L. Todd Kelly

Attorney Profile

Top Rated Personal Injury Attorney in Austin, TX

The Carlson Law Firm, PC
 | 11606 North IH-35, Austin, TX 78753
Phone: 512-823-2237
Fax: 512-527-0398
Selected to Super Lawyers: 2011 - 2012, 2014 - 2018
Licensed Since: 2002
Practice Areas:
  • Personal Injury - General: Plaintiff (80%),
  • Personal Injury - Medical Malpractice: Plaintiff (20%)
Attorney Profile

L. Todd Kelly is a Trial Lawyer and Partner in The Carlson Law Firm.  Board-Certified in Personal Injury Litigation by the Texas Board of Legal Specialization, Todd represents plaintiffs throughout Texas and the United States in matters involving serious personal injuries and death, sexual assault, human trafficking, trucking collisions, medical negligence, and non-subscriber work-related injuries.  

His successful record of obtaining substantial verdicts and settlements for his clients has led to Mr. Kelly's invitation to become a member of both the Million and the Multi-Million Dollar Advocates Forums, as well as his 2013 induction into the Texas Lawyers Hall of Fame.  Todd believes in civil justice, and the fight for the 7th Amendment Right to Trial by Jury.  He is a member of the American Board of Trial Advocates, a group of lawyers and judges formed around its mission to protect that right.

Todd received his Juris Doctorate from Penn State's Dickinson School of Law as a member of the Woolsack Honor Society in 1995.  Todd is admitted to practice in Texas, Oklahoma, Virginia and Pennsylvania.  He is also admitted to practice before the U.S. District Courts for the Southern, Eastern, and Western Districts of Texas, the U.S. District Court for the Eastern District of Virginia, the U.S. Court of Appeals for the Armed Forces, the U.S. Courts of Appeals for the 4th and 5th Circuits, and the Supreme Court of the United States.

Prior to joining the Carlson Law Firm, PC, in 2012, Todd served as a judge advocate in the U.S. Marine Corps, attaining the rank of Major before his honorable discharge in 1998.  Since that time, he has been in private practice with plaintiff litigation firms in Virginia, Pennsylvania and Texas. Highly regarded by his peers, he is listed in The National Trial Lawyers: Top 100; the National Association of Distinguished Counsel (Top 1% Nationally); and has received an AV Preeminent* rating from Martindale-Hubbell. Frequently asked to share his experiences with others, Mr. Kelly has given lectures on arbitration matters at the University of Delaware and the University of Texas School of Law, and has presented seminars at local and state Trial Lawyer Associations.  He remains active in several professional organizations, including the F-Warriors (serving as the representative of Region 4), the Capitol Area Trial Lawyers Association (serving as the secretary-treasurer), the Texas Trial Lawyers Association (as a member of the board of directors) and the American Association for Justice, among other legal organizations.  Todd is also the director of the advisory committee to the Central Texas office of M.A.D.D.

*AV Preeminent and BV Distinguished are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the bar and the judiciary. Martindale-Hubbell ratings fall into two categories: legal ability and general ethical standards.

 
Practice Areas
Lawyer Practice Area Pie Chart

Personal Injury - General (80%): Animal Bites, Assault, Motor Vehicle Accidents, Personal Injury - Plaintiff, Slip and Fall, Wrongful Death, Dram Shop Laws, Construction Accident, Brain Injury, Sexual Abuse - Plaintiff, Trucking Accidents, Premises Liability - Plaintiff

Personal Injury - Medical Malpractice (20%): Dental Malpractice, Medical Malpractice, Birth Injury, Delayed or Incorrect Diagnosis

Focus Areas

Animal Bites, Assault, Motor Vehicle Accidents, Personal Injury - Plaintiff, Slip and Fall, Wrongful Death, Dram Shop Laws, Construction Accident, Brain Injury, Sexual Abuse - Plaintiff, Trucking Accidents, Premises Liability - Plaintiff, Dental Malpractice, Medical Malpractice, Birth Injury, Delayed or Incorrect Diagnosis

Selections

Selected to Super Lawyers for 7 yearsbottom-image

Super Lawyers: 2011 - 2012, 2014 - 2018

Certificates and Credentials

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To: L. Todd Kelly
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About Todd Kelly

