San Antonio Personal Injury Lawyers Car, Trucking, and Motorcycle Accidents

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Why All Drivers Must Follow The Rules of The Road

Accidents don’t just happen. They are the result of someone violating basic, but fundamental safety rules. All drivers must adhere and follow the follow the rules of the road, because a car accident has the potential to destroy someone's  life in a blink of an eye. Millions of individuals are injured in an accident every year, even though the majority of wrecks are easily preventable. Even through simple carelessness, someone can go from having a normal and healthy lifestyle to not even having the ability to walk or earn a living anymore. 

Beyond the physical injuries, car wrecks also cause staggering economic losses. The costs of an injured individual’s past and future medical treatment quickly adds up. If lost wages are also a factor, then the economic damages can reach the hundreds and hundreds of thousands of dollars. Obtaining reimbursement for your past and future medical debt and other economic losses is essential to your overall recovery and well being, which is why our firm prioritizes theses losses in car and truck accident cases.

Negotiating with the Insurance Company

Making sure you hire an attorney who is experienced in dealing with insurance companies is imperative to the success of your claim. Often times, the insurance companies make the claims process a nightmare for the injured individual in the hopes of paying less on a claim. For example, some insurance companies will immediately ask for your recorded statement days or even hours after an incident, or they will dig through your entire medical history looking for any previous injuries no matter how small or minor, and they almost always delay the claim's process as long as possible in order to frustrate the claimant into accepting a lesser settlement. 

Even though most car wreck cases are settled outside outside the courtroom, there is always a likelihood that your case may go to trial in order to obtain an adequate recovery. With Tom Kemmy having over 30 years of experience in personal injury, and with the help of his attorney sons, the Kemmy law firm has the ability to provide excellent representation for injured individuals, both in and out of the courtroom setting.

Different Types of Insurance Claims:

Third Party Liability

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.

First Party, Uninsured/Underinsured Motorist Claim

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.

Personal Injury Protection / Med Pay

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

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.

Recovering Compensation For Your Harms and Losses

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

Our Approach To Trial Advocacy

The Kemmys spend a considerable amount of time in the courtroom, and in front of juries. However, going to trial can 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 lawyer to hold the wrongdoer accountable. However, with the right approach, we have found that when jurors actually hear about a legitimate injury caused by the violation of basic safety rules that we all depend on, they are fair and just with their verdict.

Tom Kemmy has spent more than 30 years successfully representing injured individuals and families, injured  patients, and 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. We are determined to fight for the highest possible compensation due under the law.