Odessa, TX

Odessa Wrongful Death Lawyers

“There is no way around grief and loss. You can dodge all you want, but sooner or later you just have to go into it, through it, and hopefully, come out the other side.” – Johnny Cash

The death of a loved one is devastating and tragic. But when you believe another person, business, or government agency is responsible for your loved one’s passing, it adds even more heartache. In these challenging times, it’s best to know all your options.

When a loved one is taken from you because someone else was negligent or reckless, talk with a skilled wrongful death attorney. Kemmy Law Firm has over five decades of combined experience handling accident claims that result in serious injuries and fatalities. We know how difficult these times can be. Your first thought is likely not about filing a lawsuit or pursuing compensation – but rather finding out what happened, why, and how it could have been avoided. That’s why, if you believe negligence caused your loved one’s death, we encourage you to speak with a Odessa personal injury attorney.

We are passionate about pursuing fair compensation for the surviving family members of fatal accident victims. Let us help you recover for lost income, pain and suffering, emotional distress, and loss of consortium.

To talk with us about how we can help after you lose a loved one, call us. Schedule a free consultation - no fees unless we win or settle your case (830) 264-6297

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The Kemmy Difference

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.

LET OUR FAMILY PROTECT YOURS

What Is a Wrongful Death Lawsuit?

When your loved one is killed in an accident or succumbs to their injuries weeks or months later, you need to talk with an attorney. Depending on the circumstances, the law may entitle you and your family to pursue a wrongful death claim. However, not all accident-related deaths give rise to a legal claim.

Under Texas Statutes Section 71.002, your family may bring a claim for compensation if a person’s death was the result of another party’s wrongful act, neglect, carelessness, unskillfulness, or failure to act. Section 71.003 goes on to explain a wrongful death claim arises if your loved one would have had a personal injury claim had they lived.

Another step in the wrongful death legal process is determining who can and should file suit. Texas Statutes Section 71.003 states this type of action is for the benefit of surviving spouses, children, and parents only. This statute applies to legally adopted children and parents. These individuals may bring the claim together, or one person may file the claim on behalf of the group.

If you or another relative do not file a wrongful death lawsuit within three months of your loved one’s passing, then the executor of your loved one’s estate can file.

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Why Choose Kemmy Law Firm for Your Wrongful Death Case?

There are several personal injury and wrongful death law firms in Odessa, TX, but one of the benefits of working with Kemmy Law Firm is that we have extensive knowledge of Texas wrongful death law and how it is applied in the courts. We have decades of combined experience litigating fatal accident claims, including highly contentious and complex cases.

Not all firms have the same level of skill trying fatal accident cases in front of juries and winning.

Kemmy Law Firm prioritizes the quality of representation we provide over quantity. We limit our caseloads to ensure we can give each case we take on our full attention. This guarantees that we have time to answer your questions, listen to your concerns, and candidly discuss your options.

We are also a family of trial lawyers, and that impacts how we treat our clients. We extend each of your clients the same courtesy, respect, and kindness we give each other every day.

Most importantly, we know what is really at stake in a wrongful death claim. You lost someone close to you. Someone you may have relied on daily. By pursuing a wrongful death claim, you are seeking justice for your loss. You are hoping to hold the at-fault party responsible for their wrongful conduct.

When you are confident you have a valid wrongful death claim, be careful about reviewing any settlement offers you receive. When another party and their insurer are aware of their liability, they might make an offer quickly. It is probably for less than what your family’s claim is worth.

We are passionate about using your experience, resources, and skills to obtain you the justice and wrongful death settlement you deserve.

We Know the Stakes The Kemmy Experience

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 Wrongful Death Accidents in Texas

At Kemmy Law Firm, our accidental death lawyers have addressed all types of accidents, from the most common to the rarest circumstances.

Please do not hesitate to call us to discuss your wrongful death case regarding:

Truck accidents
Car accidents
Work-related accidents
Oilfield accidents
Defective and dangerous product accidents
Medical malpractice
Nursing home negligence and abuse

We would prefer that we never had to litigate fatal accident claims. Our hope is that society and our community would be safe enough to avoid such accidents. But each day, people and businesses can be careless or reckless, placing other individuals at risk. As long as that is a possibility, we will continue to use our deep knowledge and experience to help surviving relatives pursue fair compensation.

Many local personal injury law firms focus entirely on injury claims. Other lawyers may have little-to-no experience dealing with fatal accidents and the nuances of these cases. At the Kemmy Law firm, we have decades of combined experience handling these claims and understand how to identify and value a family’s injuries.

What’s the Difference Between a Wrongful Death Claim and a Survival Claim?

While both wrongful death and survival claims arise from a person’s death, they address different types of damages. A wrongful death lawsuit compensates surviving family members for their losses. In contrast, a survival claim seeks compensation for the pain and suffering the deceased person experienced before passing away.

Essentially, a wrongful death claim compensates the family, while a survival claim compensates the estate for damages the deceased would have received had they lived.

Establishing Liability in Odessa Wrongful Death Cases

Once you realize that another party may have been responsible for your loved one’s death, you should talk with an accident attorney about identifying the at-fault and liable party or parties. Who is responsible for the accident may not be clear until an attorney pursues an in-depth and independent investigation. For example, we may discover a fatal trucking accident was the result of a defective steering component, which is the responsibility of the manufacturer.