Admitted: 2002, Texas

Professional Webpage: http://www.carlsonattorneys.com/Attorneys/L-T-Kelly.shtml

Honors/Awards:

  • Selected by Texas Monthly, Top Lawyers in Texas, Texas Monthly Magazine, 2018
  • Houston's Top Lawyers, H-Texas Magazine, 2011
  • Rated a "10" by AVVO attorney rating site., Superb Rating, AVVO
  • Nominated by The National Trial Lawyers Association as one of the Nations Top 100 Trial Lawyers, Top 100 Trial Lawyers, The National Trial Lawyers Association, 2012
  • Recognized for Excellence in Personal Injury Litigation in September 2014, Top Attorneys in Texas, Texas Monthly , 2014
  • Selected as Nations Top 1% by the National Association of Distinguished Counsel:  Members are thoroughly vetted by a research team, selected by a blue ribbon panel of attorneys with podium status from independently neutral organizations, and approved by a judicial review board as exhibiting virtue in the practice of law.  Due to the incredible selectivity of the appointment process, only the top one percent of attorneys in the United States are awarded membership in NADC.  This elite class of advocates consists of the finest leaders of the legal profession from across the nation.  , Nations Top 1%, National Association of Distinguished Counsel, 2015
  • Awarded for Graduating in the top 10% of the graduating class., Woolsack Honor Society, The Dickinson School of Law, 1995
  • Houston's Top Lawyers, H-Houston Magazine, 2009
  • Rated a "10" by AVVO attorney rating site., Superb Rating, AVVO, 2011
  • Annual Selection by Texas Monthly, Top Attorneys in Texas, Texas Monthly Magazine, 2011
  • Received AV rating for Ethical Standards and Legal Ability by Martindale Hubbell Attorney Rating Service, AV Peer Review Rating, Martindale Hubbell, 2013
  • Inductee into the Texas Lawyer Hall of Fame, 2013
  • Houston's Best Attorneys, H-Houston Magazine, 2007
  • Houston's Top Lawyers, H-Texas Magazine, 2010
  • Rated a "10" by AVVO attorney rating site., Rating Superb, AVVO, 2010
  • Annual Selection of Attorneys by Texas Monthly, Top Attorneys in Texas, Texas Monthly Magazine, 2012
  • Texas Lawyer Hall of Fame on November 12, 2013 in the category of Intentional Torts. , Texas Lawyer Verdicts Hall of Fame, Texas Lawyer, 2013
  • Featured in The American Lawyer, Corporate Counsel, and the National Law Journal, Top Rated Lawyer in Medical Malpractice, ALM Media, 2015
  • Top Lawyers for the People, H-Houston Magazine, 2005
  • Houston's Best Attorneys, H-Houston Magazine, 2008

Special Licenses/Certifications:

  • Board-Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, 2016

Bar/Professional Activity:

  • U.S. Court of Appeals for the Armed Forces
  • U.S. District Court Eastern District of Virginia
  • U.S. Supreme Court
  • Pennsylvania, 2001
  • Austin Bar Association: Member
  • Virginia, 1995
  • Houston Trial Lawyers Association: Former Member
  • College of the State Bar of Texas, Member, 2014
  • American Board of Trial Advocacy, 2016
  • U.S. District Court Eastern District of Texas
  • U.S. Court of Appeals 5th Circuit
  • Million Dollar Advocates Forum: Lifetime Member, 2004
  • Capital Area Trial Lawyer's Association: Secretary / Treasurer
  • Oklahoma, 2010
  • State Bar of Texas: Former Member
  • National Association of Distinguished Counsel, 2015
  • Texas Trial Lawyers Association: Executive Committee Member
  • U.S. District Court Southern District of Texas
  • U.S. Court of Appeals 4th Circuit
  • F-Warriors: Regional Representative and Board Member
  • Texas, 2002
  • Fort Bend County Bar Association: Former Member
  • Multi-Million Dollar Advocate's Forum: Lifetime Member, 2005
  • American Association of Justice: Member

Pro bono/Community Service:

  • Pro Bono College of the State of Texas, 2005
  • Served as the Director of the advisory board to the Austin Area Chapter of Mothers Against Drunk Driving. , 2018
  • Served as a mentor for teens who have been involved in the juvenile justice system and are involved in RESET, a group of mentors trying to help then get a fresh start.  Organized a group of lawyers and staff in assisting with the construction of the new home for this purpose. , 2018
  • Carlson Cares Project:  Worked on hanging sheetrock and other projects at the Reset Mentoring home - a project for children who have been in the juvenile justice system to get a new start.  This home will serve as a launching place for those coming out of detention centers., 2018
  • Pro Bono College of the State of Texas, 2006

Scholarly Lectures/Writings:

  • I spoke to the University of Texas law students on the issues of mandatory, pre-dispute, binding arbitration.  The speech is available on the "in the news" tab at my web-site listed above., Keynote Speaker, Fairness in Arbitration, University of Texas, Law School, 2009
  • Spoke with Jamie Leigh Jones on the issues surrounding arbitration as an invited panel member at the 2010 NELA Conference., Panel Speaker, Arbitration, National Employment Lawyers Association, 2010
  • Spoke to members of the Texas Trial Lawyers' Association on the issues of using bench briefs in car wreck cases during trial.  This was a presentation given at the TTLA Car Wreck Seminar in Dallas, Texas on October 10, 2014. , Speaker, Using Bench Briefs in Car Wreck Cases, TTLA, Texas Trial Lawyers, 2014
  • Presentation about presenting "intangible" damages to a jury to a local trial lawyers' association: including pain, emotional damages, loss of use and disfigurement, as well as ways to turn the "intangible" into the tangible., Speaker, Intangible Damages, Permian Basin Trial Lawyers' Association, 2015
  • Presentation on "intangible" damages to the local Bryan/College Station Trial Lawyers' Association: Includes damages on pain, emotional suffering, loss of use and disfigurement, as well as ways to turn the "intangible" into the tangible.  , Speaker, Intangible Damages, Texas Trial Lawyers, 2016
  • Presented to the Houston Car Wrecks Seminar sponsored by TTLA on the topic of proving causation when Plaintiffs have pre-existing injuries.  , Speaker, Proving Causation with Pre-Existing Injuries, Texas Trial Lawyers, 2017
  • - Spoke on proving causation to the TTLA Car Wrecks Seminar in McAllen, TX in September, 2017, Speaker, Proving Causation, Texas Trial Lawyers' Association, 2017
  • Spoke on Intangible Damages to the Capital Area Trial Lawyers' Association for the monthly CLE presentation., Speaker, Capitol Area Trial Lawyers Association, CATLA, 2017
  • Trial Advocacy College of Texas (TACT) Instructor, Staff Instructor, Texas Trial Lawyers, 2016

Verdicts/Settlements:

