Odessa Car Accident Lawyers

Why Choose The Kemmy Law Firm, P.C.?

The Kemmy Law Firm is a Family of Trial Lawyers with the skill, dedication, and courage to hold large insurance companies accountable.

Our family has over 50 years of experience as trial lawyers, and the insurance companies and their lawyers know we relentlessly protect our clients. Many people in Odessa come to us because they suffered a serious injury or tragic loss. The stakes are usually at their highest, and the only way to obtain a meaningful resolution is with aggressive representation.

Our success record and legal skill give you the edge in a car accident claim, whether it’s through a trial or negotiated settlement.

We value quality service over quantity.

Unlike other car accident law firms in the area, we limit the number of cases we take so each client gets the personal attention he or she deserves. When you’re a Kemmy Law Firm client, we will keep you informed at every step and advise you from start to finish.

We promise to always put your interest before our own.

We want you to make informed decisions about your case and we’ll be clear in our communications. When the best possible offer is presented, you’ll know. If we can do better, we’ll explain how to get the max.

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.

How We Investigate Car Wrecks in Odessa, TX

Investigating a car accident in Odessa and determining fault takes skill and resources. At Kemmy Law Firm, we have both and use them to benefit our clients.

Our Odessa car accident lawyers will figure out what happened, and identify the liable party. We may employ an accident reconstructionist to recreate the accident or find witnesses to testify about what happened.

This is a critical part of assessing liability and is especially important if you may be partly at fault. Having your own lawyer gather and review evidence prepares you to defend against a comparative negligence claim and explain other important car accident laws that may apply.

Common Injuries in Odessa Car Accidents

Our Family Firm recovers compensation for all types and severities of car accident injuries in Odessa, TX:

• Lacerations and Abrasions
• Bone Fractures
• Soft Tissue Injuries
• Dental and Facial Injuries
• Whiplash
• Herniated Discs and Back Injuries
• Concussion/Traumatic Brain Injury
• Spinal Cord Injuries
• Paralysis
• Crush Injuries
• Amputations
• Burns
• Internal Bleeding
• Post-Traumatic Stress Disorder

Anyone injured in an Odessa car wreck should seek medical treatment to treat and document the injuries.

Many injuries do not present themselves right away, like whiplash or concussions. A trained doctor may be able to identify a serious injury before you notice symptoms.

Odessa Reginal Medical Center, Medical Center Hospital, and Texas Tech University Health Sciences Center are a few of your local options.

Once you get an official diagnosis, we will work with you and your doctors to fully document your recovery. We will collect your medical bills, evaluate your long-term treatment, and make sure things like medications, future surgeries, physical therapy, home modifications, and other expenses are fully accounted for.

We know that physical harm is not the only consequence. You may experience significant psychological trauma from the collision. You may suffer from anxiety, a phobia of driving or being in a car, depression, post-traumatic stress disorder, sleep disorders, or other psychological and emotional effects.

In some cases, our accident attorneys hire the necessary experts to help evaluate and prove your damages in each of these areas.

Fatal Car Accidents in Odessa, TX

It can be hard to know where to turn if a loved one lost their life in a car accident. We take our commitment to injury victims and their families very seriously and will explore every avenue to secure justice and financial relief for those we represent.

If a loved one was killed because of another driver’s negligence, you may be dealing with funeral expenses, lost financial security, and considerable mental anguish.

Who Can Be Held Liable in a Car Accident Lawsuit?

Every car accident is unique, but determining who is responsible for the crash and who is legally liable for your subsequent injuries is an essential part of any car accident claim or lawsuit. When you work with the Kemmy Law firm, we will conduct an independent and exhaustive investigation into your accident.

We’ll gather evidence and determine liability in your accident by

• Reviewing the police report, your statements, and any witness statements
• If necessary, employing accident reconstructionists and other experts to recreate the exact conditions
• Gathering any physical evidence, photos, or video available at or near the scene
• Investigating the background of the other drivers involved.

What Compensation is Available After a Car Accident in Odessa?

Through an insurance claim or lawsuit, an Odessa car accident lawyer will fight for you to receive the maximum compensation. There are a variety of damages you can recover after an accident including:

• Property Damage
• Out of Pocket Expenses
• Past and Future Medical Bills
• Lost Wages and Employment Benefits
• Past and Future Pain and Suffering
• Past and Future Mental Anguish
• Disfigurement
• Physical Limitation
• Reduced Earning Capacity
• Loss of Consortium

In some situations, when the at-fault driver is guilty of gross negligence or malicious conduct, you may be entitled to punitive damages, also known as exemplary damages.

These damages are meant to punish the wrongdoer—not compensate you for your physical, emotional, or financial injuries. Exemplary damages cannot exceed whichever is more: two times the amount of economic damages plus any amount equal to any non-economic damages, not to exceed $750,000, OR $200,000.

Insurance Claims after Odessa Car Accidents

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.

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.

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.

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.

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.

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.

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.

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.