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.
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Our Values Set Us ApartKemmy Law Firm, P.C. was built to help make our communities safer by holding negligent and reckless individuals and businesses responsible for the harm they cause. Our attorneys have over 50 years of experience as trial lawyers and know all too well that, many times, the only way to hold someone responsible is through our legal system. By making sure the at-fault party is financially accountable, we hope to force them to change their ways and reduce the risk of them hurting others in the future.
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We Take Our Commitment to Our Clients SeriouslyMany clients come to us after suffering painful and often catastrophic injuries and losses. We don’t take our responsibility to them lightly, and through it all, we will fight to get you the care, guidance, and proper compensation you need to cover physical, emotional, and financial damages, whether through an insurance settlement or trial verdict.
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We Limit Our Cases and Prioritize Quality RepresentationWhen it comes to our legal services, we value quality over quantity. Our firm limits the number of cases we take on so we can provide each client with the personal attention they deserve. We will keep you informed about the status of your case and advise you accordingly. We promise to always speak honestly and directly about your case while handling each stage of the legal process with compassion and sincerity.
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We Have a Track Record of SuccessWe are proud to have helped hundreds of Texas residents protect their rights and recover millions of dollars in compensation for their physical, psychological, and financial injuries. To maintain our track record of success, we treat clients as we would our own family. By focusing on the needs of our clients and leveraging our skills and resources, we have a history of delivering exceptional and highly effective representation.
What is a Birth Injury?
A birth injury refers to any harm or trauma sustained by a baby during the birthing process. These injuries can range from minor and temporary to severe and life-altering. While not all birth injuries are preventable, many occur due to the negligence or improper actions of healthcare providers.
Birth injuries differ from congenital disabilities, which are caused by genetic or environmental factors before birth. Birth injuries, on the other hand, often arise from complications during labor and delivery, or from inadequate medical care.
Some of the most common types of birth injuries include:
- Cerebral Palsy: Caused by oxygen deprivation or trauma to the brain during delivery, cerebral palsy is a neurological disorder that affects movement, posture, and coordination.
- Brachial Plexus Injuries: These injuries occur when the nerves controlling the arms and hands are stretched or torn during delivery, leading to conditions like Erb’s Palsy.
- Fractures: Broken bones, particularly in the clavicle or collarbone, can result from improper delivery techniques or excessive force.
- Facial Paralysis: Excessive pressure on the baby’s facial nerves during delivery can lead to temporary or permanent paralysis.
- Hypoxic-Ischemic Encephalopathy (HIE): This condition arises when the baby’s brain does not receive enough oxygen during birth, potentially causing permanent brain damage.
- Caput Succedaneum and Cephalohematoma: Swelling or bleeding under the scalp can occur from prolonged or difficult deliveries.
- Intrauterine Fetal Demise: Tragically, some birth injuries can result in stillbirth or death shortly after delivery.
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$20 MILLION Oil and gas case involving significant economic harm
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$4 MILLION Oil royalty payments recovered after they were paid out to the wrong party
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$2.5 MILLION Wyoming oil field worker suffers catastrophic harm after fall from oil rig
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$2.5 MILLION West Texas oil field worker suffers finger amputations
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$2.2 MILLION Oil refinery injury ends Louisiana man's career
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.
Birth Injury FAQs
How do I know if my child’s birth injury was caused by medical negligence?
A medical review is typically necessary to determine whether the injury resulted from preventable mistakes or natural complications. An attorney can help arrange expert evaluations.
How long do I have to file a birth injury claim in Texas?
Texas law imposes time limits for filing medical malpractice claims. These deadlines can vary depending on the circumstances, so it is important to speak with a lawyer as soon as possible.
What evidence is needed in a birth injury case?
Key evidence may include medical records, prenatal care documentation, delivery notes, expert testimony, and witness statements.
Can I file a claim on behalf of my child?
Yes. Parents or legal guardians can typically pursue legal action on behalf of a minor who suffered a birth injury.
