several contributing causes to the crash of the Airbus A330 aircraft, including crew training, avionics, and other component issues. Mithoff Law brought suit against Air France and Airbus on behalf of the surviving family members of the only Americans aboard the flight.
Our attorneys, including Richard Mithoff and Warner Hocker, represented the families of the victims, and through their tireless efforts, were able to resolve all of their clients’ claims prior to trial. In reflecting upon whether the Air France 447 tragedy should have informed Boeing with respect to design choices it made for the 737 MAX aircraft, the Houston Chronicle featured the work of Mithoff Law, alongside analysis from Captain Sully Sullenberger (the captain of the U.S. Airways “Miracle on the Hudson” flight): https://www.houstonchronicle.com/business/article/Did-Boeing-aviation-industry-heed-lessons-of-14369021.php
In addition to cases involving commercial airlines and airframe manufacturers, Mithoff Law and its attorneys have extensive experience with general aviation litigation, including fixed-wing and helicopter crashes.
In one such case, Mithoff Law attorneys Richard Mithoff and Janie Jordan represented the families of victims in a fatal helicopter crash that occurred in the coastal waters of Louisiana. The helicopter was en route to an offshore platform at the time of the crash. The crash occurred as a result of a loss of control following a bird strike. Mithoff Law brought suit against the helicopter manufacturer and others alleging, among other claims, that the defective design of the helicopter’s control system contributed to the crash. Through skillful use of pre-suit discovery and depositions, Mithoff Law was able to successfully resolve all of its clients’ claims prior to trial.
Examples of aviation cases we’ve defended
Mithoff Law’s extensive experience in litigating air crashes, whether commercial, general aviation, special-purpose use (such as government use), fixed-wing, rotorcraft, and/or single or multi-engine, has included:
- Successful pre-suit resolution of claims made against the airframe and avionics manufacturers of a single-engine turboprop general aviation aircraft, on behalf of the surviving family members of the pilot, who was the sole occupant of the aircraft. The aircraft crashed at night on final approach, and the NTSB report into the crash cited pilot incapacitation due to fatigue as a probable cause of the crash. Mithoff Law attorneys Richard Mithoff and Warner Hocker worked tirelessly for several years—including traveling overseas to take depositions of the airframe manufacturer’s chief project engineer—to bring their clients’ claims to resolution.
- Successful pre-suit resolution of claims made against the Type Certificate Holder of a helicopter engine, as well as a maintenance entity that performed work on the engine. The helicopter in question crashed while performing work under contract to the United States Government. Mithoff Law represented the sole survivor of the crash, as well as the surviving family of the other occupants of the helicopter. Claims brought included allegations that the engine’s Type Certificate Holder had improperly furnished maintenance guidance and that the maintenance facility had negligently performed repairs on the engine. Mithoff Law also prevailed against a summary judgment motion alleging that the Statute of Repose contained in the General Aviation Revitalization Act (GARA) barred the Plaintiffs’ claims.
- Recently, Mithoff Law attorneys Richard Mithoff and Warner Hocker took their clients’ claims to trial in a case arising out of the crash of a twin-engine Beech 58 Baron near Kerrville, Texas. The crash resulted in the deaths of the pilot and all five passengers aboard. Among other claims, the Plaintiffs alleged that the pilot was negligent and failed to ensure that the aircraft had enough fuel aboard and that the pilot was within the course and scope of his employment with financial services firm Raymond James & Associates at the time of the crash, notwithstanding a corporate policy that forbade its associates from utilizing private aircraft for business purposes. The total jury verdict was in excess of $12 million.
In addition to these high-profile cases, our attorneys have also been involved in numerous other aviation litigation cases, including cases involving product defects, pilot errors, air traffic control issues, and more. We understand the technical complexities involved in aviation litigation and are well-equipped to handle even the most challenging cases.
Our attorneys are often invited to speak at conferences and seminars on the subject of aviation law, and we have been featured in numerous publications for our work in this area. At Mithoff Law, we understand the devastating impact that aviation accidents can have on victims and their families. We are committed to helping our clients obtain the compensation and justice they deserve. If you or a loved one has been involved in an aviation accident, contact us for a free consultation.
