The O’Hare Blog

  O'Hare Blog Check out all the latest news and updates from The Law Offices of Tim O’Hare in our blog. From tips about pursuing legal action to news about Personal Injury Cases, we offer a variety of insights about Personal Injury Law. We can help you understand the world of Injury, Wrongful Death and Insurance Law, so be sure to check back frequently to read our posts. Do you have questions about our posts or have you suffered an injury from someone else’s negligence? Contact The Law Offices of Tim O’Hare today to find out how we can help.

The Importance of Gratitude

O'Hare Law Firm, Tim O'Hare, Dallas personal injury attorney, Dallas personal injury lawyer, personal injury attorney, personal injury lawyerby Tim O’Hare

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This week as we celebrate Thanksgiving, people across the country will be focused on the things for which they are grateful. For the O’Hare family, we try to make gratitude a part of our daily lives — not something we reflect on one day a year.

My wife (Christen) and I regularly reflect on the many blessings we’ve been given, and are sure to thank the source of those blessings, our heavenly Father. We also work toward teaching gratitude to our young children and give them opportunities to express their thanks through prayer as well.

Living a life of gratitude is good for the soul. It’s good for the mind. And it’s good for your health. In fact, according to University of California, Berkeley’s Greater Good Science Center, researchers have found that people who consistently practice gratitude experience a number of benefits including:

• Stronger immune systems and lower blood pressure;
• Higher levels of positive emotions;
• More joy, optimism, and happiness;
• Acting with more generosity and compassion;
• Feeling less lonely and isolated.

As a means of expressing our gratitude, we make a point of giving back to our community and to individuals within our community. Every year, both as a family and as a law firm, we choose a couple of families who are not as fortunate as we are to bless at Christmastime. This year, we will be attending a special event at our church where we will buy gifts for a family, have dinner with them, let their kids play with our kids, and then present them with gifts to take home for Christmas.

With the holiday shopping season encroaching on our day of thanks, be sure to take time on Thursday to simply be thankful. Shopping can wait one more day. I encourage you to be careful that you don’t get so wrapped up in the hustle and bustle of this season that you lose your sense of gratitude for the many blessings you have been given.

From our family to yours, Happy Thanksgiving!

By : Tim O'Hare /November 26, 2014 /Blog /0 Comment Read More
  O'Hare Blog Check out all the latest news and updates from The Law Offices of Tim O’Hare in our blog. From tips about pursuing legal action to news about Personal Injury Cases, we offer a variety of insights about Personal Injury Law. We can help you understand the world of Injury, Wrongful Death and Insurance Law, so be sure to check back frequently to read our posts. Do you have questions about our posts or have you suffered an injury from someone else’s negligence? Contact The Law Offices of Tim O’Hare today to find out how we can help.

Top 10 Most Dangerous Toys of 2014

texas bar today, ohare law firmby Tim O’Hare

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dallas personal injury lawyer, dallas personal injury attorney, Tim O'HareBlack Friday is just around the corner. As you prepare to begin your holiday shopping (or for you early starters, to continue your holiday shopping) there may be some items for your kids you want to leave off your list this year.

Each year, the advocacy group World Against Toys Causing Harm (W.A.T.C.H.) issues a list of the most dangerous toys. Here are the toys that made the 2014 W.A.T.C.H. list.

1. Air Storm Firetek Bow — According to W.A.T.C.H., young children may not understand or be able to heed the manufacturer’s warning not to aim the arrows at people or animals.

2. Radio Flyer Ziggle — The “Twist and Wiggle” toy by the ever-popular Radio Flyer should be worn with a helmet at all times — and even the safety warning recommends a helmet and other safety gear. However, the child pictured on the box of this toy is not wearing any protective gear. W.A.T.C.H. also warns that because this toy is low to the ground, children riding the toy could be more likely to be hit by a car.

3. Toysmith Catapencil — According to W.A.T.C.H., “Children of all ages, while being advised to ‘play safe and enjoy,’ are also encouraged to use a pencil-turned-catapult for ‘target practice for your desktop!’ Sharpened pencils should not be marketed as playthings, much less a miniature slingshot-style launcher.”

4. Alphabet Zoo Rock & Stack Pull Toy — Industry standard states that toys should have no longer than a 12-inch string. The string on this toy for infants and toddlers is 20-inches long, posing a strangulation hazard to children.

