We have a saying that goes "When you hire the Kemmy Law Firm, you don't just hire one lawyer, you hire a team of lawyers." Tom Kemmy is an award-winning and board certified personal injury lawyer who has been practicing injury law since 1986. His sons are experienced personal injury lawyers and former prosecutors that represented the State of Texas against murderers, thieves, drug traffickers, and violent criminals. We put our combined experience and knowledge in the pursuit of one goal, to win and obtain maximum justice for our client.
How an Odessa Car Accident Attorney Can Help
Car wrecks in Odessa are common, but not every crash requires a personal injury attorney. If you only experienced minor scrapes and bruises, you can probably work with the insurance company yourself. And that’s what we frequently recommend in that situation.
But problems arise when your car accident claim involves significant medical bills, pain and suffering, and time away from work.
If you’re dealing with something similar, call a car wreck lawyer in your area who has the skill and resources to help. We understand the cost associated with hiring a lawyer may prevent you from making a call. However, we take Odessa car wreck cases on a contingency fee basis, and simply having us in your corner makes insurance companies act appropriately.
There is no upfront cost when you work with our attorneys, and if it’s clear you would not benefit from our legal services, we will tell you that—at no cost to you.
But with our experience and record, we know a valid car accident claim when we see it. This ensures your rights are respected, the value of your claim is accurate, and someone is looking out for your long-term interests.
Here’s what to look for in a car accident attorney.
Too many lawyers go after quick settlements, but lack the skill to take a case to court. A fast result may seem appealing, but genuine courtroom experience is what makes large insurance companies respect your claim and treat you fairly.
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$20 MILLION Oil and gas case involving significant economic harm
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$13.5 MILLIONJury VerdictPatient paralyzed after nurses failed to tell a doctor about a change in condition
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$8 MILLION Young college student suffers brain injury from negligent conduct
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$7.5 MILLION West texas woman becomes brain injured when basic safety rules were not followed
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$6.2 MILLIONJury VerdictMarine veteran suffers catastrophic harm after a dangerous fall
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$6 MILLION Children who were abused by an employee of a company that was entrusted with the care of children
All of our clients have families of their own. They are decent, hardworking people, and come to uswith complex business issues or because their lives have been changed by a catastrophic injury.
Common Causes of Car Accidents in Texas
At Kemmy Law Firm, we handle car accident claims after all types of collisions. Whatever the vehicle and whatever the cause, we are here to help.
We have seen, investigated, & litigated it all:
- Distracted driving
- Texting while driving
- Drowsy driving
- Speeding
- Failing to yield
- Failing to adhere to traffic signs and signals
- Reckless and aggressive driving
- Drunk driving
- Drugged driving
- Commercial truck accidents
In some car accidents, identifying the cause is easy. The driver was distracted by their phone and failed to notice you stopped for a red light.
However, some collisions are complex and have several underlying factors.
What to Do if Your Car is Totaled in Odessa
If your vehicle was totaled, then Texas law states you are entitled to the pre-wreck market value of your car. A vehicle is totaled when the cost of repairs plus the salvage value of the damaged vehicle is more than the pre-wreck fair market value of the car. Some insurers will consider the car totaled even when the repair costs are just below the market value—it depends on the insurer’s formula and policies.
Unfortunately, a totaled vehicle can lead to an insurance dispute. The most common argument is over the market value of the vehicle at the time of the accident. Insurers are known for declaring a vehicle’s value is less than what it truly is. You should be represented by an auto accident attorney when arguing with an insurer about the value of your car to ensure you receive an appropriate payout.
Our FAQ
Under Texas car accident law, the negligent driver is the person responsible for compensating the parties injured in a collision. In most cases, the at-fault driver’s insurance policy will cover the costs associated with your property damage and personal injuries. However, an insurance settlement is not always possible. Insurers may wrongfully deny your claim, or despite approving your claim, the insurer may offer an inadequate car accident settlement. Whatever the case, an auto accident lawyer in Odessa, TX can negotiate for the outcome you need and protect your interests. This means ensuring you are not wrongly denied, countering lowball settlement offers and fighting for full and fair compensation for all your damages. Our lawyers have a deep understanding of Texas insurance law and know what juries respond to. We are aggressive negotiators, and if an insurance company refuses to offer what’s right, they know we are not afraid to take your case to trial.
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Texas Insurance Requirements
Texas law requires drivers to carry liability coverage of at least $30,000 per person, $60,000 per accident for injuries, and $25,000 for property damage. This is the minimum insurance requirement in Texas and often referred to as 30/60/25 coverage.
Texas requires auto policies to include personal injury protection (PIP) coverage. This pays for you and your passengers’ medical bills, lost wages, and other non-medical costs after a crash. You or other drivers, however, can forgo this type of coverage if you tell the insurer in writing.
Drivers may have policies with higher limits. Or, drivers from other states may have lower policy limits. Texas law also requires insurers to offer uninsured/underinsured motorist coverage. If you do not wish to carry this type of policy, you must inform the insurer in writing.
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First-Party Insurance Claims
To pursue coverage for your medical bills under your PIP insurance coverage, you will file a first-party insurance claim with your own insurer. You will also need to file a first-party claim to utilize an uninsured/underinsured motorist policy or a collision or comprehensive insurance policy.