Medical Malpractice/Birth Injury
Houston Medical Malpractice/Birth Injury Lawyer
If you or a family member have been seriously injured or have sustained the loss of a loved one by a doctor or hospital, you know how your needs and priorities can change quickly — it takes only an instant to be suddenly faced with serious injuries, mounting medical bills, loss of income and more.
Mithoff Law has decades of experience handling medical malpractice and birth injury cases. Richard Warren Mithoff and Mithoff Law have successfully handled more than several thousand cases over 50 years in nearly every area of personal injury, wrongful death and commercial litigation, including well in excess of more than several hundred cases taken to trial. Our reputation is widely known:
“Mithoff has been one of Houston’s most respected attorneys for decades, handling such high-profile cases as the aftermath of the 2010 Deepwater Horizon oil spill in the Gulf of Mexico, Enron-related litigation on behalf of JPMorgan/Chase and highly publicized bus and plant explosions.”
–Houston Chronicle, June 26, 2019
“Mithoff, a Houston personal injury lawyer, is no stranger to winning big payoffs for large groups of people. He negotiated a $2.3 billion settlement with the tobacco industry for Harris and other counties, and he won $80 million for residents of a nursing home who were killed in a 2005 bus explosion while fleeing Hurricane Rita.”
– Houston Chronicle, November 22, 2017
If you or a family member or friend are seriously injured as the result medical procedure, you should seek out the names of one or more highly qualified trial lawyers who have successfully handled a significant number of these kinds of cases.
Your most trustworthy sources for such a referral may be a close friend, a colleague from work, a fellow parishioner from your church, or another lawyer who is a personal friend and who can give you an unbiased opinion about the best lawyer to consult.
Publicly reported verdicts and settlements, examples of which follow, reflect our approach to the trial and settlement of cases. Some of the more high-profile cases involving medical malpractice were the subject of extensive news coverage, which very often include examples of the kind of evidence taken into account by the juries deciding these cases.
DISCLAIMER
Verdicts and settlements as reported in these multiple news sources reflect the amount of these verdicts and settlements at the time they were reported and do not necessarily reflect the amounts ultimately recovered by the parties and may not be representative of results in other similar cases.
Reported amounts will not reflect attorneys’ fees (typically up to a 40 percent contingent fee) or case expenses. Jury verdicts may have been settled pending an appeal for a lesser amount and may have been settled on a confidential basis by agreement of the parties as approved by the court.
Examples of Mithoff Law’s Prominent Cases
By choosing Mithoff Law, clients can rest assured that they’re working with one of the premier medical malpractice law firms in the country. Recipient of several prestigious awards, founder Richard Mithoff has been twice designated Forbes Top 10 Trial Lawyer in the United States. With more than 50 years of experience to his name, Mithoff and his team — all highly acclaimed their own right — have won a number of high-profile legal cases, including:
Mithoff’s Medical Malpractice Magic
Romero Case – Jury Verdict for Botched Surgery
Lawyer Fights for Newborns — In Court and With Endowment
Verdict May Change Hospital Immunity Standard
Hospital Settles Suit; Promises Tough Stance on Drug-testing Policy
Brain Injury at Birth Settlement in Pasadena
Mithoff has been the subject of profiles in a number of publications, including:
- Texas Super Lawyers “Legends of the Law” (“notching hundreds of $1 million-plus personal injury and commercial verdicts and settlements;” “an uncanny ability to grasp the heart of a case and craft persuasive arguments to sway judges and juries”)
- Houston Chronicle “A Sense of Empathy” (“a sense of empathy has helped Mithoff become one of nation’s most successful trial attorneys;” “connecting with both judges and juries through his mild manner and straight-forward approach.”)
- Detroit Free Press “Liability of Silence” (“Beating big corporations with big verdicts made Richard Mithoff one of the country’s best-known product-liability attorneys.”)