  • Bradley Grant v. Parsons Roofing, Inc:  Settlement of $310,000 for a man who fell through a hole left in the roofing and concealed by waterproofing material.  Broke his hip and required surgery.  Unable to work until the settlement permitted him to retrain to another position. , 2014
  • Delozier v. NL Austin MHP, Inc., et al.  $140,000 Settlement just prior to closing arguments for a victim of a dog attack against a mobile home park that failed to enforce its breed restriction rules, and permitting the fence to become in disrepair.  , 2018
  • M.L. v. Burrus Trucking and Vondell Elliott:  VERDICT of $410,200 for a back seat passenger of a vehicle, injured when the 18-Wheeler cut into the lane his vehicle was traveling.  Pretrial offer had been $1,500.  , 2016
  • Thompson v. Matthews:  Settlement for $100,000 policy limits in this vehicle v. pedestrian wrongful death case. , 2018
  • Vick v. Jireh Home, et al. Verdict in Fort Bend County, Texas for $1,500,000 for the wrongful death of an autistic man by asphyxiation when the caretakers used improper restraining techniques., 2008
  • Verdict of $345,000 (including $150,000 in Exemplary Damages).  In the 199th District Court of Collin County, Texas.  Verdict for a 9 1/2 year old girl who had an adult tooth extracted instead of her baby tooth when the dentist failed to obtain adequate X-rays before pulling the teeth. , 2015
  • Crawford v. Loomis Armored, LLC et al:  $846,000 verdict for a car wreck victim hit from behind by a Loomis Armored Car driver who was distracted by eating while driving.  Verdict included $5,000 in punitive damages against the individual driver after a final pre-trial settlement offer of $350,000., 2016
  • Fletcher v. Lowery.  $600,000 settlement in a slip and fall case at a homeowner's property resulting in a torn meniscus and broken ankle that developed into Chronic Regional Pain Syndrome.  Homeowner had covered cracked and uneven pavers with a bar mat at his converted garage dubbed "The Shack," concealing the uneven surface below.  $100,000 policy was demanded and rejected, invoking the Stowers Doctrine.  Mediated settlement after discovery.  , 2015
  • Jeffrey Martinez, et. al. v. Chris Riley, et al.  -  $500,000 policy limits settlement for 7 passengers in a boat that was hit by a drunk boater on Lake Austin over the 4th of July weekend in 2015.  , 2017
  • Collier v. Claires Boutique:  $350,000 mediated settlement for a slip and fall case outside a Claire's Boutique.  Case involved prior injuries and subsequent falls, complicating recovery. , 2016
  • Gable v. Killeen I.S.D. - Mediated settlement for $225,000 for a girl and her family who was sexually harrassed and assaulted by classmates and whose complaints to the school official went ignored.  Then her family was placed under CPS investigation (cleared) and she was then erroneously charged with a felony (cleared) in retaliation by the school officials., 2017
  • Rios v. Newstrom: Verdict in Travis County, Texas for a woman injured in a vehicle collision.  Verdict was seven times the last offer before trial. , 2014
  • Bennett v. Bauer: $241,000.00 Presuit settlement for a dog bite victim in Williamson County, Texas.   Plaintiff was jogging in his neighborhood when a neighbor's pit bull attacked and pit him, causing injuries to his lower torso., 2016
  • Katz v. Villareal: Settlement of just over $440,000 for a family of 4 injured by a drunk driver in Williamson County, Texas, 2018
  • Luna v. Weddington et al. Verdict for $2,200,000 in a medical malpractice, failure to diagnose case in Harris County, Texas., 2010
  • Jones v. Hillis, Sokolnik, et al.  $575,000 settlement for a Travis County mail carrier involved in two motor vehicle collisions with significant pre-existing injury and prior surgery to the injured areas.  , 2014
  • Zobeida Rivera-Roan v. Greater Austin Transportation Company (Yellow Cab):  $399,999.00 Settlement for the wrongful death of a 72-year old woman hit in a crosswalk and killed by a Yellow Cab Driver in Austin, Texas.  GATC claimed independent contractor of driver and argued limited coverage of $100,000.  Case resolved after mediation.  , 2016
  • Herrera v. Austin Cab Co and Sherman Wilkins:  $1,020,000.00 Jury Verdict for a stabbing victim after a cab company put a driver behind the wheel with a history of aggravated robbery with a deadly weapon, robbery, and larceny.  The driver was later seen on video using the victim's credit cards and had swiped the card six times on his Square device for $149.50 each -the amount he tried to charge the victim, thinking his intoxication level would prevent him from noticing., 2018
  • $16,900,000 verdict for a mentally retarded Down's syndrome client in (Case No. 10CV4133, Marta Cruz as next friend of Marta Liza Grimaldo v. Gabriel Baraka Mwancha, Virginia Onuorah, Chinwendu Judith Onuorah, Vickie Armstrong, St. Jude’s Home, Inc., and St. Jude’s Day Services, 405th District Court of Galveston County, Texas).  , 2012
  • Camese v. Harden Healthcare:  Arbitrated award for an employee injured lifting a patient when the nursing home failed to have adequate equipment (Hoyer lifts).  Awarded 194,601.29 after contested arbitration. , 2016
  • Asay v. The Ranch, LLC and Bob Woody.  Unanimous Verdict for man injured by a falling Longhorn Head in the amount of $589,923.66.   , 2014
  • Rebecca Brown v. Paul Thomas Brown:  Defendant hit the Plaintiff, who was riding her bicycle and ran over the Plaintiff's foot while leaving a restaurant on Barton Springs Road in Austin.  Settled for Policy Limits after negotiations., 2014
  • Riojas v. Pickering: Settlement in Excess of policy limits following a Stowers demand and mediation for a DWI defendant who caused the client's injuries, 2014
  • --Confidential settlement for a man who was drugged and raped by a co-worker who had called him to his house to discuss the projects that were set out for the next day., 2017
  • Thomas v. Motel 6: Settlement for a woman who was assaulted when the motel desk clerk gave a key to her assailant, a man who was not registered to be in that room.  , 2016
  • Jazmine Powell v. STS Trucking:  six-figure settlement for a girl who rear-ended a parked semi when the semi was sticking out into the lane of traffic and the driver of the truck failed to set out cones and flares as required by the NHTSA and trucking regulations in Texas, 2014
  • George White (Dec) v. United States:  $200,000 settlement for the wrongful death of an elderly veteran who contracted Legionnaires disease from the water at Darnall VA Medical Center. , 2018
  • Luther Evans and Jaida Evans as next friends of J.E., a Minor v. The United States of America:  $325,000 mediated Settlement for a minor child who suffered an Erb's Palsy following a shoulder dystocia during a delivery by a midwife at Darnall Army Medical Center.  The U.S.A. had filed a motion to dismiss under the "emergency medicine" doctrine of Ch. 74 of the Texas CPRC at the time of mediation., 2016
  • DeLozier v. NL Austin MHP, LLC et al.:  $125,000.00 Settlement just prior to closing arguments for a man attacked by a German Shepherd mix dog in his own backyard.  The dogs had escaped through a dilapidated fence maintained by the Mobile Home Park owners.  Last pre-trial offer had been $35,000.  Case settled just prior to closing arguments., 2018
  • Hernandez v. Fiesta Mart: $80,000 for a man who slipped on unseen water near a flower display on February 12th (two days before Valentines Day).  He had recovered from his injuries, but lost significant income during the treatment period.  Case resolved after an unsuccessful mediation., 2014
  • Brooks v. Casteneda: $130,000 for a woman who fell down the stairs in her daughter's apartment.  The railing broke loose and she fell to the bottom.  Daughter had complained about the loose railing less than a month prior.  Maintenance personnel had "repaired" the railing by securing it to sheetrock., 2014
  • Daniels v. Katy Martial Arts & Fitness, et al.  Verdict of $800,000 for a 14-year old student of Brazilian Jiu-Jitsu who was in his third day of classes when the Sensei instructed another student to "Choke Him Out." Loss of Consciousness resulted in about $6,000 of medical bills with no permanent damage.  Jury awarded $550,000 in punitive damages against the school and the Sensei.  Last pre-trial offer was $10,000., 2015
  • Harrison v. Amigon Trucking, et al.  Cause No. 2015-10013 in the 270th Judicial District Court, Harris County, Texas:  $1,000,000 policy limits settlement for a UPS driver who suffered a traumatic brain injury when an 18-wheeler attempted to pass on the left as he was making a left turn.  , 2017
  • Estate of Kylar Cole Johnson, et al v. Manuel "Manny" Garcia, et al;  $5,015,000 Verdict for the family of a 4 year old boy mauled to death by a pit bull.  Verdict included $3,000,000 in punitive damages. , 2018