When you are pursuing compensation under a first-party claim, your insurer must provide you with benefits offered under your policy, and they must act in good faith as required by Texas law. If you are at all concerned with how your insurer is treating you, call the Kemmy Law Firm.
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Third-Party Insurance Claims
When you file a claim against an at-fault party’s insurance policy, this is a third-party insurance claim. The other driver’s insurance company must investigate the claim, and either deny or approve it based on the driver’s policy and according to Texas insurance law.
Insurance companies often make their bottom line a priority to the detriment of policyholders and injured motorists. To protect your rights and fight for fair compensation during a third-party insurance claim, you should partner with a Odessa auto accident lawyer.
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Uninsured Drivers
One of the most frustrating things to learn after a car crash is that the other driver does not have any insurance. In this situation, you have a couple of options. If you have an uninsured motorist policy, you may be able to recover compensation for property damage and/or your medical bills. Many UM/UIM policies cover injuries up to between $30,000 and $500,000, depending on the policy you purchase.
You also have the option to pursue a personal injury lawsuit against the at-fault driver. Whether or not this is a good idea depends on several factors you should discuss with an auto accident attorney. If the at-fault driver has little-to-no income or assets, pursuing a lawsuit may be more costly than beneficial. This type of driver is known as judgment proof because even if you obtain a judgment against them, you might never receive compensation.
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Underinsured Motorist Coverage
When you are seriously injured in a car crash or your vehicle is totaled, the at-fault driver’s insurance coverage may not be enough. This is particularly true when a driver carries Texas’ minimum requirement coverage. The cost of your personal injuries and property damage may be more than the policy limit, and the at-fault driver’s insurer will not want to pay out any more than the policy limit.
You also may need to rely on a combination of your own insurance and the at-fault drivers. If you have underinsured motorist coverage, this is specifically intended to cover the difference between the cost of your injuries and the at-fault driver’s policy limit.
We Take Car Accident Cases to Trial and Win
While most car accident cases are resolved by reaching a settlement, insurance companies and their lawyers may deny liability, offer less than what you deserve, or refuse to cooperate. However, the Kemmy Law Firm was built by successful trial attorneys who always put the client first. Insurance representatives and their legal teams know that we are veterans in the courtroom, and unlike other firms, we not afraid to take cases to court.
We have an impressive record of winning high-value verdicts for our clients and over the decades, we have found that filing lawsuits, utilizing the discovery process to collect evidence, and leveraging our reputation in the courtroom are all very effective tools for uncovering critical information and kickstarting stalled negotiations. In the event, the other party still does not cooperate, we have the skills, knowledge, and resources to bring any case to trial and win.
Schedule a free consultation - no fees unless we win or settle your case (830) 264-6297
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"You could not hire a better attorneys than the Kemmy's."
My husband was involved in an industrial accident & we hired the Kemmy law firm to represent him with that case. You could not hire a better attorneys than the Kemmy's. They went above & beyond to help him get what he deserved. If you are searching for a lawyer in Texas you need to hire them!!!
- Colleen B. -
"Very easy to talk to, sincerely cared about my situation."
I was involved in an accident and was injurred. My co-worker recommended Seamus from Kemmy Law. I am so greatful that I followed through with the recommendation. He was very easy to talk to, sincerely cared about my situation, and kept me informed with the process, just all around amazing! Thank you Seamus!!!- Holly O. -
"They were so patient and explained everything in detail."
Everyone we worked with was amazing. They were so patient and explained everything in detail. They worked with my mom and then when she passed away the game plan changed and they made sure to explain everything. We were blessed to have them on our team. I would highly recommend them.
- Dora M. -
"Nick was very open and transparent."
Mr. Kemmy comes from good stock and was referred to us by one of the best. And if he's good enough for him to lay his reputation on the line, he's good enough for me. Nick was very open and transparent, and shared some of our frustrations. We were very please with him representing us. Thanks again Nick.
- Richard G. -
"Showed a deep understanding of my personal situation and demonstrated empathy."
Ben Kemmy and his awesome staff showed a deep understanding of my personal situation and demonstrated empathy throughout the legal process. This helped me a great deal to get through this difficult time. I recommend Kemmy Law Firm to all who need the services .
- Jim P. -
"Not only were they my lawyers they became like family."
I honestly got to say Tom and Danny got to be two of the best attorneys in the state of Texas I was injured in the oilfield accident about 3 years ago and they fought for me in my case like some sharks hands down best attorneys out there not only were they my lawyers they became like family thanks Kemmy law firm- Jeremiah L. -
"I wholeheartedly endorse Kemmy Law without reservation."
Working with Tom and Nick Kemmy on my case was a far better experience than I expected going in. They were thoughtful and listened to what I had to say. It was also gratifying that Kemmy Law Firm is truly a family affair with the Dad, Thomas, four sons and a daughter in law, Nick's wife, working together. If you're looking for legal representation, I wholeheartedly endorse Kemmy Law without reservation.- Jerry G. -
"I would recommend the Kemmy Law Firm 100 times out of 100."
We could not be more satisfied with Kemmy Law Firm. They represented us, and especially my father with respect and efficiency and earned every bit of what the law allowed. This helped my mother more than I can articulate. I would recommend the Kemmy Law Firm 100 times out of 100.
- Iaz P.