- Houston Business Journal “Attorney Wins Cases for Causes in Trials by Fire” (“one of the state’s most prominent legal renegades”)
- The Texas Lawbook “Richard Mithoff: Million-Dollar Verdicts that Save Lives” (“wins the old fashion way–by out-thinking outworking and outperforming his opposition.”)
- Texas Super Lawyers “Straight Up and Unshaken” (“a master at connecting with a jury.”)
- Texas’ Best Lawyers “Richard Mithoff Fighting for an Emotionally Charged Verdict in Louisiana” (“one of the most emotionally challenging of his storied career.”)
- Lawyers Weekly USA “The Richest Small-Firm Lawyers in America” (“clients flock to Mithoff knowing he can get the job done quickly.”)
- Houston Press “Best Civil Attorney” (“legal dynamo developed his considerable skills, grace and guts under the best.”)
Mithoff has received a number of awards in recognition of his lifetime achievements, including:
- Texas Super Lawyers Top 10 in Texas
- University of Texas Distinguished Alumnus Award
- University of Texas Law School Lifetime Achievement Award
- Lifetime Excellence in Advocacy Award Texas Association of Civil Trial and Appellate Specialists (see tribute by Justice Tracy Christopher)
- Leon Green Award for Outstanding Contributions to the Legal Profession Texas Law Review (see tribute by former Chief Justice Tom Phillips)
- Professional Excellence Award, Lifetime Achiever — Texas Lawyer
- Lions of the Bar – The Texas Lawbook
- Champion of Justice Award – Texas Watch
- Chrys Dougherty “Good Apple Award” – Texas Appleseed
- Jurisprudence Award – Anti-Defamation League
Mithoff has been elected to fellowship in the American College of Trial Lawyers, the International Academy of Trial Lawyers, the International Society of Barristers, and the American Board of Trial Advocates.
We are dedicated to achieving the very best result in your case, whether by jury verdict or settlement. Attorneys with Mithoff Law have access to the best experts available, based on over 50 years of preparing cases for trial. We know how and when to consult engineers and experts who can reconstruct the facts of your case.
Medical Products
Houston Medical Products and Pharmaceutical Liability Lawyer
If you or a family member have been seriously injured or have sustained the loss of a loved one by a medical product or device, you know how your needs and priorities can change quickly — it takes only an instant to be suddenly faced with serious injuries, mounting medical bills, loss of income and more.
Mithoff Law has decades of experience handling medical product liability cases. Richard Warren Mithoff and Mithoff Law have successfully handled more than several thousand cases over 50 years in nearly every area of personal injury, wrongful death and commercial litigation, including well in excess of more than several hundred cases taken to trial. Our reputation is widely known:
“Mithoff has been one of Houston’s most respected attorneys for decades, handling such high-profile cases as the aftermath of the 2010 Deepwater Horizon oil spill in the Gulf of Mexico, Enron-related litigation on behalf of JPMorgan/Chase and highly publicized bus and plant explosions.”
–Houston Chronicle, June 26, 2019
“Mithoff, a Houston personal injury lawyer, is no stranger to winning big payoffs for large groups of people. He negotiated a $2.3 billion settlement with the tobacco industry for Harris and other counties, and he won $80 million for residents of a nursing home who were killed in a 2005 bus explosion while fleeing Hurricane Rita.”
– Houston Chronicle, November 22, 2017
If you or a family member or friend are seriously injured as the result of defective medical product or pharmaceutical, you should seek out the names of one or more highly qualified trial lawyers who have successfully handled a significant number of these kinds of cases.
Your most trustworthy sources for such a referral may be a close friend, a colleague from work, a fellow parishioner from your church, or another lawyer who is a personal friend and who can give you an unbiased opinion about the best lawyer to consult.
Publicly reported verdicts and settlements, examples of which follow, reflect our approach to the trial and settlement of cases. Some of the more high-profile cases involving product liability were the subject of extensive news coverage, which very often include examples of the kind of evidence taken into account by the juries deciding these cases.
DISCLAIMER
Verdicts and settlements as reported in these multiple news sources reflect the amount of these verdicts and settlements at the time they were reported and do not necessarily reflect the amounts ultimately recovered by the parties and may not be representative of results in other similar cases.
