Hit-and-Run Accident Attorney in San Antonio
Legal Guidance After a Hit-and-Run Accident
A fleeing driver can leave you injured, facing property damage, and without the other driver’s name or insurance information. We investigate the available evidence and determine whether compensation may be pursued through the responsible driver, your own coverage, or both.
Kemmy Law Firm, P.C. has represented injured people in San Antonio since 1986. Our hit and run attorneys move quickly to preserve evidence, review policy requirements, and explain your options during an uncertain process.
Call (830) 264-6297 to discuss your injuries and next steps with our San Antonio hit-and-run accident lawyer.
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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$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
Frequently Asked Questions About Wernicke-Korsakoff Syndrome & Filing a Claim
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 830-264-6297 today!
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How Is Wernicke’s Encephalopathy Different from Wernicke’s Aphasia?
Wernicke’s Encephalopathy and Wernicke’s Aphasia are often confused due to similar names, but they are entirely different conditions.
- Wernicke’s Encephalopathy is a medical emergency caused by a thiamine deficiency. It affects coordination, vision, and mental clarity, and can progress to Korsakoff’s Psychosis if untreated. This is the condition at the center of most WKS-related malpractice claims.
- Wernicke’s Aphasia, on the other hand, is a language disorder that typically results from a stroke or brain injury in the left temporal lobe. It affects comprehension and speech but is not related to vitamin deficiency or nutritional neglect.
If you’re looking into legal options related to a missed or delayed diagnosis, Wernicke’s Encephalopathy is the condition relevant to malpractice claims, especially if it occurred during hospitalization, surgery recovery, or inpatient care.
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Are Pregnant Women at Risk of WKS?
Yes, pregnant women can be at risk of developing Wernicke-Korsakoff Syndrome (WKS), particularly if they experience severe and prolonged vomiting, a condition known as hyperemesis gravidarum. This condition can lead to significant nutritional deficiencies, including a lack of thiamine (vitamin B1), which is essential for brain and nervous system function.
Pregnancy makes women prone to developing WKS because of:
- Hyperemesis Gravidarum – Excessive vomiting during pregnancy can deplete the body’s thiamine stores and prevent proper nutrient absorption.
- Inadequate Nutritional Intake – If a pregnant woman is unable to eat or drink adequately due to nausea, her thiamine levels may drop dangerously low.
- Delayed Diagnosis: Symptoms of WKS, such as confusion or loss of coordination, may be misattributed to other pregnancy-related conditions, delaying critical treatment.
Healthcare providers should closely monitor pregnant women with severe vomiting or malnutrition and provide thiamine supplementation as needed. Early intervention is key to preventing the progression of WKS and protecting both the mother and baby.
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Is There a Specific Group of People at Risk for Wernicke’s?
Certain individuals face a higher risk of developing Wernicke-Korsakoff Syndrome, particularly those with conditions or circumstances that interfere with thiamine absorption or intake.
These groups include:
- Patients undergoing bariatric surgery
- Individuals with chronic alcoholism
- People with prolonged malnutrition or eating disorders
- Patients with gastrointestinal disorders like Crohn’s disease or celiac disease
- Those undergoing chemotherapy or prolonged intravenous feeding without proper supplementation
Doctors have an obligation to monitor these high-risk individuals closely and act quickly at the first signs of deficiency.
Insurance Options After a San Antonio Hit-and-Run
Texas insurers must offer uninsured and underinsured motorist coverage, although policyholders may reject it in writing. Uninsured motorist coverage may pay certain losses when an at-fault driver has no insurance or can’t be identified. Whether it applies depends on the complete policy, the collision facts, and compliance with notice and proof requirements.
Other potential sources include personal injury protection, medical payments coverage, and collision coverage. Depending on the policy, available benefits may address medical expenses, pain-related losses, vehicle damage, rental costs, or diminished value. Limits, deductibles, exclusions, and other terms may restrict those benefits.
An insurer may dispute whether an unidentified vehicle caused the crash, whether physical contact occurred, or whether the injuries resulted from the collision. We review the declarations page and full policy alongside the crash report, photographs, witness accounts, medical documentation, and other available information.
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"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.
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"He far exceeded any of my expectations on my case with a positive outcome."I was involved in a refinery accident and was referred to Kemmy Law Firm. Nicholas Kemmy walked me through the process and took care of all the necessary details. He far exceeded any of my expectations on my case with a positive outcome.- Robert R.
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"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.
The Car Accident Claims Process
The car accident claims process can be complex. An experienced car accident lawyer can help you navigate it seamlessly so that you don’t miss anything and maximize the compensation you can recover.
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NoticeYou must give the insurer notice of your first- or third-party claim within a reasonable amount of time after the accident.
