Houston, Texas Court Awards $504,000 in Legal Malpractice
One driver's daughter died in a car accident. The plaintiff hired an attorney to represent her in a wrongful death case against the truck driver and trucking company. The case settled for $250,000. The attorney did not give the plaintiff the full amount she was owed. The plaintiff sued the attorney for malpractice. The court found the attorney deceived the plaintiff and awarded her the remaining settlement amount plus exemplary damages.
Case Information Updated: October 2025
Case Outcome
- Outcome
- Settlement
- Amount
- $504,000
- County
- Harris County, TX
- Resolved
- 2016
Injury & Accident Details
- Injury Type
- Wrongful Death
- Accident Type
- Other
- Case Type
- Legal Malpractice, Wrongful death, Business negligence, Legal malpractice
Case Overview
A plaintiff pursued a legal malpractice claim against an attorney and law firm who represented her in a wrongful death action after her daughter died in a motor vehicle accident on July 14, 2010. The attorney appeared at the plaintiff's home days after the accident and entered into a representation contract for a wrongful death case against the truck driver and trucking company involved. In July 2011, the attorney represented the plaintiff at mediation, which resulted in a $250,000 settlement. After costs and fees, the plaintiff was entitled to $166,666 from the settlement. However, the attorney only provided $82,000 to the plaintiff and never forwarded the remaining balance.
The plaintiff subsequently filed a legal malpractice lawsuit, alleging fraud, breach of fiduciary duty, negligent misrepresentation, and deceptive trade practices against the attorney and law firm. The plaintiff sought to recover the unpaid portion of the settlement funds.
The defendant attorney and firm failed to answer the plaintiff's complaint. The court found clear and convincing evidence that the defendant had deceived the plaintiff and was therefore not entitled to any fees or costs from the initial settlement. The court awarded the plaintiff $168,000, representing the full $250,000 settlement minus the $82,000 already received. Additionally, the court awarded $336,000 in exemplary damages, resulting in a total judgment of $504,000 for the plaintiff in Houston, Texas.
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