Traumatic Brain Injury Attorneys in Odessa, TX

A traumatic brain injury can impact you and your family for the rest of your life.

You deserve to know what to expect and how to recover if you or a loved one suffered a brain injury because of someone’s negligence. Speak to a skilled Odessa personal injury lawyer with experience helping clients dealing with severe brain injuries.

Schedule a free consultation to discuss a brain injury case.

Catastrophic Accidents | Kemmy Law Firm

Catastrophic Accidents & Injuries

Why Choose Kemmy Law Firm?

5 Decades of Experience

Our family of attorneys at Kemmy Law Firm has more than 50 years of combined experience working with clients coping with TBI and other head injuries. Thomas Kemmy, who built the firm to fight for people like you, is an award-winning and Board-Certified personal injury trial lawyer. His dedication to injury victims and families inspired his children to become attorneys and help in situations like yours.

Personalized Service

We treat clients like family. We love our work and offer the resources you need to make sure your long-term needs are met.

We value quality service over quantity. Our firm limits the number of cases we take because each client deserves our attention.

We place your interest before our own and guide you with compassion and understanding. We want you to make informed decisions, and we’ll be clear in our communications with you.

Excellent Results

Hear Brianna’s Story

We fight hard for every penny our clients deserve. We know that winning maximum compensation makes the difference in securing the healthcare and rehabilitation they need to move forward in life.

We’ve recovered millions of dollars for clients across the Permian Basin. We know your recovery isn’t just about money. But we help with your family’s needs and work closely with you to get you through this challenging part of your life.

Schedule a free consultation - no fees unless we win or settle your case.

(432) 400-0000

We Handle All Types of Brain Injury Cases

If you or a loved one suffer from a brain injury after an accident, consult a serious injury lawyer now. The sooner you’re represented, the better. We can start by investigating the accident, finding out who’s liable, and pursuing compensation.

We have experience with cases involving all types of brain injuries, including primary and secondary injuries. It’s common for a primary brain injury, like a TBI from a car accident, to be followed by secondary injuries, such as brain swelling or bleeding. When calculating the value of your claim, we account for everything.


A concussion is a minor TBI. It should result in a swift recovery, and you should be able to handle this insurance claim yourself. But if there’s any significant effect on your life, such as if prior concussions or TBI compound your current injury, call our office.

Post-Concussion Syndrome

Post-concussion syndrome lasts weeks to months after a head injury. Symptoms include:

  • Headache
  • Dizziness
  • Sleep disruption
  • Psychological impacts like depression, irritability, anxiety
  • Cognitive issues involving memory, concentration, and thinking

If you continue to struggle with concussion symptoms, go back to your doctor. If you receive a post-concussion syndrome diagnosis, your next call should be to a traumatic brain injury lawyer.

Traumatic Brain Injuries

Trauma to the head causes TBIs. The trauma could be:

  • Violent shaking due to the force of an accident
  • An object striking the head directly

TBIs can be open or closed brain injuries. If the trauma doesn’t penetrate the skull, it’s a closed injury. If the trauma penetrates the skull, it’s open. It’s also called a penetrating brain injury when an object pierces the brain.

Diffuse Axonal Injury

A DAI is the shearing of the brain’s axons – the long nerve fibers. This happens when the brain shifts and rotates in the skill. It often puts the victim in a coma.

Acquired Brain Injury

An acquired brain injury happens after birth and isn’t congenital. There are many types of ABI, some of which are traumatic, and others are non-traumatic. For instance, a TBI is an ABI.

Other ABIs are caused by:

  • Exposure to toxic chemicals
  • Infections
  • Strokes
  • Internal bleeding
  • Lack of oxygen
  • Near-drowning

Skull Fracture

A skull fracture is any break in the cranial bone caused by an impact or a blow to the head. The fracture depends on the force of the blow, the location of the impact, and the shape of the object hitting the skull.

Brain Bleeding

A hemorrhage is a stroke caused by an artery in the brain bursting and bleeding in the surrounding tissues. This bleeding kills brain cells.

Brain Swelling

Swelling, or edema, is a natural result of trauma, and it can cause serious injuries or death. The skull allows little room for the brain to swell, and brain cells can die if too much swelling occurs.

Brain Damage

The destruction or deterioration of brain cells is known as brain damage. A mild brain injury may cause temporary harm. Symptoms of a moderate injury can last longer and be more pronounced. But a person with severe head trauma may suffer life-changing and debilitating problems.

Brain Injury Symptoms

You may experience symptoms right after the accident, or they may take days to develop.

