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.
Choosing the Right Personal Injury Lawyer for You
If you or a loved one’s injuries are minor, then you can likely work with the insurance provider without an attorney to reach a fair result. When people reach out to us in this situation, we often advise them to do just that.
On the other hand, if you or a member of your family was hurt or needs significant medical attention, you should immediately get in touch with an accident injury law firm that has the skill, experience, and resources to assess the situation and help set things right. We know the idea of speaking with an injury attorney can seem intimidating, which is why we remove the financial risks and try to make our clients as comfortable as possible. We handle personal injury cases on a contingency fee basis. This means there is no upfront cost, and you pay us nothing unless we help you secure compensation. If we evaluate your case and believe you would not benefit from our services, we will tell you that – at no cost to you.
The sooner that you discuss your injury and options with an experienced attorney, the better. Insurance representatives will be working to minimize the personal injury compensation you are entitled to, and you should be prepared before making any statements. This starts with knowing your rights, collecting and preserving important evidence, and evaluating your injuries with medical professionals and other various experts.
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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.
Do You Have to Accept an Insurance Settlement?
When presented with an insurance settlement offer after suffering an injury due to negligence, you are not obligated to accept it. Settlement offers are often the initial attempt by insurance companies to resolve a claim quickly and for the least amount of money possible. While it might be tempting to accept an early offer, especially if you are facing immediate financial pressures from medical bills or lost wages, you need to assess whether the settlement adequately covers all your damages. This includes not only immediate medical expenses and lost income but also future medical costs, ongoing rehabilitation, and non-economic damages such as pain and suffering.
Consulting with a personal injury attorney can provide clarity on the fairness of an offer and help you understand the full scope of your claim. Our team at Kemmy Law Firm, P.C. can negotiate on your behalf for a settlement that reflects the true value of your case. If an offer falls short and negotiations fail to reach a satisfactory agreement, you have the right to decline the settlement and take your case to court. This decision should be made carefully, considering the strength of your case, the potential for a higher award at trial, and the additional time involved. We can provide the personalized guidance you need to make an informed decision.
Potential Damages in Texas Personal Injury Claims
If another person or business’s carelessness, recklessness, or intentional misconduct caused you harm, then you may be entitled to personal injury compensation. We always work to maximize what you recover.
Our Odessa personal injury attorneys can fight to recover your:
- Past and future medical expenses
- Past and future lost wages
- Past and future pain and suffering
- Past and future mental anguish
- Past and future physical impairment
- Loss of consortium
- Property damage
- Other out-of-pocket expenses
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We Perform Independent InvestigationsBefore we file a lawsuit, we want to have as much information about what happened as possible. We do not rely on brief police reports or the investigation of the other party and their insurer. We will work to gather all of the evidence available, carefully review it, and ascertain liability.
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We Hire Expert WitnessesWhether you were in a catastrophic 18-wheeler crash or an oil field accident, one or more expert witnesses may be necessary to support your case. Depending on the circumstances, we may hire a medical expert, industry expert, engineer, economist, vocational expert, and/or accident reconstructionist expert.
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We Draft and File the Complaint ItselfThe complaint, which is also known as the petition, is the document you file with the court to formally begin your lawsuit. This document should include basic information about you and the other party, what happened, why the other party is at fault, and your damages.
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We Make Sure the Defendant Is ServedPart of the civil legal process is properly serving the defendant(s) with a copy of your complaint and a summons to court. We will work to make sure the defendant receives proper service of process so that your case can move forward.
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We Will Wait for the Defendant’s ResponseAfter the defendant is served, they may file an appearance in court as well as a response, which is a document providing information regarding why they believe they are not liable. If the defendant fails to respond, we may be able to seek a default judgment.
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We Leverage the Discovery ProcessAfter the complaint and the response, we enter the discovery process. During this time, we exchange documents with the other party, which enables us to gather more information on the strengths and weaknesses of your claim.
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We Utilize Pre-Trial Motions and Negotiations
There is a great deal to do before getting to trial – if your claim even goes to trial. Again, many personal injury claims are resolved by a pre-trial settlement, which is something we may pursue through negotiations. We may also file one or more pre-trial motions and ask the judge to make certain legal decisions before trial.
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We Are Aggressive at TrialIf your case is not resolved through a pre-trial settlement, then our experienced trial attorneys will prepare for court. During a trial, lawyers present their arguments through evidence and testimony from witnesses and experts. Once each side has completed their arguments, the judge or jury will decide the outcome of the case. If your claim is decided in your favor, the judge or jury will then decide how much compensation you will receive.
Comparative Negligence in Texas Personal Injury Claims
In Texas, the principle of comparative negligence can play a critical role in determining liability and compensation in personal injury claims. Under Texas law, the state follows a modified comparative negligence rule, which allows an injured party to recover damages only if they are found to be 50% or less at fault for the accident. If a plaintiff's percentage of fault is 51% or higher, they are barred from recovering any compensation for their injuries.
When a personal injury claim is brought to court, the jury evaluates the actions of all parties involved in the accident and assigns a percentage of fault to each one. The amount of compensation the plaintiff is entitled to receive is then reduced by their percentage of fault. For example, if a jury awards $100,000 in damages and finds the plaintiff 20% at fault, the plaintiff would receive $80,000.
In other words, if you were partially to blame for an accident, you may still be able to recover compensation. Our team can assess the details of your case – including your level of fault – and advise whether you stand to recover damages under Texas’s comparative negligence rules.
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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.
