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 Do 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 or serious.
A doctor will ask questions about how the injury happened, whether you lost consciousness, and for how long. They’ll ask you various questions to look for any speech issues, such as delays, slurring, or using the wrong words.
There are also levels of TBIs: mild, moderate, and severe. Doctors use various scales 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. That’s why we recommend keeping copies of all your medical records and bills. This helps our Odessa brain injury attorneys calculate the value of your claim.
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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.
Treatment for Traumatic Brain Injuries
The treatment of TBIs involves a comprehensive approach tailored to the severity and specific symptoms of each case. One of the primary treatments is the management of intracranial pressure. In patients with severe TBI, medical professionals may employ techniques to monitor and relieve pressure inside the skull, such as the use of osmotic diuretics like mannitol or procedures to drain excess cerebrospinal fluid. Surgery may also be necessary in certain cases to remove hematomas, repair skull fractures, or alleviate significant swelling.
In addition to addressing immediate concerns, rehabilitation plays a vital role in the recovery process for TBI patients. This typically involves a multidisciplinary team of specialists, including neurologists, physical therapists, occupational therapists, and speech-language pathologists, working together to support the patient’s rehabilitation needs. Physical therapy focuses on improving motor skills and strength, while occupational therapy helps patients regain independence in daily activities. Speech therapy is crucial for those suffering from language and communication issues post-injury.
Medications may also be prescribed to manage specific symptoms or complications arising from TBIs. For example, patients may receive medications to control seizures, which are a common occurrence after brain injuries. Additionally, mood stabilizers and antidepressants might be used to address the emotional and psychological challenges frequently experienced by TBI patients, such as depression or anxiety.
These treatments are costly, and you or your loved one should not have to worry about how you will cover them if you were hurt in an accident that wasn’t your fault. Our team at Kemmy Law Firm, P.C. can fight to get you compensation for past, current, and future medical expenses.
Our Team Fights for Maximum 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 our experienced brain injury attorneys know how to calculate the value of your claim fairly. We take every little detail into account and negotiate aggressively to seek the maximum compensation possible.
Most cases are resolved out of court, but 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 go to court.
Our FAQ
If you or a loved one suffer from a brain injury after an accident, consult a personal 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. Our lawyers 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.
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ConcussionsA 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, get in touch with our office for personalized legal advice.
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Post-Concussion Syndrome
Sometimes, the impacts of a concussion do not go away. Post-concussion syndrome lasts weeks to months after a head injury.
Symptoms of post-concussion syndrome 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 brain injury lawyer.
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Traumatic Brain Injuries (TBIs)
Trauma to the head can cause a TBI. This trauma could consist of violent shaking due to the force of an accident or 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 considered open. TBIs where an object pierces the brain are also called penetrating brain injuries.
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Diffuse Axonal Injuries (DAIs)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.
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Acquired Brain Injuries (ABIs)
An ABI happens after birth and isn’t congenital. There are many types of ABI, some of which are traumatic, while others are non-traumatic. For instance, a TBI is an ABI.
Other ABIs can be caused by:
- Exposure to toxic chemicals
- Infections
- Strokes
- Internal bleeding
- Lack of oxygen
- Near-drowning
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Skull FracturesA skull fracture is any break in the cranial bone caused by an impact or a blow to the head. The severity and consequences of the fracture depend on the force of the blow, the location of the impact, and the shape of the object hitting the skull.
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Brain BleedingA hemorrhage is a stroke caused by an artery in the brain bursting and bleeding in the surrounding tissues. This bleeding kills brain cells.
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Brain SwellingSwelling, 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.
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Brain DamageThe 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. A person with severe head trauma may suffer life-changing and debilitating problems.
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Wernicke’s Aphasia
Wernicke's aphasia is a language disorder that affects the comprehension and production of language. This condition typically results from damage to Wernicke's area, a region in the left hemisphere of the brain responsible for processing language. Individuals with Wernicke's aphasia may speak in long sentences that lack meaning, add unnecessary words, or even create new ones.
Head trauma is one of the causes that can lead to this type of aphasia, particularly if the injury impacts areas of the brain associated with language processing. Trauma can disrupt neural connections or cause brain tissue damage, leading to impaired language comprehension and the other hallmark symptoms of Wernicke's aphasia.
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Wernicke’s Encephalopathy
Wernicke's encephalopathy is a serious neurological disorder caused by a deficiency of thiamine (vitamin B1). It predominantly affects the brain's thalamus and hypothalamus, regions crucial for memory and muscle coordination. This condition is characterized by a triad of symptoms: confusion, lack of voluntary coordination of muscle movements, and paralysis or weakness of eye muscles.
Left untreated, Wernicke's encephalopathy can progress to Korsakoff syndrome, a chronic illness with severe memory impairments. Medical negligence can contribute to the onset of Wernicke's encephalopathy in instances where thiamine deficiency goes unaddressed, particularly in hospitalized patients with underlying conditions such as malnutrition, alcoholism, or those undergoing certain medical treatments like chemotherapy. Failure to promptly diagnose and administer thiamine supplementation may lead to irreversible neurological damage.
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HydrocephalusHydrocephalus is a condition characterized by an abnormal accumulation of cerebrospinal fluid (CSF) within the ventricles of the brain, leading to increased pressure inside the skull. This can result in brain swelling and potentially damage brain tissues if left untreated. Hydrocephalus can be congenital, meaning present at birth, or acquired, developing after an illness or injury – including a TBI.
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Brain Injuries at Birth
Newborns can suffer from various brain injuries at birth due to medical negligence, such as improper handling during delivery or failure to monitor fetal distress. One common condition is cerebral palsy, which can occur if there is significant oxygen deprivation to the infant’s brain, possibly due to delayed cesarean sections or improper use of delivery tools like forceps or vacuum extractors.
Another condition is kernicterus, a rare but severe type of brain damage caused by untreated jaundice in newborns, often resulting from inadequate monitoring and mismanagement of bilirubin levels. Additionally, trauma during delivery can lead to brain hemorrhages, where blood vessels in a newborn's brain rupture, causing bleeding that can result in lasting damage if not promptly identified and treated.
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Fatal Brain Injuries
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 sometime later. They could even succumb to complications or infections resulting from the accident instead of 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 responsible party and are meant to deter others from acting the same way.
Living and Moving on After a TBI
When you are already dealing with the consequences of a TBI, you may be tempted to accept what appears to be a generous settlement offer from the negligent party’s insurer. What may seem like a big number on paper may not be able to provide the financial support you need to cover your expenses in the long run.
Any settlement you accept should cover the cost of past, current, and 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 that impacts the value of your claim.
It’s important to emphasize that accepting an initial settlement offer can mean receiving far less than you deserve, and it’s something you can’t undo. No amount of money can reverse what has happened, but our team wants to set you up for success and help you get the compensation you need to live a comfortable and filling life.
Don’t wait to discuss your legal options with a seasoned Odessa brain injury attorney. Call (830) 264-6297 or contact us online today.
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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.