The symptoms of moderate to severe brain injury include:

  • Passing out for several minutes to hours
  • Persistent headache or one that worsens over time
  • Repeated vomiting or nausea
  • Convulsions or seizures
  • One or both pupils of the eyes are dilated
  • Clear fluids draining from the nose or ears
  • Inability to wake up after sleeping
  • Weakness or numbness in fingers and toes
  • Lost coordination
  • Profound confusion
  • Agitation or combativeness
  • Slurred speech
  • Coma or other consciousness disorders

If you or a loved one experiences any of these symptoms, seek medical help. You can go to Signature Care Emergency Center, Odessa Regional Medical Center, Excel ER Odessa, WesTex Urgent Care, or any other immediate care or emergency facility in the Odessa area.

Medical Center Hospital in Odessa and Midland Memorial Hospital are Level III Trauma Centers in the Permian Basin. Odessa Regional Medical Center is a Level IV trauma facility.

How Doctors Diagnose a Brain Injury

Diagnosing a brain injury requires a thorough physical examination and diagnostic tests. Your doctor might choose to perform X-rays, CT scans, and MRIs. However, not all brain injuries show up on these tests. That doesn’t make them any less real and serious.

A doctor will ask questions about how the injury happened and whether you lost consciousness, and for how long. They’ll ask you various questions to look for any speak issues, such as delays, slurring, or using the wrong words.

There are levels of TBI: mild, moderate, and severe. Doctors have various scales they use to determine the TBI level. The Glasgow Coma Scale requires a doctor to rate your eye-opening, verbal, and motor responses between one and four, five, or six points, respectively. The higher the points, the better. The lower the powers, the more severe the TBI.

The more severe a TBI, the more likely you or your loved one will suffer life-long consequences. Severe TBIs also can result in a coma, vegetative state, or death.

Getting the correct diagnosis can take time and become expensive. We recommend keeping copies of all your medical records and bills. This helps us calculate the value of your brain injury claim.

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Brain Injuries Happen Across Odessa

A TBI injury can happen in all sorts of situations. We’ve represented individuals hurt in:

We highly recommend calling a lawyer with experience in the type of accident you suffered. The law that applies differs from one type of accident to the next. Your or your loved one’s case might fall under Texas personal injury, medical malpractice, premises liability, product liability, or workplace health and safety law. Kemmy Law Firm can help with all these areas of law.

Don’t try to represent yourself. Each accident is unique with its contributing factors and severity. These aren’t “cookie-cutter” cases where you’ll be served well by “fill in the blank” documents, forms, and letters. We provide personalized attention to our clients, their cases, and the outcomes they need.

Negligence Causes Brain Injuries

Someone else might be responsible for a brain injury if they were negligent and caused the accident.

Negligence is a failure to uphold a duty of care, which causes someone else harm. You’re probably wondering what a duty of care is. It’s a legal term for having a responsibility to behave a certain way.

People and businesses must follow different duties of care depending on the circumstances and the law. Everyone has to follow the ordinary duty of care, which means they have to be reasonably careful and avoid hurting others.

To win compensation for a brain injury, you have to prove the four elements of negligence:

  • The other party owed you a duty of care
  • The other party breached its duty of care
  • The other party’s actions caused an accident
  • You suffered an injury in the accident

Win compensation for a brain injury.

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Our Brain Injury Lawyers Will Find Who’s Liable

To bring a successful brain injury claim, you have to know who caused the accident and who is liable for compensating you. That could be the same party, or it could be two different people or businesses.

To investigate, we review:

  • Police reports
  • Any government agency report
  • Photos
  • Nearby security camera footage
  • Witness statements

If necessary, we hire an accident reconstruction expert to create a 2D or 3D model of the accident. These experts may be able to calculate essential facts, like the direction or speed of a vehicle.

Based on what we find out and how the law applies to your case, we decide who was negligent. Next, we contact that party to make them aware of our findings. Typically, they get their insurance company or attorney involved.

The party or insurance company might deny liability. We’re prepared for that. If negotiations and providing further evidence don’t change their position, we go to court and fight to hold them accountable.

Brain Injury Compensation

A brain injury victim can demand compensation for:

Compensation Depends on the Full Effects of a TBI

Sometimes the full effect of a brain injury isn’t apparent right away. That’s why you mustn’t accept the first settlement offer or one made within weeks of the injury. It’s best to hire a lawyer and then wait to see how your recovery progresses.

It takes time to understand all the consequences of a brain injury, including whether you will have:

  • A long-term or permanent physical disability
  • Long-term or permanent speech difficulties
  • A loss of any of your senses, such as hearing, sight, or smell
  • Ongoing pain and discomfort, such as headaches or migraines
  • Long-term cognitive issues that impact your ability to go through school or work

You need more time to understand what type of medical care you’ll need in the future and what it’ll cost. You or your loved one might need various forms of rehabilitation from Encompass Health, a Rehabilitation Hospital in Odessa. That can take months or even years of work. Your loved one may need continuous care at home or a facility.