Reported amounts will not reflect attorneys’ fees (typically up to a 40 percent contingent fee) or case expenses. Jury verdicts may have been settled pending an appeal for a lesser amount and may have been settled on a confidential basis by agreement of the parties as approved by the court.
Examples of Mithoff Law’s Prominent Cases
By choosing Mithoff Law, clients can rest assured that they’re working with one of the premier medical product liability law firms in the country. Recipient of several prestigious awards, founder Richard Mithoff has been twice designated among Forbes Top 10 Trial Lawyers in the United States. With more than 50 years of experience to his name, Mithoff and his team — all highly acclaimed their own right — have won a number of high-profile legal cases, including:
Lawsuits over Faulty Hips Settled
Award in Hospital Death for Patient with Hypernatremia
East Texan Knew About Breast Implants Perils Years Ago
Families Sue Over Deaths After Surgery
Additionally, Mithoff Law has helped victims and their families obtain significant settlements from pharmaceutical companies, including:
Vioxx litigation
Mithoff Law represented hundreds of clients who made claims regarding Vioxx. The claims were settled for a confidential amount.
The manufacturer of the acne drug Accutane agreed to pay a 9-year-old boy and his mother an unspecified amount to settle a lawsuit that alleged the drug caused the child to be born with several deformities.
Mithoff has been the subject of profiles in a number of publications, including:
- Texas Super Lawyers “Legends of the Law” (“notching hundreds of $1 million-plus personal injury and commercial verdicts and settlements;” “an uncanny ability to grasp the heart of a case and craft persuasive arguments to sway judges and juries”)
- Houston Chronicle “A Sense of Empathy” (“a sense of empathy has helped Mithoff become one of nation’s most successful trial attorneys;” “connecting with both judges and juries through his mild manner and straight-forward approach.”)
- Detroit Free Press “Liability of Silence” (“Beating big corporations with big verdicts made Richard Mithoff one of the country’s best-known product-liability attorneys.”)
- Houston Business Journal “Attorney Wins Cases for Causes in Trials by Fire” (“one of the state’s most prominent legal renegades”)
- The Texas Lawbook “Richard Mithoff: Million-Dollar Verdicts that Save Lives” (“wins the old fashion way–by out-thinking outworking and outperforming his opposition.”)
- Texas Super Lawyers “Straight Up and Unshaken” (“a master at connecting with a jury.”)
- Texas’ Best Lawyers “Richard Mithoff Fighting for an Emotionally Charged Verdict in Louisiana” (“one of the most emotionally challenging of his storied career.”)
- Lawyers Weekly USA “The Richest Small-Firm Lawyers in America” (“clients flock to Mithoff knowing he can get the job done quickly.”)
- Houston Press “Best Civil Attorney” (“legal dynamo developed his considerable skills, grace and guts under the best.”)
Mithoff has received a number of awards in recognition of his lifetime achievements, including:
- Texas Super Lawyers Top 10 in Texas
- University of Texas Distinguished Alumnus Award
- University of Texas Law School Lifetime Achievement Award
- Lifetime Excellence in Advocacy Award Texas Association of Civil Trial and Appellate Specialists (see tribute by Justice Tracy Christopher)
- Leon Green Award for Outstanding Contributions to the Legal Profession Texas Law Review (see tribute by former Chief Justice Tom Phillips)
- Professional Excellence Award, Lifetime Achiever — Texas Lawyer
- Lions of the Bar – The Texas Lawbook
- Champion of Justice Award – Texas Watch
- Chrys Dougherty “Good Apple Award” – Texas Appleseed
- Jurisprudence Award – Anti-Defamation League
Mithoff has been elected to fellowship in the American College of Trial Lawyers, the International Academy of Trial Lawyers, the International Society of Barristers, and the American Board of Trial Advocates.
We are dedicated to achieving the very best result in your case, whether by jury verdict or settlement. Attorneys with Mithoff Law have access to the best experts available, based on over 50 years of preparing cases for trial. We know how and when to consult engineers and experts who can reconstruct the facts of your case.