5. Junxing Toys Industrial SWAT Machine Gun — According to W.A.T.C.H., realistic replicas of dangerous weapons should never be available to children. “In today’s world, there is no excuse for outfitting children with realistic toy weapons designed to produce potentially dangerous and unnecessary thrills,” says W.A.T.C.H.. “Detailed replicas have resulted in a number of deaths through the years and should never be sold as toys.”

6. Spark. Create. Imagine. Wooden Instruments — There are no warnings on the packaging of this toy instrument set that includes a wooden drumstick that poses a choking hazard to young children.

7.  Science Wiz Bottle Rocket Party — Labeled for children as young as eight, W.A.T.C.H. advises the bottle rockets pose injury risk to the eyes, face, and other body parts. While it comes with yellow caution tape, safety goggles are not included.

8.  JC Toys Lol’ Cutesies Best Friends — Marketed for children as young as two, these dolls come with “a decorative bow made of ribbon which can detach from the head of the baby doll, posing the potential for choking if ingested,” says W.A.T.C.H..

9. True Legends Orcs Battle Hammer — A hard plastic hammer labeled for kids three and older measures almost two feed in length. Not only does this toy come without any warnings or cautions, a hard hammer toy could cause blunt impact injuries to children, according to W.A.T.C.H..

10. The Colored Hedgehog — Sold for infants, this stuffed toy has long hair that is not “adequately rooted,” and young children could easily remove and consume the hair, according to W.A.T.C.H..

Please note that none of the toys listed above have been recalled at this time. This list is simply a warning to parents about potentially dangerous toys.

When shopping for your children this holiday season, the U.S. Public Interest Research Group (PIRG) recommends W.A.T.C.H.ing out for toys with these potential hazards:

• Choking – The most common cause of toy-related deaths is choking. Do not buy toys with small parts for children under three. If a toy or toy part can pass through a toilet paper tube, it is too small for a child under three. Small balls and balloons also pose significant hazard to small children. Balls for children under six years of age must be 1.75 inches in diameter. Latex balls and balloons should never be given to children under 8 years old.

• Magnets – Several toys, including building toys, darts and toy jewelry use small, powerful magnets. If swallowed, these magnets can attract each other in the body, causing life-threatening complications. If a child swallows a magnet, seek immediate medical attention.

• Strangulation – Toys and clothes with cords or drawstrings are a strangulation hazard for children. Infant crib mobiles should be removed from the crib before the baby is 5 months old or can push him/herself up. Knobs or beads at the end of cords longer than one foot should be removed. Drawstrings on clothing can get caught in objects, such as playground equipment, potentially strangling a child.

• Toxic chemicals – Toys containing lead and other toxic chemicals should be avoided. Toys made of PVC plastic may contain toxic phthalates, which pose developmental hazards to children. Lead may also be found in painted toys, vinyl toys and even costume jewelry. A home lead tester, found at a hardware store, can be used to test toys for lead. Avoid products containing xylene, toluene or dibutyl phthalate.

If you think a toy or product is hazardous, report it to the Consumer Product Safety Commission at www.saferproducts.gov.

Parents can check toy recalls at www.recalls.gov.

If you or a loved one has been injured as a result of a dangerous product, contact the experienced legal team at The Law Offices of Tim O’Hare. We will help you receive all due compensation for your injury or loss.

Call The Law Offices of Tim O’Hare for your FREE Case Evaluation
972-960-0000 or Toll-Free 888-960-0020

 

 

 

By : Tim O'Hare /November 20, 2014 /Dallas Personal Injury Attorney /0 Comment Read More
  O'Hare Blog Check out all the latest news and updates from The Law Offices of Tim O’Hare in our blog. From tips about pursuing legal action to news about Personal Injury Cases, we offer a variety of insights about Personal Injury Law. We can help you understand the world of Injury, Wrongful Death and Insurance Law, so be sure to check back frequently to read our posts. Do you have questions about our posts or have you suffered an injury from someone else’s negligence? Contact The Law Offices of Tim O’Hare today to find out how we can help.

Tips for Safe Thanksgiving Travel

by Tim O’Hare

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Thanksgiving travel safety, Thanksgiving travel, holiday travel safety tips, holiday travel safety, holiday travel, car accident, car accident lawyer, car accident attorney, Tim O'Hare, personal injury lawyer, personal injury attorney, Dallas personal injury lawyer, Dallas personal injury attorneyThe Thanksgiving holiday is one of the busiest long-distance travel periods of the year, according to the U.S. Department of Transportation. Travel for Thanksgiving typically spans a six-day period, during which travel on long-distance trips increases by 54 percent, compared to the average over the rest of the year. Surprisingly, Thanksgiving Day is an even busier travel day than the Wednesday before Thanksgiving.

