O’Hare Law 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.

Dog Bite Injuries and the Law – Will Dallas Cowboys QB Dak Prescott Face Legal Trouble Over Dog Bite?

by Dallas Personal Injury Lawyer, Tim O’Hare

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Dak Prescott is in the news and this time, not for his talent on the football field. A Frisco, Texas resident is recovering from non-life-threatening injuries received after the resident was bitten by a dog allegedly belonging to the NFL star.

On Monday, Feb. 25, Frisco Police Officers and Animal Services Officers responded to a call from a Frisco resident who saw a loose dog in their front yard fighting with their own dog through a fence. The resident exited the home and found two loose dogs. One of those dogs bit the resident, who was transported to a local hospital by Frisco Fire Department Paramedics.

Both dogs were located and captured and it was discovered the two dogs were owned by Cowboys’ QB, Dak Prescott, who was not home at the time. The dogs allegedly escaped Prescott’s residence through an unsecure door.

The dog responsible for the bite was transported to the Collin County Animal Shelter, where it remains in quarantine for a total of 10 days. The other dog was returned to Prescott’s home.

Will Prescott be held responsible for the injury caused by his dog?

In some states, an owner of a dog who bites a person could face criminal charges. Texas does not have an existing dog bite statute, but adheres to the “one bite rule,” meaning a dog bite victim can sue for compensation from the dog’s owner, harborer or keeper only if the dog previously bit a person or acted as if it wanted to, or if the defendant was aware of the dog’s previous conduct. There are some exceptions to this rule.

Some cities require the dogs to be put down, while others require extensive security features, such as locked gates, locked fences and dog enclosures. Prescott can be ticketed under the Dog at Large offense, which is a class C misdemeanor, punishable with a fine of up to $500.

Each day in the U.S., an estimated 1,000 people require emergency care as the result of a dog bite injury. Dog bites can cause serious bodily injury, including scarring, serious infections, hospitalization and in some cases, even death. Like other personal injury cases, dog bites may be the result of negligence on the part of the owner and the victim may be due compensation for medical bills, pain and suffering. Unfortunately, pet owners who lose their pet as the result of a dog attack are only permitted to recover vet expenses and replacement cost of the lost dog.

If you or a loved one has been the victim of a dog bite, contact a Dallas personal injury attorney who has the knowledge and understanding of Texas dog bite laws to ensure you receive all due compensation for your pain and suffering.

It may be common sense, but here are a few guidelines you should follow — and teach your children — to avoid being the victim of a vicious dog bite attack.

  • Never treat a dog unkindly.
  • Don’t bother a dog who is busy (eating, drinking, etc.)
  • Never approach a dog you don’t know.
  • Remain calm around dogs.
  • If a stray dog approaches you, stay calm and quiet.

If you have been the victim of a dog bite, don’t fight the legal battle alone. Contact a Texas SuperLawyer, personal injury lawyer Tim O’Hare in Dallas or Carrollton at The Law Offices of Tim O’Hare. We will fight hard for you to make sure you receive the financial recovery you deserve.

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

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



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By : Tim O'Hare /March 04, 2019 /Dallas Personal Injury Attorney /0 Comment Read More

Slip and Fall Accidents: Who’s Responsible for Your Injury?

by Texas Slip and Fall Injury Lawyer, Tim O’Hare

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Slip and fall accidents happen. But is there someone who can be held responsible? If you are injured in a fall on another’s property, who should cover the medical bills from treating your injury?

Slip and fall incidents generally fall under the “premises liability” category of personal injury law. When a property owner is negligent in maintaining a safe environment, including repair and upkeep of the property, they may be held liable if someone is injured while visiting their property. This can apply to both business owners and homeowners.

In many states, premises laws require property owners to exercise reasonable care to ensure the property — including interior aisles, passageways and floors — remain in a safe condition and that the property is free of hazardous conditions that may present a danger to someone visiting the property. Property owners have the responsibility to manage their property in such a way that others are not at risk of injury while on the property.

If someone is injured while on another’s property, the injured party may file a premises liability claim against the owner of the property if it can be proven that the owner was negligent in keeping his or her property safe. This is the key.  Property owners are NOT responsible for your medical expenses or other damages just because an injury occurred on their property. Their negligence must be the cause of the injury. Though both commercial property owners and homeowners may be held responsible for injuries occurring on their property, most premises liability cases are brought against the owners of commercial properties.

Common examples of premises liability or slip and fall cases include:

  • A slip and fall at a commercial establishment caused by liquids or another foreign substance
  • A trip and fall caused by unsafe property conditions

Premises liability may also include cases pertaining to:

  • Construction site accidents
  • Assaults by employees or business patrons
  • Negligent Security

Premises liability cases can be tricky, as it must be proven that the property owner was negligent. In Texas, successful premises liability lawsuits must prove these five elements:

A condition existed on the property in question that posed an unreasonable risk of harm to other individuals on the property.

  1. The property owner knew or should have known his or her property was in such condition to pose risk of injury to others.
  2. The property owner should have anticipated that others not discover the danger of the property or be able to protect themselves against it. (Thus taking action with necessary maintenance or changes to the property to avoid injury to others.)
  3. An individual was injured on the property in question.
  4. The injury was a direct result of the dangerous condition on the property in question.