Texas Dram Shop Lawyer
Texas Dram Shop Lawyer
If you or a loved one were killed or seriously injured by a drunk driver, a dram shop lawyer may be able to help you pursue damages against third parties who contributed to the accident.
Richard Mithoff and the attorneys at Mithoff Law are uniquely qualified to handle cases involving Texas dram shop law. Founding attorney Richard Mithoff has won millions of dollars for families who have been affected by drunk driving accidents. We have successfully pursued damages from negligent providers who enable drunk drivers, including bars, restaurants, rental car companies, insurance companies, and more.
If you are concerned that another party’s negligent actions contributed to a drunk driving accident, an experienced dram shop lawyer at Mithoff Law to explore your options and discuss your potential case.
Call us at 713-654-1122 today.
“Mithoff has been one of Houston’s most respected attorneys for decades, handling such high-profile cases as the aftermath of the 2010 Deepwater Horizon oil spill in the Gulf of Mexico, Enron-related litigation on behalf of J.P, Morgan Chase and highly publicized bus and plant explosions.”
– Houston Chronicle, June 26, 2019
What is Texas dram shop law?
The Texas Dram Shop Act, which is included in the Texas Alcoholic Beverage Code, outlines how negligent third parties can be held liable for a drunk driving accident in which they themselves were not physically involved.
For example, under Texas dram shop law, a provider (anyone who sells or provides access to alcohol) who serves alcohol to anyone who is already visibly intoxicated or is under the age of 21 can be held criminally and financially liable for damages caused by the intoxicated party they illegally served.
Additional examples of dram shop law violations include:
- Serving or selling alcohol to a minor
- Serving alcohol to a visibly intoxicated person, regardless of age
- Encouraging a visibly intoxicated person to continue drinking
- Continuously serving liquor so that it created substantial risk of death
- Allowing a visibly intoxicated patron to leave a bar, restaurant, or other establishment where alcohol is served or sold
Unlike some criminal offenses (such as murder or armed robbery) where accomplices and enablers can be charged alongside perpetrators, parties in violation of Texas dram shop law are not prosecuted as accomplices in a DWI accident, nor are they prosecuted for DWI/Intoxicated Manslaughter. Dram shop violations are a separate offense that can carry both criminal and civil penalties.
Once retained, the dram shop lawyers and Houston personal injury attorneys at Mithoff Law can help you decide what type of charges should be pursued in your particular case.
Who can bring a dram shop claim?
A Texas dram shop lawyer helps those negatively affected by a drunk driving accident and their family members (parents, spouses and children) to file a claim against the establishment that overserved or otherwise illegally served the driver responsible for the accident.
Those able to pursue a dram shop claim in Texas include:
- Any victims injured by an overserved drunk driver
- Family members (parents, children, spouses) of a deceased victim
- Pedestrians hit or injured by the accident
- Owners of property damaged by the drunk driver
- Relatives of the overserved drunk driver
Mithoff Law has been bringing dram shop claims on behalf of victims of dram shop violations for nearly half a century. In fact, our dram shop lawyers brought forth one of the original dram shop cases in Texas on behalf of the family of a Houston teenager who received severe brain injuries from a drunk driving accident. The teen was a passenger in a car driven by an underaged, intoxicated friend who was wrongfully sold alcohol by a local convenience store.
Who can be held liable for a drunk driving accident under Texas dram shop law?
While an intoxicated individual who chooses to drive can be held legally responsible for their actions, Texas dram shop law also places liability on parties who enable such accidents to happen through professional negligence.
It is illegal for a liquor store, retail establishment, bar, or restaurant to serve alcohol to already-intoxicated individuals or minors, regardless of their sobriety. When these individuals cause a drunk driving accident, a dram shop lawyer can investigate and pursue claims from the establishments that overserved or otherwise provided alcohol to them.
Parties/providers held liable in many dram shop law cases may include:
- Bartenders: If you’re wondering “can a bartender go to jail for over-serving?” the answer is yes. Bartenders and other servers at a bar or restaurant can be held criminally and financially liable for over-serving, for serving minors, or for serving obviously intoxicated individuals.