With more people on the roads during the Thanksgiving holiday, more accidents are prone to happen. The National Safety Council ranks Thanksgiving among the most dangerous holidays in America, based on the number of traffic accidents and fatalities that occur. Other dangerous holidays include Christmas, New Year’s, Memorial Day, Labor Day, and Independence Day.

Don’t let a car accident ruin your Thanksgiving holiday. Here are seven tips to ensure safe Thanksgiving travel for you and your family.

  • Be sure your vehicle is in working order prior to leaving town. Check your vehicle fluid levels, battery and fill up with gas before leaving. Proper car maintenance and a full tank of gas can go a long way to ensure you don’t become stranded during your travels.
  • Have a plan. Be prepared with emergency supplies in case of an accident, breakdown or medical emergency. A basic emergency kit should include a flashlight, blanket, first-aid kit, tools and bottled water. Many accidents occur when drivers become stranded on the side of the highway. If your vehicle breaks down or you are in an accident, remember your safety is most important. If possible, pull the car completely onto the shoulder or off of the road. All vehicle occupants should exit the vehicle on the side opposite oncoming traffic and wait for help as far back from the road as possible. Turn on your hazard lights and set up safety triangles behind and next to your vehicle to warn other drivers.
  • Don’t overload your vehicle. Your car has a specified weight limit. Check the load capacity on your car, which is typically printed on a label inside the driver’s side door, to be sure you aren’t overloading your vehicle with luggage and passengers.
  • Recognize “Move Over” laws. Keep your eyes out for other drivers who may be stranded. If you see a vehicle on the side of the road, slow down and move over.
  • Don’t drive distracted. Drinking and driving, as well as texting while driving are leading causes of accidents nationwide. Drivers who text while driving are four times more likely to be in a car accident. Keep your focus on the road.
  • Avoid late night driving. Nighttime makes it more difficult to see the road as well as other traffic. Plan your holiday trip to avoid traveling at night.
  • Drive in the right lane.  Sticking to the right lane can save your life from drunk drivers, and wrong-way drivers alike. Often times drunk drivers drift out of their lane or into oncoming traffic. The further you are to the right of the road, the better your chances of avoiding being side swiped or hit head-on by a drunk driver.

If you or a loved one has been injured or even killed as the result of a car accident, contact The Law Offices of Tim O’Hare for a free consultation with a Dallas personal injury attorney.

Call The Law Offices of Tim O’Hare for your FREE Case Evaluation
972-960-0000 or Toll-Free 888-960-0020

 

 

By : Tim O'Hare /November 14, 2014 /Blog, Dallas Personal Injury Attorney /0 Comment Read More
  O'Hare Blog Check out all the latest news and updates from The Law Offices of Tim O’Hare in our blog. From tips about pursuing legal action to news about Personal Injury Cases, we offer a variety of insights about Personal Injury Law. We can help you understand the world of Injury, Wrongful Death and Insurance Law, so be sure to check back frequently to read our posts. Do you have questions about our posts or have you suffered an injury from someone else’s negligence? Contact The Law Offices of Tim O’Hare today to find out how we can help.

How dangerous is your job?

by Tim O’Hare

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dallas personal injury lawyerNobody expects to go to work and never come home, but for 11 Americans each day, that’s what happens.

According to the U.S. Department of Labor, an average of 11 Americans will die on the job every day this year, and another 50,000 will die from illness they contract while at work. These numbers exclude the millions more who are injured on the job every year.

Jobs that put workers at the highest risk include construction, mining, agriculture, transportation, and warehousing, although according to the National Safety Council’s Injury Facts 2014 report, more than 400 people with desk jobs (accountants, lawyers, architects, engineers, etc) and government jobs died at work in 2012.

The 10 most dangerous industries in America in 2013 were:

Industry Number of at-work deaths Deaths per 100,000 full-time equivalent workers
Agriculture, forestry, fishing, and hunting 479 22.2
Transportation and Warehousing 687 13.1

 

Mining, quarrying, and oil and gas extraction 154 12.3
Construction 796 9.4
Wholesale trade 190 5.1
Professional and business services 408 2.6
Utilities 23 2.4
Other services (excluding public administration) 179 2.6
Manufacturing 304 2.0
Government 476 2.0

Source: Bureau of Labor Statistics

The people with the most dangerous jobs within these industries include:
loggers, fishermen, pilots, roofers, sanitation workers, mining machine operators, truck drivers, farmers and ranchers, power linemen, and construction workers.