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Insurance AdjusterYour claim will be assigned to an insurance adjuster. This is the person responsible for investigating your claim, approving or denying the claim, and negotiating a settlement.
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Investigation
Adjusters are required to investigate a car accident claim thoroughly and promptly. During this investigation, the adjuster will likely reach out to you for a statement, medical records, and other answers or documentation. We recommend you have a car accident lawyer handle this process.
You should never give the insurance adjuster a statement without first talking to an attorney. They will use anything you say against you wherever possible.
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Settlement NegotiationsWhen your claim is approved, the adjuster will offer you a settlement. Do not immediately say yes. It is better to consider whether the settlement fairly compensates you. In most cases, it will be a low ball settlement offer. Your attorney can negotiate and pursue a higher settlement amount.
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Auto Accident Insurance Claim LawsEach state has insurance laws that dictate how insurance claims must progress and how an insurer must treat a claimant. Overall, insurers need to treat claimants with good faith and avoid unlawful and unfair business practices.
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Texas Insurance Laws
The Texas car insurance law requires drivers to carry:
- Bodily Injury Liability: $30,000 per person and $60,000 per accident
- Property Damage Liability: $25,000 per accident
Additionally, insurers must offer Personal Injury Protection, which covers your medical bills, lost wages, and other non-medical expenses, and Uninsured/Underinsured Motorist coverage. If you do not wish to purchase either PIP or UM/UIM coverage, you must inform the insurer in writing.
If you file a first-party claim and your insurer does not address your claim in good faith, you may have a bad faith claim against your insurer. However, Texas does not recognize bad faith claims arising from third-party insurance claims.
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New Mexico Insurance Laws
The New Mexico auto insurance law requires drivers to carry:
- Bodily Injury Liability: $25,000 for one person, $50,000 for two or more persons
- Property Damage Liability: $10,000 per accident
New Mexico has a similar bad faith law. If your own insurer treats you unlawfully during a claim, you may have a bad faith claim. However, like in Texas, this claim is only for an insured against the insurer, not for third parties who are treated unfairly.
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Uninsured / Underinsured Drivers
If you were injured in a collision caused by an uninsured driver, talk with a car accident lawyer right away. If you carry uninsured motorist coverage, then your own insurance company may pay for your property damage or bodily injuries.
If you do not have UM coverage, talk with an attorney about pursuing compensation through a personal injury lawsuit. This may or may not be helpful depending on the at-fault driver’s income and assets.
When the other driver is underinsured, you can also utilize your own UM policy to cover the difference between the car accident settlement and your damages. If you do not have UM coverage, talk with us about filing a personal injury lawsuit.
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.
Compensation in a Hit-and-Run Injury Claim
Depending on the available proof and applicable insurance, a claim may include emergency care, follow-up treatment, rehabilitation, medication, lost income, reduced earning capacity, property damage, and pain-related losses. A wrongful death claim follows different legal rules when a collision results in death and should be evaluated separately.
Claim value can be affected by injury severity, medical documentation, policy limits, prior medical conditions, fault evidence, and whether the driver is identified. Comparative responsibility may also reduce compensation if the injured person shares legal fault for the collision.
Act Before Texas Filing and Insurance Deadlines
Texas generally allows two years to file a personal injury lawsuit, subject to exceptions based on the parties and circumstances. Insurance policies may impose notice, cooperation, proof, or procedural requirements much earlier.
Waiting can also make surveillance footage, vehicle and roadway evidence, and witnesses harder to locate. A prompt review can identify the requirements and deadlines that apply to the specific crash.
Family Representation, Direct Answers, and Thorough Trial Preparation
A hit-and-run claim may require difficult conversations with insurers while the search for the driver continues. We provide straightforward assessments, clear explanations, frequent updates, and responsive communication, including for Spanish-speaking families.
Kemmy Law Firm, P.C. is a multigenerational family firm whose attorneys include Tom Kemmy’s sons and daughter-in-law. Tom is board certified in Personal Injury Trial Law and has practiced injury law since 1986.
We don’t assume every unidentified-driver claim follows the same path. Our attorneys examine difficult facts honestly, explain realistic options, and commit the time required to prepare the case without promising a particular result.
Get a Clear Assessment of Your Hit-and-Run Claim
Bring any police report, insurance information, medical records, photographs, repair documents, and witness details to a free consultation. We can review the crash, discuss potential coverage, and explain whether further investigation or an insurance claim may be appropriate.
We handle personal injury cases on a contingency-fee basis, so attorney fees are tied to a recovery rather than charged upfront. You’ll receive an honest assessment and clear expectations before deciding how to proceed.
Call (830) 264-6297 or contact us to speak with a hit and run lawyer in San Antonio about your next steps.