- Store owners/clerks: Similarly, if a store employee sells alcohol to an intoxicated individual or to a minor, they may be held liable for any resulting damages in addition to any fines and penalties they may incur for violating their liquor license.
- Bars and restaurants: Most often, the business where the drunk driver was illegally served alcohol is the target of a dram shop claim.
Contributing third parties: People or organizations whose negligence enables a drunk driver to injure others may also be deemed liable for damages. For example, the dram shop lawyers at Mithoff Law successfully sued both Progressive Mutual Insurance and Enterprise Rental Cars for providing a driver facing multiple DWI charges with a rental car that was subsequently involved in a fatal drunk driving accident.
Do dram shop laws protect you from a lawsuit? Social Host and Safe Harbor defenses
The following rules may be used as a defense against a dram shop claim. However, these laws should not discourage you from speaking with an experienced dram shop lawyer at Mithoff Law Firm; they are in no way a guarantee that the establishment or provider will be shielded from a lawsuit.
Social Host exemptions
Adults and other social guardians playing social host to other adults or their own children cannot be held liable for a dram shop claim under the Social Host Exemption.
Under the Social Host Exemption, an adult social host cannot be held liable for a drunk driving accident under the following conditions:
- If a parent serves alcohol to their own child, the parent cannot then be sued for their child’s subsequent conduct, regardless of consequence or severity.
- If an adult at least 21 years of age serves alcohol to a guest between the ages of 18 and 20, they cannot be held liable for any subsequent damage caused by the underage drinker.
- If an adult provides alcohol to another adult free of charge. Bars that serve free drinks in exchange for a cover fee are not protected by the social host exemption.
Safe Harbor defenses
In Texas, bars and restaurants can sometimes be given the benefit of good faith in dram shop claims under the Safe Harbor defense. Under Safe Harbor rules, bars or restaurants that otherwise abide by the rules and regulations of the Texas Alcoholic Beverage Commission (TABC) may be able to defend their over-serving as an “honest mistake.”
Some of the conditions a restaurant or bar’s ownership may be able to cite in their favor include:
- Being up-to-date on TABC-approved Responsible Server training programs
- Requiring employees to maintain certifications and training
- Documented evidence that the bar does not instruct servers to provide obviously intoxicated patrons with alcohol.
Retaining a Texas dram shop lawyer at Mithoff Law
In cases involving Texas dram shop law, identifying the accountable parties requires a thorough investigation. The seasoned dram shop attorneys at Mithoff Law are renowned amongst their peers and have the experience necessary to handle complex dram shop cases.
Don’t let uncertainty keep you from exploring your options. If you believe someone else’s negligence contributed to a drunk driving accident, speak with the dram shop lawyers at Mithoff Law.
Call us at 713-654-1122 today.
Birth Injury
Houston Birth Injury Lawyer: Birth Asphyxia & Brain Damage Cases
As Houston birth injury lawyers, we know that there are few things more painful than learning that your baby may have received a brain injury during pregnancy or the birthing process. Babies who have suffered brain damage are likely to require lifelong care. Depending on their condition, they may need extensive medical support, physical therapy, home care, and many other additional resources to ever have a chance at reaching their full potential.
Unfortunately, many of these services are extremely expensive. For these (and many other) reasons, if you suspect that something went wrong before, during, or directly after the birth of your child that could have been avoided with proper medical care, it may be wise to seek legal counsel and to investigate the potential for a claim.
Mithoff Law has over four decades of experience handling birth injury cases involving brain damage. We are here to make sure your child’s best interests are fully represented and to hold any responsible parties accountable. Take a moment to learn more about the legal processes surrounding babies with brain damage, and call us to explore your options.
What to do if your child received brain damage due to negligence or malpractice
In the chaos and confusion of adjusting your life to supporting a child diagnosed with brain damage, it can be overwhelming to have to address your concerns about the quality of care that you and your baby received. Here, we’ve outlined a few initial steps parents can take to find representation and initiate an investigation.