The majority of work-related injuries occur in transportation accidents — most often car accidents — (41 percent), followed by violence in the workplace (18 percent), and slips, trips, and falls (15 percent).

You may not consider your job to be dangerous, but a work-related accident can happen to you.

If you have suffered an injury at work, you may be entitled to monetary damages including reimbursement for medical expenses, pain and suffering, mental and emotional anguish, lost wages and benefits, future earnings, and diminishment of enjoyment of life due to your injury. Spouses of the injured may also be entitled to collect damages for the loss of pleasure or companionship.

In cases where a workplace injury was the result of gross negligence on the part of another individual or entity, such as an employer or manufacturer, you may be able to collect punitive damages to punish the wrongdoer and to prevent the misconduct from being repeated in the future.

If you have been injured in a work-related accident, trust your case to a professional who will handle your case with extreme care and integrity. The Law Offices of Tim O’Hare has represented clients against employers, manufacturers and other defendants who have caused workplace injuries, and we have successfully handled numerous cases. We know which medical experts and occupational experts you will need, and our personal injury attorneys will stick with your case no matter how long it takes.

If you have suffered an injury while on-the-job, contact the experienced legal team at The Law Offices of Tim O’Hare. We will help you receive all due compensation for your injury or loss.

Call The Law Offices of Tim O’Hare for your FREE Case Evaluation 972-960-0000 or Toll-Free 888-960-0020

By : Tim O'Hare /November 06, 2014 /Blog, Dallas Personal Injury Attorney /0 Comment Read More
  O'Hare Blog Check out all the latest news and updates from The Law Offices of Tim O’Hare in our blog. From tips about pursuing legal action to news about Personal Injury Cases, we offer a variety of insights about Personal Injury Law. We can help you understand the world of Injury, Wrongful Death and Insurance Law, so be sure to check back frequently to read our posts. Do you have questions about our posts or have you suffered an injury from someone else’s negligence? Contact The Law Offices of Tim O’Hare today to find out how we can help.

Massive Car Recall Reveals Potentially Deadly Airbag Defect in Millions of Cars

by Tim O’Hare

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Tim O'Hare, Dallas personal injury lawyer, Dallas personal injury attorney, car recall, auto recall, automobile recall, personal injury lawyer, personal injury attorney, Dallas personal injury lawyer, Dallas personal injury attorney, Tim O'HareThere’s more news in the automotive industry, and it’s not good. The latest development in a year full of car recalls is a massive airbag recall affecting more than seven million vehicles in the U.S. from multiple automakers, and more than 16 million vehicles globally.

Passenger front airbags affected by this recall are known to explode sending shrapnel into the vehicle, causing serious injury, and in a few cases, even death. When the airbags inflate in a crash, they can tear loose from the brackets that hold them, blowing pieces of those brackets into the faces and chests of occupants. This danger is thought to be amplified in areas of high humidity.

A New York Times report in September found that there had been at least 139 reported injuries from the defective airbags, and at least 2 deaths.

An initial recall by the airbag manufacturer, Takata, was announced in April 2013, and affected only six vehicle makes, but in recent news we have learned that many more vehicles may be affected than originally thought.

On October 20, another major recall was issued across several brands, some of which have issued warnings to owners of affected vehicles not to use the passenger seat until the airbag is replaced. Mostly older model vehicles are affected, although there are a few more recent models on the recall list.

As of October 22, this is the list of affected vehicles from NHTSA:

BMW: 627,615 total number of potentially affected vehicles

2000 – 2005 3 Series Sedan
2000 – 2006 3 Series Coupe
2000 – 2005 3 Series Sports Wagon
2000 – 2006 3 Series Convertible
2001 – 2006 M3 Coupe
2001 – 2006 M3 Convertible

Chrysler: 371,309 total number of potentially affected vehicles

2003 – 2008 Dodge Ram 1500
2005 – 2008 Dodge Ram 2500
2006 – 2008 Dodge Ram 3500
2006 – 2008 Dodge Ram 4500
2008 – Dodge Ram 5500
2005 – 2008 Dodge Durango
2005 – 2008 Dodge Dakota
2005 – 2008 Chrysler 300
2007 – 2008 Chrysler Aspen

Ford: 58,669 total number of potentially affected vehicles

2004 – Ranger
2005 – 2006 GT
2005 – 2007 Mustang

General Motors: undetermined total number of potentially affected vehicles

2003 – 2005 Pontiac Vibe
2005 – Saab 9-2X

Honda: 5,051,364 total number of potentially affected vehicles

2001 – 2007 Honda Accord
2001 – 2005 Honda Civic
2002 – 2006 Honda CR-V
2003 – 2011 Honda Element
2002 – 2004 Honda Odyssey
2003 – 2007 Honda Pilot
2006 – Honda Ridgeline
2003 – 2006 Acura MDX
2002 – 2003 Acura TL/CL
2005 – Acura RL