Living with & Moving on After a TBI

Any settlement you accept should cover the cost of future medical bills.

You also have to consider your or your loved one’s future income. Can you return to work? Will you have to find a different job with lower wages? This determines our calculations for lost income and reduced earning capacity.

Brain injuries often impact the victim’s mental health. It can take months to understand whether you or a loved one will need treatment for depression, PTSD, sleep disorders, or other conditions. This is another factor among many that impact the value of your claim.

Accepting the first settlement offer can mean receiving far less than you deserve, and it’s something you can’t undo.


When you put clients first, they notice.

They fought for us as if they were fighting for their own family.


If you’re looking for a law firm, where you’re not just another client. I can say from personal experience, you have found the right place at The Kemmy Law Firm. Everyone there always treated us amazingly. Not at any time were we in the dark, not knowing what was going on. Either Tom, Nick or Melissa would give us updates often on the case and explain to us the next steps. Which this made us feel like we were the only case they had. They fought for us as if they were fighting for their own family. They were compassionate about making sure we were going to be all right during the case as well as the years after the case. We are so thankful we found the Kemmy Law Firm and you will be too. Thank you Tom, Nick, and Melissa and everyone at The Kemmy Law Firm.

  Stacey Mitchell   |   07.19.2019   |   See All Reviews

Fatal Brain Injuries in Odessa, TX

Brain injuries can be fatal. Your loved one might never regain consciousness and pass away shortly after the accident. They might live in a vegetative state or suffer severe brain injuries and pass away some time later. They might succumb to complications or infections due to the accident, not directly by the brain injury itself.

As the next of kin, you might be able to pursue compensation through a wrongful death lawsuit. This could be a way to recover the costs associated with your relative’s medical care, funeral expenses, and pain and suffering. If the other party’s negligence was extreme enough, you might be able to demand punitive damages, which punish the party and deter others from acting the same way.

Our Lawyers Maximize Your Compensation

When an injury attorney with trial experience represents you, the insurance company knows you’re serious and won’t tolerate playing games. You also can rest assured that an experienced brain injury lawyer knows how to calculate the value of your claim fairly. We take every little detail into account and negotiate aggressively to win the maximum compensation possible.

Most cases are resolved out of court. That doesn’t mean we don’t prepare for trial. We know how to use the evidence in your favor and create a story a jury responds to. If an insurance company refuses to settle for a fair amount, we aren’t afraid to trial.

Texas Statute of Limitations

There is a deadline for how long you have to file a lawsuit. In Texas, you typically have two years from the date of the accident. If you miss that deadline, you might not be able to win compensation. Call a brain injury attorney right away to avoid that possibility.

Our Verdicts and Settlements
Speak for Themselves
New Mexico Oil Field Worker Suffers Back Injury

We obtained a $2 Million settlement for a New Mexico Oil Field worker.

18-Wheeler Parks on Side of Road and Causes Catastrophic Injury

We recovered a confidential 7 figure settlement (in the millions) for a West Texas family man.

Child Suffers Closed Head Injury at Amusement Park

The Kemmy lawyers secured a $2.3 Million settlement.

Permanent Brain Injury

The Kemmy firm secured an $8 Million settlement on behalf of a client who suffered a brain injury when basic safety rules were violated.


Ready To Call an Brain Injury Lawyer?

The Kemmy Law Firm has an impressive record of obtaining substantial verdicts and settlements for clients in Odessa and across the Permian Basin. When insurance companies don’t cooperate – we have the skill and resources to bring any case to trial and win.

We’ll explain your options, your next steps, and how to fight for everything you’re entitled to by law.

There’s no risk because we only get paid when your recover compensation.

If you or a loved one is suffering from a brain injury caused by negligence, give our family of trial attorneys a call.

(432) 400-0000
Personal Injury Attorneys & Trial Lawyers Let Our Family Protect Yours

Contact Kemmy Law Firm Today

(432) 400-0000 ONLINE FORM

Get a free consultation. We do not charge up-front fees, and you owe nothing unless you recover compensation.

When you work with us at Kemmy Law Firm, you are working with a family run firm with more than 50 years of combined experience. We are dedicated and successful trial attorneys practicing in West TX, Hobbs, NM, Midland-Odessa, and across the Permian Basin. Our team handles everything from catastrophic injury claims to complex business matters. We are here to fight for you. We dedicate our time and attention to your case and use every resource available to maximize your claim and obtain the best possible outcome.