Note: For clarification of negligence and malpractice, please see our article on The Difference Between Negligence and Medical Malpractice.
1. Contact a Houston birth injury lawyer
If you believe that negligence or malpractice may have factored into your baby’s brain damage, one of the best things you can do for your case is to hire a reputable Houston birth injury lawyer. When selecting your representation, look for a personal injury law firm that demonstrates the following:
Experience: Look for a Houston birth injury lawyer with a strong record of success in this specific area of the law. Ideally, your lawyer will have additional experience specifically as a Houston brain injury lawyer. Note that these lawyers may advertise simply as a “catastrophic injury lawyer” or “medical malpractice attorney” without having the specific experience your case may require.
Access to expert witnesses: Expert witnesses are subject-matter experts that can testify in court about matters that fall in their field of expertise. For example, your Houston birth injury lawyer may request a neurologist or obstetrician to testify about your child’s medical condition or best practices in the birthing process.
An established and positive reputation: Although Mithoff Law strives to relieve their clients of as much of the burden of litigation as possible, the bottom line is that legal processes are rarely easy or brief. It is much better to navigate a settlement or trial with a seasoned legal team you know you can trust from the outset.
Mithoff Law has decades of experience representing Texas families in birth injury cases. Over the years, we have earned a reputation as one of Houston’s most renowned personal injury law firms. The firm has also built a strong network of subject-matter experts who specialize in brain damage and trauma.
We have won many birth brain damage cases, including one landmark case involving claims against a hospital and hospital personnel for negligence during a child’s birth. The doctor in charge of the birth did not respond to an urgent summons during delivery and the baby suffered severe brain damage from lack of oxygen.
Mithoff Law negotiated a settlement for the family prior to trial, including a lump sum payment of $4 million and periodic monthly payments of $7,000 for the life of the injured child, guaranteed for at least 20 years. At the time of the settlement, the value of the future periodic payments was estimated at up to $115 million.
2. Organize your documentation
When possible, begin to collect documentation relevant to your pregnancy and birth. This type of documentation can include:
– Records of previous doctor’s visits
– Medical images related to the pregnancy
– Paperwork regarding the birth, especially paperwork regarding your child’s brain injury
– Notes or images that document symptoms
– Names and contact information of relevant medical personnel
3. Learn as much as you can about your baby’s condition
One of the best things that you can do for your case and for you and your baby’s health is to learn more about their condition. On top of everything else, parents with a baby diagnosed with brain damage are often inundated with a slew of new information, including different types of conditions. We’ve outlined several of these below.
Anoxia/Hypoxia: Both birth anoxia and birth hypoxia are symptoms of birth asphyxia that contribute to brain damage caused by a lack of oxygen. The terms are frequently used interchangeably but have different medical meanings. Anoxia is the absence of oxygen supply to organ tissue, while hypoxia is decreased or reduced oxygen supply to organ tissue. Anoxia and hypoxia can both occur despite adequate blood flow.
Birth asphyxia: Birth asphyxia (also called perinatal asphyxia) occurs when a baby stops breathing during birth. Birth asphyxia can be caused by a long or difficult delivery (especially those in which the baby spends an extended amount of time in the birth canal), issues with the umbilical cord, infection, problems with how the placenta separated from the womb, a lack of oxygen in a mother’s bloodstream, and problems with the anatomy of a baby’s airway.
Cerebral palsy (CP): Cerebral palsy is a condition that affects a child’s ability to control their muscles. There are four main different types of cerebral palsy which vary in severity and symptoms. CP is caused by brain damage to the developing brain, more frequently before or during birth. It can be caused by a lack of oxygen, infection, or physical trauma to the brain. A child may not show symptoms of CP for several months after birth.
Hypoxic ischemic encephalopathy (HIE): Hypoxic ischemic encephalopathy is an umbrella term used to describe neonatal brain injuries caused by either lack of oxygen or blood in the brain. HIEs are considered a type of neonatal encephalopathy.
Neonatal encephalopathy: Neonatal encephalopathy is another umbrella term used to describe neurological issues in newborns. Its scope is not limited to brain injuries caused by a lack of oxygen; it also includes brain injuries caused by infection, hemorrhages, stroke, etc.
