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Kemmy Law Firm, P.C. Kemmy Law Firm, P.C.
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San Antonio, TX

San Antonio Wrongful Death Lawyers

What Constitutes a Wrongful Death?

The wrongful death occurs when a person loses his or her life due to the negligence or misconduct of another party.

Too often, our firm handles cases where an individual needlessly lost their life after someone else violated basic safety rules. When individuals or groups violate our community rules for safety, the consequences can be catastrophic, which is why we all depend on and live by these rules to keep us safe from harm.

When someone else’s wrongful conduct causes the death of a loved one, it is especially devastating. In these tragic situations, there is no amount of money that could ever replace or bring back your loved one. However, holding the wrongdoer financially responsible is the only just alternative our society can offer, and in doing this, our community becomes safer through example and by deterring others from engaging in the same wrongful conduct.

If you believe your loved one died based on another party’s wrongful conduct, then you can and absolutely should consult our firm. All consultations are free and confidential. Thomas G. Kemmy is Board Certified in Personal Injury, Trial Law and has over 30 years of experience in handling wrongful death cases. The Kemmy Law Firm understands the difficulties surrounding your loss and we will offer our support however we can, along with our commitment to fight for the most just and fair result allowed under the law.

Speak with a San Antonio personal injury lawyer - no fees unless we win or settle your case (830) 264-6297

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The Kemmy Difference

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. 

LET OUR FAMILY PROTECT YOURS

Hear How We've Made A Difference

    What is a Survival Claim?

    In a survival action, the decedent’s estate can take over the legal claims of the deceased individual and recover compensation on behalf of the deceased for damages the individual suffered prior to passing away.

    For example, in addition to recovering compensation for medical bills, out of pocket costs, and funeral expenses, the estate may also recover compensation for the physical pain, suffering, mental anguish and impairment that the decedent suffered before they passed away.

    If the estate is successful in their survival claim, then the proceeds of the recovery shall be distributed to the heirs of the estate according to the will if there is a will, or according to laws of Texas if there was no will.

    • $20 MILLION Oil and gas case involving significant economic harm
    • $13.5 MILLION
      Jury Verdict
      Patient paralyzed after nurses failed to tell a doctor about a change in condition
    • $8 MILLION Young college student suffers brain injury from negligent conduct
    • $7.5 MILLION West texas woman becomes brain injured when basic safety rules were not followed
    • $6.2 MILLION
      Jury Verdict
      Marine veteran suffers catastrophic harm after a dangerous fall
    • $6 MILLION Children who were abused by an employee of a company that was entrusted with the care of children

      Wrongful Death Lawsuits

      The laws involved in wrongful death lawsuits are complicated and vary in each state. During your grieving period, consideration of a wrongful death lawsuit may not seem urgent. In Texas, all wrongful death cases have a statute of limitations, which means a lawsuit must be filed within a specific time period or you risk losing your right to financial compensation. If the wrongful death occurred in a medical setting, you must give written notice to the party at fault within a specified time or you may forfeit your right to later bring a lawsuit. Not every wrongful death case is the same because the circumstances vary from each case. However, the following are the most frequent types of wrongful death cases we handle:

      • Medical Malpractice –  A hospital should not be but often is a dangerous place. We go to the hospital in our most vulnerable time; our time of greatest need. Trust and surrender are our only choices. When that trust is violated the consequences are often devastating. The medical community has a name for the unnecessary harm that hospital patients often suffer: Never Events. These are injuries that simply should never take place and only do when someone failed to follow the safety rules that apply to hospitals.
      • Elderly Care / Nursing Homes –  Mistakes are not confined to hospitals or urgent care facilities. Medical negligence is just as, if not more so, evident in elder care facilities as well. Nursing home residents especially vulnerable to malpractice, as the frailty of many residents, require extra care. Something as simple as a broken step and a fall may be catastrophic.
      • Auto Accidents – Individual drivers can always be held personally liable for the harm they cause from negligent and distracted driving. Additionally, if the driver was driving on behalf of a trucking/transport company, city transit authority, or other employers then you may also hold the employer and/or company liable for the driver’s negligent conduct.
      • Job Site / Oil Field Injuries – In 2017, OSHA found that out of all the worker fatalities in the private industry in the 2017 fiscal year, 20.7% were in construction — that is, one in five worker deaths last year were in construction. Eliminating the Fatal Four would save 582 workers’ lives in America every year.
      • Falls (39.2%);
      • Struck by Object (8.2%);
      • Electrocutions (7.3%);
      • Caught-in/between (5.1%)
      We Know the Stakes The Kemmy Experience

      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.

      Recovering Compensation

      We know that no amount of money will ever replace your loved one. We will do everything possible to make sure you receive the most just and fair outcome possible. If applicable, we will also help you pursue punitive damages to punish the wrongdoer.

      When another individual or business fails to follow basic community safety rules and causes injury or harm to another as a result, then they are responsible for the harm they caused.

      Our jury system allows for the recovery of damages to repair the harm when it can be repaired, to help with the harms and losses that can be helped, and make up for the harms and losses that can be neither fixed nor helped. 

      The following are examples of the types of legal damages we seek to recover from the responsible party:

      • Property Damage and Out of Pocket Expenses
      • Past and Future Medical Expenses
      • Past and Future Wage Loss
      • Past and Future Pain & Suffering
      • Past and Future Mental Anguish
      • Past and Future Physical Impairment
      • Loss of Consortium and Support of a Loved One

      How Our Approach to Trial Advocacy Serves Our Clients

      Trial is often daunting for the injured plaintiff. In the past three decades, insurance companies and big corporate interests have spent billions on a remarkable propaganda campaign against injured people and the lawyers that represent them. This campaign has been so effective that across the country jurors view personal injury cases, and the lawyers who bring them, with suspicion or even hostility.

      However, at the Kemmy Law Firm, our decades of trial experience have proven that when we show juries that a violation of basic community safety rules has caused unnecessary harm to a person in their community, the jury will often respond with a just and fair verdict. That is why, even though most cases settle, we develop each case as if it will go to trial.

      We work to uncover the full story: what safety rules were broken? By whom? And how was the client harmed as a result?

      Our Experience & Record

      Our team has decades of trial experience. For over 30 years, Tom Kemmy has successfully represented injured individuals and families who have lost life and limb, as well as small business owners cheated out of money. He is a board-certified trial lawyer. Nicholas Kemmy and Jacob Kemmy are former prosecutors for Bexar County and have tried dozens of cases to juries. Ben Kemmy has first-chaired civil jury trials across Texas: from Houston to San Antonio, from Dallas to Brownsville. Danny Kemmy has done trial work from the time he became licensed, including giving the opening statement and participating in a two-week trial that resulted in a 14-million-dollar verdict.

      We believe our successes over the years are the result of our collective experience – and our team approach that prepares each case for trial even if it is likely to settle.

      Schedule a free consultation - no fees unless we win or settle your case (830) 264-6297

      • "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.

        Let Our Family Protect Yours

        When you work with us at Kemmy Law Firm, you are working with a family run firm with more than 50 years of combined experience.

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