San Antonio and West Texas Personal Injury Lawyers
Violating the Rules of Road
Leads to Unnecessary Injury
Millions of Americans are injured in easily preventable car wrecks every year. Car wrecks don’t just happen. They are the result of drivers violating basic, fundamental safety rules that all drivers must follow – because crashing into another car has the potential to destroy life and health in the blink of an eye.
For example, if you are rear-ended by a texting driver, or an 18-wheeler, you might lose your healthy back and instead take on a permanent spinal injury that requires surgery or medication to control pain. Beyond the physical injuries, car wrecks also cause staggering economic losses. The costs of your past and future medical bills quickly add up, and many people lose income while recuperating. Some lose income permanently. Added to these pocketbook issues is often chronic pain and impairment and, generally, the loss of well-being.
Thankfully, the law is a source of recovery to those injured on our roadways. The Kemmy lawyers are experts in the law that applies to car crashes and 18-wheeler wrecks. We use a team approach to ensure that each harm and loss our clients sustain is accounted for and compensated.
Filing an Insurance Claim for Injuries
Insurance companies make the claims process a nightmare for the injured individual. Some insurance companies will immediately seek your statement without a lawyer and ask misleading questions designed to ruin any personal injury claim you would make. Or they dig through your entire medical history looking for any previous injuries no matter how small or minor to deny your claim. If you do have records that show you are injured, they accuse you of making up or exaggerating symptoms. Whatever the tactic, they will do they can to frustrate you into settling for less than full and fair compensation.
If you are seeking medical treatment because of a car crash or 18-wheeler wreck, seek legal advice as well. Hiring an experienced injury lawyer is necessary to successfully navigate this process. At the Kemmy Firm, we offer free consultations, and our clients do not pay unless we win. Even though most car wreck cases are settled outside the courtroom, there is always a chance that, in order to obtain full and fair compensation, your case may need to go to trial. The Kemmy Firm has the experience to handle your case from start to finish.
Texas law requires all State drivers to have minimum liability insurance coverage, which only covers up to $25,000 for property damage; only $30,000 per person for bodily injuries; and a maximum of $60,000 for injuries for the entire accident. This is the basic legal requirement for all Texas drivers, which is not much. However, every policy is different and it is not uncommon for drivers to have larger insurance policies.
It is also not uncommon for an individual to be hit by a driver who a) does not have insurance, or b) does not have enough insurance to cover all of the resulting injuries and damages. For example, the Texas OLV system, TexasSure, posted data showing that as of August 29, 2016, 13.61 percent of all vehicles in the State were uninsured! This is where Underinsured/Uninsured Insurance (UM/UIM) comes into play.
At the costs of higher premiums, many individuals elect to purchase Uninsured/Underinsured Insurance (UM/UIM). Most UM/UIM insurance policies will provide insurance protection for bodily injuries in the range of $30,000 to $500,000, depending on the premiums paid. Unfortunately, filing an injury claim with your own insurance company is more difficult than it should be, even when it is only to recover the benefits that you paid for, and that were promised to you. The Texas Supreme Court has come out with recent case law that overly protects insurance companies by limiting the rights of injured claimants. Many times, filing a lawsuit is necessary in order to recover the benefits of your own UM/UIM insurance.
In exchange for higher premiums, individuals can also elect to have PIP insurance. PIP stands for personal injury protection, and it is an extension of your car insurance that will cover medical expenses and, in many cases, lost wages—no matter who was at fault for the collision. PIP coverage usually ranges from $2,500 to $10,000 depending on the premiums paid.
Property damage claims are separate from bodily injury claims. If your car was damaged in a car collision, you should be entitled to reimbursement for the repair costs, or the fair market value of the vehicle if was deemed a total loss. We do not collect attorney fees for recovering your property damage. Call 210-735-2233 for more information.
When another driver fails to follow the basic rules of the road, and causes physical injury to another that individual is responsible for the harm. Our jury system allows for the recovery of damages to repair the harm when it can be repaired, and help and support the injured victim as they try to cope with loss of health or loss of the life and support of a loved one. 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
How Our Approach to Trial
Advocacy Serves Our Clients
Trial is often daunting for the injured plaintiff. In the past three decades, insurance companies and big corporate interests have spent billions on a remarkable propaganda campaign against injured people and the lawyers that represent them. This campaign has been so effective that across the country jurors view personal injury cases, and the lawyers who bring them, with suspicion or even hostility.
However, at the Kemmy Firm, our decades of trial experience have proven that when we show juries that a violation of basic community safety rules has caused unnecessary harm to a person in their community, the jury will often respond with a just and fair verdict. That is why, even though most cases settle, we develop each case as if it will go to trial. We work to uncover the full story: what safety rules were broken? By whom? And how was the client harmed as a result?
Our team has decades of trial experience. For over 30 years, Tom Kemmy has successfully represented injured individuals and families who have lost life and limb, as well as small business owners cheated out of money. He is a board-certified trial lawyer. Nicholas Kemmy and Jacob Kemmy are former prosecutors for Bexar County and have tried dozens of cases to juries. Ben Kemmy has first-chaired civil jury trials across Texas: from Houston to San Antonio, from Dallas to Brownsville. Danny Kemmy has done trial work from the time he became licensed, including giving the opening statement and participating in a two-week trial that resulted in a 14-million-dollar verdict.
We believe our successes over the years are the result of our collective experience – and our team approach that prepares each case for trial even if it is likely to settle.
322 W Woodlawn Ave
San Antonio, Texas 78212
Phone: (210) 735-2233
Fax: (210) 736-9025