Some babies with brain damage may not have a specific condition, but may still suffer from side effects of brain damage, including mental retardation, developmental delay, motor impairment, and other issues with muscle function.
Contact the Houston birth injury lawyers at Mithoff Law
If you are seeking the help of a birth brain injury lawyer, Mithoff law can provide you and your family with the representation they need during this difficult time. Our intentionally small and streamlined firm will work hard on behalf of your child’s future and give your case the focus and attention it deserves.
If your child was diagnosed with a pediatric anoxic brain injury, cerebral palsy, or another type of HIE, put your case in the hands of nationally-recognized birth injury lawyers. Contact Mithoff Law by calling 713-654-1122 today.
Product Liability
Experienced Product Liability Lawyer
As Houston product liability attorneys, we understand that the last thing you expect when you invest in a new product is for that product to harm you. Unfortunately, defects can turn everything from cars to toys to everyday goods into life-threatening hazards.
If you or a loved one have been injured or even killed by a defective device, you need an experienced product liability lawyer to help you. From consumer goods, to vehicles, to industrial equipment, Mithoff Law has extensive experience in investigating and pursuing product liability claims. These claims can involve defects in design, manufacturing, or a failure to warn of potential hazards.
Contact the Houston product liability attorneys at Mithoff Law today at 713-654-1122.
“Since he started practicing in 1974, his cases have helped produce reforms in hospital credentialing of physicians and reporting of physician misconduct; prompted medical manufacturers to pull defective products off the market; led hospitals to improve their use of post-surgical intravenous solutions; and triggered a manufacturer’s recall of defective tires.”
– Super Lawyers, September 15, 2021
Understanding strict liability and defective product claims
In Texas and many other states, product liability claims typically arise under what is known as strict liability, meaning that a product manufacturer can be held liable for injuries caused by a defective product under certain circumstances. These claims can differ from personal injury cases based on negligence.
Typical types of product liability cases in Texas
In order for strict liability to apply, you and your product liability lawyer must prove that a defect was present and that it contributed to your accident. There are three categories of product defects that can be used to establish manufacturer liability in an injury.
- Manufacturing defects: In Texas, a manufacturing defect typically refers to a product that deviates from its specifications in a way that makes the product unreasonably dangerous.
- Design defects: In Texas, a design defect typically refers to a condition of a product that renders it unreasonably dangerous as designed, taking into consideration the utility of the product and risks involved in its use. Generally, for a design defect to exist, there must have been a safer alternative design available that would have significantly reduced the risk of injury, and that was economically and technologically feasible at the time the product left the manufacturer.
- Warnings defects: In Texas, a warnings defect typically refers to a failure to give adequate warnings of a product’s dangers, which were either known or reasonably should have been known to the manufacturer. Product defects can manifest in all types of products, including power tools, automobiles, and medical devices. The experienced Product Liability attorneys at Mithoff Law can help evaluate any potential claims you may have.
The Mithoff Law advantage
Any law firm can bring a claim against a company, but few have a trial-tested track record of success. Richard Mithoff is nationally recognized as a leading product liability lawyer. He and his team have successfully fought against some of the nation’s largest manufacturers to win jury verdicts and settlements for their clients.
We hire knowledgeable experts to assist us in finding the root, system, or systemic cause of the design failure, and have deployed our strategic advantage to great effect, including an agreement that forced a manufacturer to alter an entire product design to protect other consumers.
We keep our team small and lean on purpose, and our clients know that they can rely on the kind of aggressive, attentive service that leaves no stone unturned in crafting a trial-ready case
Get the justice you deserve: Contact the Houston product liability attorneys at Mithoff Law today
If you or a loved one have been injured due to manufacturer negligence, contact an experienced product liability lawyer at Mithoff Law. Working with relevant industry experts, our trial-tested product liability lawyers will help you conduct a proper and thorough investigation to determine liability and build an effective defective product claim.
We are here and ready to provide you the assistance you need. Call us at 713-654-1122.