Mazda: 64,872 total number of potentially affected vehicles

2003 – 2007 Mazda6
2006 – 2007 MazdaSpeed6
2004 – 2008 Mazda RX-8
2004 – 2005 MPV
2004 – B-Series Truck

Mitsubishi: 11,985 total number of potentially affected vehicles
2004 – 2005 Lancer
2006 – 2007 Raider

Nissan: 694,626 total number of potentially affected vehicles

2001 – 2003 Nissan Maxima
2001 – 2004 Nissan Pathfinder
2002 – 2004 Nissan Sentra
2001 – 2004 Infiniti I30/I35
2002 – 2003 Infiniti QX4
2003 – 2005 Infiniti FX35/FX45

Subaru: 17,516 total number of potentially affected vehicles
2003 – 2005 Baja
2003 – 2005 Legacy
2003 – 2005 Outback
2003 – 2005 Baja
2004 – 2005 Impreza

Toyota: 877,000 total number of potentially affected vehicles
2002 – 2005 Lexus SC
2002 – 2005 Toyota Corolla
2003 – 2005 Toyota Corolla Matrix
2002 – 2005 Toyota Sequoia
2003 – 2005 Toyota Tundra

If you want to know if your vehicle is affected by this car recall, you can perform a recall search by VIN on the NHTSA website.

If you have been seriously injured or lost a family member in a car accident caused by a vehicle defect or recalled car, contact The Law Offices of Tim O’Hare to speak with a Dallas personal injury attorney.

Call The Law Offices of Tim O’Hare for your FREE Case Evaluation 


972-960-0000 or Toll-Free 888-960-0020

 

By : Tim O'Hare /October 28, 2014 /Blog, Dallas Personal Injury Attorney /0 Comment Read More
  O'Hare Blog Check out all the latest news and updates from The Law Offices of Tim O’Hare in our blog. From tips about pursuing legal action to news about Personal Injury Cases, we offer a variety of insights about Personal Injury Law. We can help you understand the world of Injury, Wrongful Death and Insurance Law, so be sure to check back frequently to read our posts. Do you have questions about our posts or have you suffered an injury from someone else’s negligence? Contact The Law Offices of Tim O’Hare today to find out how we can help.

Tips to Keep Your Trick-or-Treaters Safe This Halloween

by Tim O’Hare

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Tim O'Hare, dallas personal injury lawyer, dallas personal injury attorneyHalloween is a fun holiday for families, but it can also be a dangerous holiday. Children are twice as likely to be hit by a car on Halloween than on any other day of the year (safekids.org). Don’t let your Halloween end in a real scare. Keep your kids safe with these Halloween safety tips:

Trick-or-treating safety tips for children

Be sure costumes and shoes fit properly. Avoid long or oversized costumes that might be a trip hazard for little ones. If your child’s costume includes special shoes, be sure they fit well and your child can walk easily in them.
Be sure kids can see clearly. If your child is wearing a mask, be sure the eyeholes are big enough that your little one can see clearly. A safe alternative to a mask is glow-in-the-dark face paint.
Be sure drivers can see your children. It can be very difficult for drivers to see young children on the roads at night, especially when they are wearing a dark costume. Attach reflective tape or glow-in-the-dark stickers to costumes and have your child wear glow-in-the-dark bracelets and necklaces.
Trick or treat during daylight hours. There’s plenty of fun to be had before the sun sets on Halloween. Take your kids out for trick-or-treating early and plan fun activities or a special movie night for when you get home.
Don’t let children go out alone. Children should not go trick-or-treating without adult supervision. If you are unable to take your kids out yourself, arrange to have an adult family member or friend go with your kids instead. Adult escorts should carry a flashlight for better visibility if out after dark.
Always use cross walks. Remind children to stay on the sidewalks, and to only cross the street at a designated crosswalk. If there are no crosswalks in the neighborhood, cross at a well-lit street corner. Do not take shortcuts through backyards or alleys.

Safety tips for drivers on Halloween

Put away distractions. That phone call or text message can wait. Put away your cell phone and pay attention to the roads.
Drive slowly in neighborhoods. Watch closely for children who may dart into the street.
Don’t drink and drive.