Representative Clients:

  • Jamie Leigh Jones v. Halliburton, et al.First case reported to have defeated Halliburton's oppressive, binding, mandatory, pre-dispute, confidential arbitration clause.  Cited by numerous members of Congress as the reason for doing away with such provisions in arbitration.  Upheld on appeal at the 5th Circuit, and currently pending a decision regarding en banc review.

Other Outstanding Achievements:

  • Member of the Million Dollar Advocate's Forum and the Multi-Million Dollar Advocate's Forum. , 2006
  • Inducted into the Texas Lawyers' Verdicts Hall of Fame, 2013

Educational Background:

  • Naval Justice School - with honors, 1995
  • The University of Texas, Bachelor of Journalism, May, 1987
  • Gerry Spence's Trial Lawyers' College, 2009

Industry Groups

  • American Association For Justice
  • AMERICAN BOARD OF TRIAL ADVOCATES
  • Capitol Area Trial Lawyers' Association
  • F-Warriors
  • Houston Trial Lawyers’ Association
  • Multi-Million Dollar Advocate’s Forum
  • Texas Trial Lawyers' Association
Office Location for L. Todd Kelly

11606 North IH-35
Austin, TX 78753

Phone: 512-823-2237

Fax: 512-527-0398

L. Todd Kelly:

Last Updated: 12/7/2018

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