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.
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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$20 MILLION Oil and gas case involving significant economic harm
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$19.4 MILLION Jury Verdict Wrongful Death of an elderly woman at Assisted Living facility.
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$13.5 MILLION Jury Verdict Patient 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 MILLION Jury Verdict Marine veteran suffers catastrophic harm after a dangerous fall
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.
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
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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.