Other safety tips

• Advise your children that they should never enter a stranger’s home.
• Remind your children that they should never accept rides from strangers.
• Set a specific time limit for your children to be out on Halloween night.
• Know what route your children will be taking.
• If you notice suspicious behavior in your neighborhood, don’t hesitate to call 911.

If you have been seriously injured or lost a family member in a car accident, or an accident on someone else’s property, contact the experienced legal team at The Law Offices of Tim O’Hare.

Call The Law Offices of Tim O’Hare for your FREE Case Evaluation 


972-960-0000 or Toll-Free 888-960-0020

 

 

By : Tim O'Hare /October 22, 2014 /Blog /0 Comment Read More
  O'Hare Blog Check out all the latest news and updates from The Law Offices of Tim O’Hare in our blog. From tips about pursuing legal action to news about Personal Injury Cases, we offer a variety of insights about Personal Injury Law. We can help you understand the world of Injury, Wrongful Death and Insurance Law, so be sure to check back frequently to read our posts. Do you have questions about our posts or have you suffered an injury from someone else’s negligence? Contact The Law Offices of Tim O’Hare today to find out how we can help.

Why You Need a Will

by J. Branden Snyder

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Dallas wills and trust lawyerPreparing your will may not be a pleasant thought, but it is vitally important. No matter your age or how healthy you are, you never know what tomorrow holds. By taking time to prepare your will now, you can save your loved ones additional stress when that day comes.

In your will, you can designate who should receive your property and other assets when you pass away and how those assets should be divided; name an individual you choose to look after any minor children; specify funeral and burial wishes; and leave money to a church or charity.

There are many reasons every adult should have a will — these are some the most important:

1. A will allows you to determine who your beneficiaries will be. If you die without a will, the State of Texas will determine the division of your property and who your beneficiaries will be. If you have children, or children from a previous marriage, the division of your assets can be a complicated process. By drafting a will, you will be able to clearly identify your beneficiaries and how you want your property to be divided.

2. A will allows you to designate a guardian for your children. In the event that you pass away while your children are minors, your will can designate who will care for your children after your passing. If you die without a will, the court will appoint a person to serve as guardian for any minor children, if no other parent is alive or capable.

3. In your will, you can nominate an executor for your estate. In your will, you can also designate who should serve as executor of your estate. This is the person who will be responsible for dividing your assets and property according to your wishes.

4. By preparing your will, you will make things as simple as possible for your surviving family. This may be the most important reason everyone needs a will. Dealing with the loss of a loved one is hard enough, but that loss can be compounded by the stress of administering the deceased’s estate. Drawing up a proper will, and letting your spouse, children and family members know what your wishes are will help ease the added burden they would otherwise experience upon your death.

To prepare your will, you should work with an experienced attorney who can guide you through the process. Your attorney will explain the legal terms and ensure that your will is written properly so there are no questions in the event of your death. Your attorney can also help review your financial assets and double check who can receive what from your retirement accounts.

Do you need to prepare your will or update an existing will? Contact the experienced legal team at The Law Offices of Tim O’Hare to speak with a reputable attorney who can help you draw up your will.

Call The Law Offices of Tim O’Hare for your FREE Case Evaluation

972-960-0000 or Toll-Free 888-960-0020

 

By : Tim O'Hare /October 10, 2014 /Blog, General Civil Law /0 Comment Read More
  O'Hare Blog Check out all the latest news and updates from The Law Offices of Tim O’Hare in our blog. From tips about pursuing legal action to news about Personal Injury Cases, we offer a variety of insights about Personal Injury Law. We can help you understand the world of Injury, Wrongful Death and Insurance Law, so be sure to check back frequently to read our posts. Do you have questions about our posts or have you suffered an injury from someone else’s negligence? Contact The Law Offices of Tim O’Hare today to find out how we can help.

FAQs About Adult Guardianship in Texas

by J. Branden Snyder

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Dallas personal injury lawyerWhen we think about a guardianship, we often apply the concept to the guardianship of a child, but there are situations in life that may require the guardianship of an adult. At some point in your life, you may encounter a situation in which a loved one, such as an aging parent, can no longer make decisions for him or herself. In such situations, you may seek a court-ordered guardianship of your loved one in order to care for him or her, managing health and financial affairs.

Here are the answers to some frequently asked questions about adult guardianships in the state of Texas.

What is a guardianship? 

Guardianship is the legal process to name an individual or entity (such as a state agency) as the protective guardian over an adult who is incapacitated. According to the Texas Probate Code, an incapacitated person is: “an adult individual who, because of a physical or mental condition, is substantially unable to provide food, clothing, or shelter to himself or herself, to care for the individual’s own physical health, or to manage the individual’s own financial affairs.”

