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.

Schedule a free consultation about a wrongful death case.

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.

(210) 750-1019

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.

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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%)
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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

Let us help you with your wrongful death lawsuit.

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When you put clients first, they notice.

They fought for us as if they were fighting for their own family.


If you’re looking for a law firm, where you’re not just another client. I can say from personal experience, you have found the right place at The Kemmy Law Firm. Everyone there always treated us amazingly. Not at any time were we in the dark, not knowing what was going on. Either Tom, Nick or Melissa would give us updates often on the case and explain to us the next steps. Which this made us feel like we were the only case they had. They fought for us as if they were fighting for their own family. They were compassionate about making sure we were going to be all right during the case as well as the years after the case. We are so thankful we found the Kemmy Law Firm and you will be too. Thank you Tom, Nick, and Melissa and everyone at The Kemmy Law Firm.

  Stacey Mitchell   |   07.19.2019   |   See All Reviews

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 Verdicts and Settlements
Speak for Themselves
New Mexico Oil Field Worker Suffers Back Injury

We obtained a $2 Million settlement for a New Mexico Oil Field worker.

18-Wheeler Parks on Side of Road and Causes Catastrophic Injury

We recovered a confidential 7 figure settlement (in the millions) for a West Texas family man.

Child Suffers Closed Head Injury at Amusement Park

The Kemmy lawyers secured a $2.3 Million settlement.

Permanent Brain Injury

The Kemmy firm secured an $8 Million settlement on behalf of a client who suffered a brain injury when basic safety rules were violated.


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.

(210) 750-1019
Personal Injury Attorneys & Trial Lawyers Let Our Family Protect Yours

Contact Kemmy Law Firm Today

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Get a free consultation. We do not charge up-front fees, and you owe nothing unless you recover compensation.

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. We are dedicated and successful trial attorneys practicing in West TX, Hobbs, NM, Midland-Odessa, and across the Permian Basin. Our team handles everything from catastrophic injury claims to complex business matters. We are here to fight for you. We dedicate our time and attention to your case and use every resource available to maximize your claim and obtain the best possible outcome.