What if the injury wasn’t discovered right away?
Some birth injuries become apparent months or years later. Legal options may still be available, depending on the timing and details of the case.
A Firm Built on Family, Fighting for Yours
Since 1986, Kemmy Law Firm, P.C. has represented Texas and New Mexico families through some of the most painful chapters of their lives, recovering more than $200 million in verdicts and settlements along the way — including results in complex medical negligence matters requiring extensive expert testimony. As a firm founded and run by the Kemmy family, the team understands, on a personal level, what it means to protect a child's future.
Families working with the firm's Odessa office gain direct access to trial attorneys — not case managers or call centers — who prepare every birth injury claim as though it will be tried before a jury, ensuring hospitals and insurers take the case seriously from day one.
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We Perform Independent InvestigationsBefore we file a lawsuit, we want to have as much information about what happened as possible. We do not rely on brief police reports or the investigation of the other party and their insurer. We will work to gather all of the evidence available, carefully review it, and ascertain liability.
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We Hire Expert WitnessesWhether you were in a catastrophic 18-wheeler crash or an oil field accident, one or more expert witnesses may be necessary to support your case. Depending on the circumstances, we may hire a medical expert, industry expert, engineer, economist, vocational expert, and/or accident reconstructionist expert.
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We Draft and File the Complaint ItselfThe complaint, which is also known as the petition, is the document you file with the court to formally begin your lawsuit. This document should include basic information about you and the other party, what happened, why the other party is at fault, and your damages.
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We Make Sure the Defendant Is ServedPart of the civil legal process is properly serving the defendant(s) with a copy of your complaint and a summons to court. We will work to make sure the defendant receives proper service of process so that your case can move forward.
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We Will Wait for the Defendant’s ResponseAfter the defendant is served, they may file an appearance in court as well as a response, which is a document providing information regarding why they believe they are not liable. If the defendant fails to respond, we may be able to seek a default judgment.
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We Leverage the Discovery ProcessAfter the complaint and the response, we enter the discovery process. During this time, we exchange documents with the other party, which enables us to gather more information on the strengths and weaknesses of your claim.
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We Utilize Pre-Trial Motions and Negotiations
There is a great deal to do before getting to trial – if your claim even goes to trial. Again, many personal injury claims are resolved by a pre-trial settlement, which is something we may pursue through negotiations. We may also file one or more pre-trial motions and ask the judge to make certain legal decisions before trial.
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We Are Aggressive at TrialIf your case is not resolved through a pre-trial settlement, then our experienced trial attorneys will prepare for court. During a trial, lawyers present their arguments through evidence and testimony from witnesses and experts. Once each side has completed their arguments, the judge or jury will decide the outcome of the case. If your claim is decided in your favor, the judge or jury will then decide how much compensation you will receive.
Why Local Experience Matters in an Odessa Birth Injury Case
Birth injury claims hinge on medical records and standard-of-care testimony from the specific hospital or birthing center where the delivery took place. Families in Odessa and the surrounding Permian Basin are often served by a limited number of labor and delivery units, which means the same physicians, nursing staff, and hospital systems appear again and again in local malpractice litigation.
Kemmy Law Firm, P.C. has built decades of trial experience in West Texas courts, giving families access to attorneys who already understand how local hospitals staff their labor and delivery floors, how regional medical boards handle standard-of-care disputes, and which expert witnesses carry the most credibility with West Texas judges and juries. That local insight can be the difference between a claim that stalls and one that moves toward real accountability.
Contact us today at (830) 264-6297 for an initial consultation. Let us help you take the first step toward healing and recovery.
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"They made a significant recovery for me."
My husband was injured in a workplace accident in 2022. The first law firm he went to looked at his case and turned it down. he had all but decided to give up when he called the Kemmy's. They took his case and ran with it. In the end, they made a significant recovery for me. I highly recommend the Kemmy Law Firm.
- Anna O. -
"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. -
"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. -
"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. -
"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. -
"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. -
"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. -
"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.