A court-named guardian makes decisions on behalf of the incapacitated individual.

What are the responsibilities of a guardian?

Chapter 13 of the Texas Probate Code defines the responsibilities of a guardian as including (but not limited to):

• Providing care, supervision, and protection for incapacitated persons who qualify for guardianship services under the laws of the state of Texas.
• Arranging for services, including medical, mental health, and/or services to persons with intellectual disabilities, for these persons under guardianship that qualify for such services.
• Arranging for placement in facilities, such as long-term care facilities, hospitals, or foster homes.
• Managing estates.
• Making medical decisions.

What must I do to get a guardian appointed for someone I know who meets the definition of an incapacitated person?

The first step in getting a guardian appointed for an incapacitated individual is to hire an attorney who has experience with Texas guardianship laws. There are specific procedures in place for proving the need for guardianship, and most are too complicated for one to understand without the help of a lawyer. Also, in most cases, the courts will not consider an application for guardianship that has not been filed by an attorney.

Once you have hired an attorney, the next step is to clearly and convincingly prove incapacitation of the individual in question. Requirements for this include filing a certificate with the court from a doctor who has examined the individual. An attorney can advise you on the specific requirements for the certificate and examination.

After the application for guardianship and certificate from a physician have been filed with the court, the court will appoint an attorney, called an attorney ad litem, to represent the individual in question.

Who can be appointed guardian?

Once the court has determined that a guardian is needed, there is a priority list the court must follow in selecting a guardian. If the incapacitated individual is an adult, the following persons have priority for guardianship in this order:

• the individual designated by the incapacitated individual (ward) prior to his or her incapacitation in a properly executed designation of guardian
• the individual designated by the last surviving parent of the ward in a properly executed designation of guardian
• the ward’s spouse
• next of kin
• non-relative

In cases where more than one person of the same priority desires to be guardian, the court will choose the person best qualified to serve. The court also has authority to skip over a person who ranks higher on the list of priority if that individual is determined ineligible.  Some factors that might determine ineligibility include (but are not limited to): age, incapacitation, conflict of interest with the ward, inexperience, lack of education, incapable of properly managing the ward’s estate, someone who is not a resident of Texas and has not designated an agent in Texas for service of process.

If you have questions about adult guardianship, or believe a loved one is in need of a guardian, contact the experienced legal team at The Law Offices of Tim O’Hare for a reputable attorney who can review your case and advise you on the most ideal course of action.

Call The Law Offices of Tim O’Hare for your FREE Case Evaluation

972-960-0000 or Toll-Free 888-960-0020

By : Tim O'Hare /October 02, 2014 /Blog, General Civil Law /0 Comment Read More
  O'Hare Blog Check out all the latest news and updates from The Law Offices of Tim O’Hare in our blog. From tips about pursuing legal action to news about Personal Injury Cases, we offer a variety of insights about Personal Injury Law. We can help you understand the world of Injury, Wrongful Death and Insurance Law, so be sure to check back frequently to read our posts. Do you have questions about our posts or have you suffered an injury from someone else’s negligence? Contact The Law Offices of Tim O’Hare today to find out how we can help.

Medical Directives and Power of Attorneys: Do I need one?

by J. Branden Snyder

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dallas power of attorney, dallas medical directive, dallas wills and trusts lawyerPreparing legal documents such as medical directives and power of attorneys can be confusing. Here is your guide to the differences between a medical directive and power of attorney, and how to know what you need.

Medical Directives

A medical directive (also known as an advance directive) is written, legal instructions on your preferences regarding medical care in the event that you are unable to make decisions for yourself. Medical directives guide doctors and caregivers on your preferences if you become terminally ill, seriously injured, are in a coma, in late stages of dementia, or near the end of life.

Though it may seem like a daunting task, choosing to prepare an advance medical directive relieves your family and caregivers of the burden of decision-making on your behalf and allows them to focus on the moment of crisis and deal with their own grief. Medical directives can also help to eliminate disagreements between your loved ones on how to care for you should you be unable to make decisions for yourself.

Some of the decisions you might outline in your medical directive include your wishes regarding:

• Resuscitation
• Mechanical ventilation
• Tube feeding
• Dialysis
• Antibiotics and antiviral medications
• Comfort care
• Organ and tissue donation

Medical directives are commonly mistaken as being for elderly adults alone, but the truth is that adults of all ages should consider preparing such documents, as we never know when end-of-life circumstances may occur.

