Head and Brain Injury Claims
If you or a family member suffered a head or brain injury, and you are now searching for legal help, you are in a place you never imagined you would be. Your independence and health and way of life are all at risk. How you navigate through this perilous time is vitally important. Who you choose to guide and protect you through this perilous time is one of the single most important decisions you may make in your lifetime.
We want you to safely make that choice, and we want the opportunity to earn your trust. We know that trusting a law firm at the time of your greatest need may not come naturally. But we want the opportunity to create that type of a fiduciary relationship with you.
Schedule a free consultation to discuss a brain inury case, (830) 264-6297.
All of our clients have families of their own. They are decent, hardworking people, and come to us with complex business issues or because their lives have been changed by a catastrophic injury.
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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
Head and Brain Injuries in Midland, Odessa, TX and New Mexico — An Overview
Head and brain injuries often affect every aspect of your health. Your brain controls your thoughts, your speech, your body movements, and the function of nearly every organ in your body. Sometimes brain injuries are obvious to your loved ones who know you but are subtle and hard to prove to the stranger or observer.
The Kemmy Law Firm has handled many head and brain injury claims. We have access to the world’s best experts and we know how to prove your losses. We know insurance company policies, practices and procedures and how our clients can make the most of them. If we can’t work out a reasonable settlement for you, our experienced lawyers will take your case to court.
Reach out to one of our offices in San Antonio, Odessa, TX, or Hobbs, NM, so we can help you pursue compensation for your head or brain injury through an insurance claim or lawsuit.
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Our child was involved in a serious injury that was unexpected and devastating. Tom and Jac Kemmy were quick, professional and supportive throughout the whole process. They responded to all of our questions and helped in every way possible. They made a difficult situation more at ease by treating us with dignity, grace and like family.
- Harrison L. -
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 Kemmy helped to make a bad situation better. From beginning to end Nick did what he said would do when he said he would, and answered all my questions. I am extremely satisfied with the results of my case and would highly recommend the Kemmy law firm to friends and family
- Hal J. -
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.
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.
Head and Brain Injury Settlements
Based on our investigation we will submit a demand to the responsible party’s insurance company. They may ask for additional information in response. They may deny liability or offer less than the demand. We normally enter into negotiations, which, in most cases, are successful. If an insurance company isn’t being fair or reasonable, we will file a head injury or brain damage lawsuit. Most of them settle as well.
When deciding how to handle negotiations, you need to think about all the harm done since the accident and the expected, future harm. You also need to consider the downsides of going to trial, including the risks your case may be dismissed or your damage award may be less than expected. The uncertainties that come with having a trial decide the outcome of a claim is a major reason why both sides choose to settle.
Negotiations are based on the needs of both parties and the ability to establish trust and work together. Mistakes by either party can be:
- Not acting in good faith
- Seeing negotiation as a test of wills or a game
- Failing to fully understand the strengths and weaknesses of a case and factoring them into what to offer, demand and accept
Common Accidents That Result in Head and Traumatic Brain Injuries
Accidents that could potentially cause head and brain injuries include anything that involves a traumatic blow to the head or violently shaking back and forth, causing the brain to strike the inside of the skull. These incidents include:
- Vehicle collisions
- Motorcycle accidents
- Bicycle accidents
- Pedestrians struck by vehicles
- Slips and falls
- Falling from a ladder or scaffolding
- Injuries caused during sports
There are various types and degrees of head and brain injuries.
Preparing a Head and Brain Injury Lawsuit
If a lawsuit is filed, part of the litigation process is discovery, where both parties normally find all the critical facts, which can speed up negotiations. Both sides ask each other questions in writing and under oath, exchange documents and information. Often the parties, after discovery, get a full picture of the important facts, understand the value of the case and reach an agreement.
During the investigation and litigation phase we often use experts. These are highly educated and experienced professionals who often work on lawsuits and can give their opinions in court. We use accident reconstructionists to help us determine the cause of accidents and who is at fault. Medical experts can explain the nature and extent of injuries and how long limitations are expected to last.
This is all part of trial preparation, which starts when we’re retained by a client. Every step in the process is taken with the attention and seriousness needed to prove a client’s case in court. Our level of effort is the same, whether we’re negotiating with an insurance company or at trial.