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.
Find the Right Personal Injury Lawyer for You
If you or a loved one is seriously hurt in something like a car crash or work-related accident in an oilfield, you may be far from home. You could be in a hospital you aren’t familiar with or struggling to understand the insurance claim process so you can get your bills paid.
The idea of speaking with a personal injury lawyer can be scary, but getting a lawyer involved early increases the odds of getting all the compensation you are entitled to in less time than if you were on your own. We’re here to help you recover what was lost. Our team understands you’re dealing with a lot. That’s why we try to relieve as much financial risk as possible.
We handle all personal injury cases with no upfront costs, and you won’t owe us anything unless we help you recover compensation. We’ll also discuss your case in-person, at your home, in the hospital, or over the phone – whatever makes sense for you.
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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.
How Do I File a Claim for an Injury in the Permian Basin?
When you or a loved one are suffering after an accident in West Texas or Southeastern New Mexico, the laws and those involved may cross state lines. Insurance claims can get complicated fast in this region, and your best option for getting maximum compensation may involve filing a personal injury claim.
The idea of filing a lawsuit may seem overwhelming, but with our firm’s experience, track record, and reputation in and out of area courts, our attorneys at Kemmy Law Firm, P.C. can address any issue that may arise. Let us guide you through each step of the legal process.
When you work with our firm, filing a personal injury claim typically involves the following steps:
- We independently investigate the circumstances of your accident to collect evidence and determine liability
- We may hire expert witnesses, including accident reconstructionists, to strengthen your claim
- We contact the liable party with our findings and work with their attorney or insurer to negotiate a settlement
- If no settlement can be reached in a reasonable amount of time, we file the official complaint
- We serve the defendant and prepare for their response
- We use the discovery process to share and obtain additional evidence
- We continue to aggressively negotiate a fair settlement while preparing for trial
- If we still cannot reach an acceptable settlement, we go to trial and fight for you in court
How Comparative Negligence Can Affect Your Personal Injury Claim
In states like Texas and New Mexico, comparative negligence laws can significantly impact a personal injury claim. In both states, your compensation could be reduced if you were partially at fault for causing an accident.
Texas adheres to a modified comparative negligence rule, which prevents you from recovering any damages if you are found to be more than 50% responsible for the accident. In contrast, New Mexico follows a "pure" comparative negligence system, which allows you to recover damages even if you are up to 99% at fault. In either state, however, your compensation will be proportionately reduced by your degree of fault if you are entitled to recover damages under their respective rules.
For example, if a jury decides you are 25% responsible for a car accident in Texas and your damages total $100,000, you would only recover $75,000. If a jury determined you were 60% to blame for a crash in New Mexico and your damages total $100,000, you could still recover some compensation, but you’d only receive $40,000. Our attorneys understand how to navigate cases of comparative negligence and will fight to deliver the best possible outcome.
Frequently Asked Questions about Personal Injury Cases in the Permian Basin
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How Long Do I Have to File a Personal Injury Claim?
The answer depends on where the accident occurred. You usually have two years from the date of the accident to file a personal injury claim in Texas, while in New Mexico, you typically get three years from the date of the accident to take legal action. If the applicable statute of limitations expires, you lose your opportunity to file a claim against the at-fault party.
You have 30 days to notify your Texas employer if you suffered a work-related injury. In New Mexico, you only get 15 days to notify your employer of a job-related injury. Missing the relevant deadline will generally prevent you from successfully filing a workers’ compensation claim.
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Will I Have to Go to Court for My Personal Injury Case?While there is always a possibility that your case could go to trial, many personal injury claims are settled out of court through negotiations between your attorney and the insurance company. In these instances, both parties agree on compensation without ever seeing a judge. However, if a fair settlement can’t be reached or if liability is disputed, your case may proceed to court. We will be transparent if we believe going to court is the best path forward in your case.
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How Long Will My Personal Injury Case Take?
The duration of a personal injury case can vary greatly depending on numerous factors. Initially, cases that are resolved through negotiation and settlement typically move faster, sometimes concluding within a few months. However, if your case proceeds to litigation, the timeline extends significantly. Litigation involves several stages, including filing a lawsuit, discovery, pre-trial motions, and, potentially, a trial. Each phase can introduce its own delays, influenced by court schedules, the complexity of the case, and the negotiation process between parties.
Additionally, if your case involves serious injuries or substantial damages, it may require more time to gather comprehensive medical evaluations and evidence, which can further lengthen the process. While we cannot promise a precise timeline, we can assess your unique circumstances and help set realistic expectations.
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How Much Does It Cost to Hire a Personal Injury Lawyer?Law firms use many different methods to bill their clients, which might include upfront costs. However, many personal injury firms, including ours, use a contingency fee pay structure. This means you pay no upfront costs, and our firm takes a percentage of your final settlement or court award. In other words, you owe nothing unless we win.
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Do You Have to Accept an Insurance Settlement?
When you receive an insurance settlement offer in a personal injury case, you are not obligated to accept it. It is in your best interest to thoroughly assess whether the proposed amount adequately covers your medical expenses, lost wages, and other damages you may have suffered.
Insurance companies often aim to settle claims quickly and for as little money as possible. Therefore, you should consider consulting with a personal injury attorney before making any decisions.
Our team can help evaluate the adequacy of the offer and, if necessary, negotiate for a better settlement that truly reflects the full extent of your losses. Remember, accepting a settlement generally means relinquishing the right to pursue further legal action related to the injury, so making an informed decision is extremely important.
How Much Compensation Can You Recover in a Personal Injury Claim?
The compensation you could recover in a personal injury claim varies depending on the damages you suffered and how they impacted your life. We will consider all the ways your life has been affected by your injuries, which includes the physical pain and mental suffering your accident caused.
Specifically, our Permian Basin personal injury lawyers will work to get you maximum compensation for:
- Past and future medical bills
- Past and future lost income
- Lost earning potential
- Out-of-pocket expenses
- Property damage
- Past and future pain and suffering
- Past and future emotional distress
- Scarring or disfigurement
- Loss of consortium
- Reduced quality of life
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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.