To determine fault and liability, Kemmy Law Firm will conduct a comprehensive investigation. We will collect all the evidence available, including the police or other incident report, photos, video footage, and witness statements. We will investigate the backgrounds of the people and businesses involved. Depending on the complexity of the case, we may hire an accident reconstruction, engineer, or industry expert.

Not only will our investigation uncover the potential defendant(s) for a wrongful death lawsuit, it also enables us to collect the evidence necessary for building a strong claim for compensation. The stronger we can make your claim, the better. We often encounter large corporations and insurers that try to deny liability. But we do not take “no” for an answer. Instead, we will prepare to fight them in court.

Damages You Can Recover for a Wrongful Death in Texas

Through a wrongful death lawsuit in Texas, the surviving spouse, children, and parents can demand compensation for their:

The decedent’s lost earnings;
The loss of future inheritance;
The loss of decedent’s companionship, society, comfort, and love;
The loss of the value of the decedent’s household services; and
The surviving relative’s emotional distress and mental anguish.

Texas law also allows for exemplary damages, known as punitive damages, but only in certain circumstances. If your loved one’s death was caused by another person’s willful act or refusal to act or gross negligence, you could pursue punitive damages on top of your family’s actual damages.

Punitive damages are capped, however. Your family can receive the greater of two times the amount of economic damages, plus an amount equal to any noneconomic damages up to $750,000; or $200,000.

If you and your relatives receive a court award, the jury is entitled to decide each person’s amount of compensation. The jury will provide amounts proportionate to each person’s injuries resulting from the death.

However, if you and your relatives agree to an insurance settlement, then it is up to each of you to agree on how much each person receives. If you anticipate a dispute with a surviving relative, talk with a local wrongful death lawyer. You and your relatives may each need independent counsel to advocate for your interests during the wrongful death claim process.

When it comes to pursuing a wrongful death settlement or court award, you need a seasoned trial attorney by your side. Our wrongful death attorneys will scrutinize your loss to ensure we ask for compensation for each and every injury. We will also fight back against companies and insurers that try to minimize the emotional, practical, and financial ramifications of your loss.

We will consider all of your emotional and intangible losses. A spouse that is not there for a child’s birthday, a brother who is not there at the Sunday barbecue: these kinds of losses – the loss of the human person and the relationship – outweigh the harms to the family’s finances. Because we firmly believe that every loss must be considered, we fully prepare your case to show these intangible losses as well.

Odessa Wrongful Death Claims Process

The process for pursuing a wrongful death claim involves:

Learning of your loved one’s passing;
Contacting a Texas wrongful death lawyer;
Investigating the circumstances surrounding your loved one’s death;
Determining if your loved one’s death was work-related and covered by workers’ comp insurance;
Determining the validity of a wrongful death claim;
Identifying the liable party or parties;
Communicating with the at-fault party’s insurance company;
Filing a wrongful death lawsuit;
Fully utilizing the discovery process to further the investigation;
Entering into settlement negotiations with the insurance company;
Resolving the case with a settlement or further prepare for trial;
Going to trial and demand compensation from the jury;
If necessary, filing an appeal.

This is a lengthy and challenging process. We do not recommend you and your family go through it without legal counsel. We have a deep understanding of Texas’ wrongful death law and how juries respond in these types of cases. We are prepared to take your case all the way through trial if that is what is necessary.

Though we are always trial-ready during our cases, we know that most claims settle before trial. To ensure we win you the maximum compensation without going before a jury, we create a custom and aggressive negotiation strategy. We are as skilled negotiators as we are litigators, and we are often successful in obtaining fair settlements for our clients.

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Texas Statute of Limitations for Wrongful Death Claims

The time limit for filing a wrongful death lawsuit in Texas is two years. You do not want to wait until your time is almost run out to file, though. It is best to talk with a wrongful death attorney as soon as possible. This makes it easier to investigate and gather relevant evidence to support your claim.

There are some exceptions to the two-year statute of limitations. For example, you may not have discovered your parent, spouse, or child’s death was the result of someone else’s wrongdoing for weeks, months, or more than a year after their death. The Discovery Rule may allow you to start the clock when you knew or reasonably should have known of your legal claim.

We Take Odessa Wrongful Death Cases to Trial and Win

When you retain Kemmy Law Firm for your wrongful death claim, you can be confident your case is being handled by skilled litigators. We are not a settlement mill. We do not push our clients to accept low settlement offers. We do not dissuade our clients from going to court when a jury trial may be the best thing for them.

When you work with one of our wrongful death lawyers in Odessa, Texas, you have someone who is ready to handle your case from the very beginning consultation to the closing arguments at trial. Though we can never guarantee a specific outcome to a case, we can talk with you about our strong track record of success.

We routinely take fatal accident cases to court and win. And when we demand compensation from the jury, we seek the maximum amount possible for you and your relatives’ loss and injuries.

Schedule a free consultation - no fees unless we win or settle your case (830) 264-6297

"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.

Let Our Family Protect Yours

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.

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