Wrongful Death Claims West Texas and San Antonio Injury Lawyers
What is a
In a survival action, the decedent's estate can take over the legal claims of the deceased individual and recover compensation on behalf of the deceased for damages the individual suffered prior to passing away. For example, in addition to recovering compensation for medical bills, out of pocket costs, and funeral expenses, the estate may also recover compensation for the physical pain, suffering, mental anguish and impairment that the decedent suffered before they passed away. If the estate is successful in their survival claim, then the proceeds of the recovery shall be distributed to the heirs of the estate according to the will if there is a will, or according to laws of Texas if there was no will.
The laws involved in wrongful death lawsuits are complicated and vary in each state. During your grieving period, consideration of a wrongful death lawsuit may not seem urgent. In Texas, all wrongful death cases have a statute of limitations, which means a lawsuit must be filed within a specific time period or you risk losing your right to financial compensation. If the wrongful death occurred in a medical setting, you must give written notice to the party at fault within a specified time or you may forfeit your right to later bring a lawsuit. Not every wrongful death case is the same because the circumstances vary from each case. However, the following are the most frequent types of wrongful death cases we handle:
- Medical Malpractice - A hospital should not be but often is a dangerous place. We go to the hospital in our most vulnerable time; our time of greatest need. Trust and surrender are our only choices. When that trust is violated the consequences are often devastating. The medical community has a name for the unnecessary harm that hospital patients often suffer: Never Events. These are injuries that simply should never take place and only do when someone failed to follow the safety rules that apply to hospitals.
- Elderly Care / Nursing Homes - Mistakes are not confined to hospitals or urgent care facilities. Medical negligence is just as, if not more so, evident in elder care facilities as well. Nursing homes residents especially vulnerable to malpractice, as the frailty of many residents require extra care. Something as simple as a broken step and a fall may be catastrophic.
- Vehicle Accidents - Individual drivers can always be held personally liable for the harm they cause from negligent and distracted driving. Additionally, if the driver was driving on behalf of a trucking/transport company, city transit authority, or other employers then you may also hold the employer and/or company liable for the driver's negligent conduct.
- Job Site / Oil Field Injuries - In 2017, OSHA found that out of all the worker fatalities in the private industry in the 2017 fiscal year, 20.7% were in construction — that is, one in five worker deaths last year were in construction. Eliminating the Fatal Four would save 582 workers' lives in America every year.
- Falls (39.2%);
- Struck by Object (8.2%);
- Electrocutions (7.3%);
- Caught-in/between (5.1%)
We know that no amount of money will ever replace your loved one. We will do everything possible to make sure you recieve the most just and fair outcome possible. If applicable, we will also help you pursue punitive damages to punish the wrongdoer. When another individual or business fails to follow basic community safety rules and causes injury or harm to another as a result, then they are responsible for the harm they caused. Our jury system allows for the recovery of damages to repair the harm when it can be repaired, to help with the harms and losses that can be helped, and make up for the harms and losses that can be neither fixed nor helped.
The following are examples of the types of legal damages we seek to recover from the responsible party:
- Property Damage and Out of Pocket Expenses
- Past and Future Medical Expenses
- Past and Future Wage Loss
- Past and Future Pain & Suffering
- Past and Future Mental Anguish
- Past and Future Physical Impairment
- Loss of Consortium and Support of a Loved One
How We Approach
The Kemmys spend a considerable amount of time in the courtroom, and in front of juries. However, going to trial is always be a risk. In recent years, insurance companies and other corporations have spent billions to run a remarkable propaganda campaign against trial lawyers and their clients. They have been so effective that jurors are now often suspicious of injured victims who have hired a trial lawyers. However, we have found that when jurors hear that a legitimate injury was caused by the violation of basic community safety rules, or rules that we all depend on, then they are still usually just and fair with their verdict.
For over 30 years, Tom Kemmy has successfully represented injured individuals and families, as well as injured business owners. Early in Tom's career he was an insurance defense counsel and was hired to defend doctors, nurses and hospitals. Tom's knowledge of the defense side of litigation proves beneficial when representing injured patients today. In recent years, Tom has expanded his practice with the help of his 4 oldest sons. Working together as a team, we offer a unique approach to trial advocacy and are determined to fight for the highest possible compensation due under the law.
322 W Woodlawn Ave
San Antonio, Texas 78212
101 N Jackson Ave,
Odessa, Texas 79761
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