Power of Attorney

A power of attorney, sometimes called a durable power of attorney or a health care proxy, is a specific type of advance directive that names an individual to make decisions on your behalf in the event that you are unable to make decisions for yourself. That person might be a spouse, adult child, other relative, or friend.  You may also select an alternate in the event the person you choose is unable to fulfill his or her duties as your power of attorney.

When selecting someone to serve as your power of attorney, choose someone who:

• Meets your state’s requirements for power of attorney.
• Is not a member of your health care team.
• Is willing to discuss your medical and end-of-life wishes with you.
• Is trusted to make decisions based on your preferences and values.
• Can serve as an advocate on your behalf in the event that there are disagreements about your medical care.

A medical directive relieves your loved ones of some of the stresses involved with making end-of-life decisions, and a power of attorney takes it one step further by specifically naming an individual to be the final say on all decisions regarding your care. While one can function without the other, both are recommended to ensure you receive medical care based on your wishes and values.

Are you ready to prepare your medical directives and/or power of attorney? Contact the experienced legal team at The Law Offices of Tim O’Hare for a reputable attorney who can help prepare these important legal documents.

Call The Law Offices of Tim O’Hare for your FREE Case Evaluation

972-960-0000 or Toll-Free 888-960-0020

 

By : Tim O'Hare /September 24, 2014 /General Civil Law /0 Comment Read More
  O'Hare Blog Check out all the latest news and updates from The Law Offices of Tim O’Hare in our blog. From tips about pursuing legal action to news about Personal Injury Cases, we offer a variety of insights about Personal Injury Law. We can help you understand the world of Injury, Wrongful Death and Insurance Law, so be sure to check back frequently to read our posts. Do you have questions about our posts or have you suffered an injury from someone else’s negligence? Contact The Law Offices of Tim O’Hare today to find out how we can help.

Riding Safe: Motorcycle Safety for All Drivers

by Tim O’Hare

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dallas personal injury lawyer, dallas personal injury attorneyCooler fall weather is approaching, and that means you may see more motorcyclists out on Texas roadways. Did you know motorcyclists are more likely to die in a crash than drivers or passengers of a car or truck?

Ninety-eight percent of motorcycle riders who are involved in accidents are injured. In 2010, the federal government estimated that the number of fatalities in motorcycle accidents was about 30 percent higher than the number of fatalities in car crashes.

Motorcyclists must do their part to stay safe by riding smart, riding sober, and always wearing a helmet, but keeping motorcyclists safe on the roads is also the responsibility of all drivers. No matter what kind of vehicle you drive, it is your responsibility to share the road with motorcyclists and other motorists and take certain precautions to avoid an accident that could otherwise be prevented.

Do your part to keep all drivers safe with these tips:

  • Check twice for traffic when changing lanes or turning at intersections. The profile of a motorcycle is much smaller than that of a car or truck. A motorcycle’s small size can not only make it more easily hidden from the sight of a vehicle driver, but it can also make it appear further away than it is. The smaller size of motorcycles can also make it difficult for other motorists to judge how fast a motorcycle is traveling.
  • Don’t follow motorcyclists at close distances. Some motorcyclists slow their speed by downshifting rather than breaking. Motorists should allow at least 3 to 4 seconds following distance, and predict when a motorcyclist in front of them may slow down. When roads are wet, motorcycles can have a difficult time stopping quickly, and should be allowed more space from other motorists.
  • Be aware that a motorcyclist may often change positions in a lane. Motorcycles do not respond to road hazards, such as debris and potholes as well as other vehicles might. Because of this, a motorcyclist might often be seen changing his or her position within a lane, to avoid potential hazards. Motorcyclists may also change positions in a lane to be seen more easily by other drivers.

When we put down distractions and keep ourselves aware of our surroundings and of others who are on the roads with us, Texas roads will be safer for all drivers. If you would like more information on sharing the road with motorcyclists, read this list of tips from the Motorcycle Safety Foundation.

If you have been seriously injured or lost a family member in a motorcycle accident, contact the experienced legal team at The Law Offices of Tim O’Hare, the Dallas personal injury attorney who has been riding motorcycles for most of his adult life. Hiring a lawyer who also rides to handle your motorcycle case is the right choice.

Call The Law Offices of Tim O’Hare for your FREE Case Evaluation 


972-960-0000 or Toll-Free 888-960-0020

By : Tim O'Hare /September 10, 2014 /Blog, Dallas Personal Injury Attorney /0 Comment Read More
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