If you have suffered injury or harm due to a hazard on a private or commercial property, it is important to document the accident with photos. Take pictures of the hazard. Get the names and phone numbers of as many witnesses as possible. These witnesses will play a significant role in the success of your case. And, most importantly, work with a personal injury lawyer who is experienced and has a record of success in premises liability cases. Contact The Law Offices of Tim O’Hare to speak with a Texas slip and fall lawyer today.

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 /February 25, 2019 /Blog, Dallas Personal Injury Attorney /0 Comment Read More

What You Need to Know About Workers’ Compensation in Texas

by Texas Christian injury lawyer, Tim O’Hare

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If you’ve been injured at work, don’t assume your employer carries workers’ compensation coverage. Unlike other states which often require businesses to hold workers’ compensation insurance, it is not mandated under Texas law.

It’s important that you know your rights and the laws surrounding work-related injuries and workers’ compensation in Texas. Here’s what you need to know.

Your Employer Does Carry Workers’ Compensation Coverage

Workers’ compensation insurance limits the amount and type of compensation an injured employee may receive. The three main types of benefits under workers’ compensation coverage include: medical, income and death benefits.

Under workers’ compensation law, any illness or injury sustained in the course and scope of employment is covered, without regard to fault. However, injury sustained as the result of willful criminal acts, self-injury, horseplay, intoxication, voluntary participation in an off-duty activity or acts of God are not covered.  

If your employer does carry workers’ compensation insurance and you are injured at work, you must file an injury report with your employer within 30 days of the injury. Do not provide a recorded statement of any kind to your employer without first seeking legal consultation and do not attempt to settle your injury case without an attorney working on your behalf.

Your Employer Does Not Carry Workers’ Compensation Coverage

If your employer does not carry workers’ compensation insurance, or if you are not eligible for workers’ comp benefits, you have the right to pursue a personal injury claim or lawsuit. A claim or suit will only be successful if the employer was negligent. Depending on the circumstances and the nature of your work injury, you may be entitled to money for medical bills, pain, emotional trauma, lost wages, deterioration of quality of live and the reduction of your future earning potential.

Accidents in the workplace can result in a wide range of minor to serious injuries. If you have been injured at work, let our experienced attorneys advise you. While we don’t handle strictly workers’ compensation cases, sometimes you can pursue a claim against a third party, even if your employer does have workers’ comp.  It is best to consult with an attorney who can provide you with your options. If we do represent you, we can refer you to quality medical care if you don’t have your own doctor or can’t afford co-pays or your deductible. We will fight aggressively for you and work with you to help you recover what you are due. Contact us today to learn more about job injuries. We handle construction cases, brain injuries, spinal cord injuries, burns, electrocutions, and many other on-the-job Injury related cases.

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 /February 11, 2019 /Blog, Dallas Personal Injury Attorney /0 Comment Read More

Bus Accidents: The Tragic Statistics

by Dallas Bus Accident Injury Attorney, Tim O’Hare

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Bus accidents happen daily in the United States. Although they are often considered some of the safest vehicles on the road, each year, thousands of people are involved in school bus or tour bus accidents nationwide. In 2014 — the last year the U.S. Department of Transportation Bureau of Transportation Statistics compiled bus accident statistics — 69,000 accidents involving buses of all types occurred.

These accidents leave thousands injured, and tragically, many killed. Just last fall, in one week alone, five children lost their lives in school bus-related accidents. A local Mesquite student was killed at the start of the 2018-2019 school year in a terrifying fiery bus crash. According to the NHTSA, on average, six children die each year while passengers on school buses. In December, an Alaskan town mayor and her mother were fatally struck and killed by a tour bus.

Tour bus accidents happen more frequently than school bus accidents, and are often catastrophic due to the frequent high rates of speed involved in a tour bus crash. In 2017, a New Braunfels church bus crash claimed the lives of 13 people, leaving just one survivor on the bus.

The leading cause of bus accidents is negligence behind the wheel — driver fatigue, distracted driving and drunk driving are frequently to blame. Mechanical failure is another common cause of bus accidents.

Keeping our kids and families safe on the roads is dependent on improving driver responsibility — for all drivers. Bus drivers and other drivers can help make our roads safer by doing their best to avoid the following unsafe driving practices:

  • Sudden lane changes
  • Speeding, especially in bad weather or unsafe conditions
  • Blocking bus lanes
  • Veering off the road to avoid a collision
  • Walking out in front of a bus

If you have been injured in a bus accident — as a passenger on the bus, or a victim who has been hit by a bus — you need to know your rights and work with a knowledgeable personal injury lawyer who will fight for you to recover all due you for your injury and losses.

Our winning reputation in bus accident cases precedes us. We once settled a case for $2.5 million for a client who had suffered catastrophic injuries when the driver of a bus plowed into him after falling asleep at the wheel. We also settled a case for a client who was a passenger on a Greyhound bus when the driver was on the phone while driving and caused an accident.

If you or a loved one are the victim of a bus accident caused by the bus driver’s negligence or fatigue and have suffered bodily injury or property damage, you are entitled to compensation for your losses. Contact the experienced legal team at The Law Offices of Tim O’Hare today. 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 /January 27, 2019 /Blog, Dallas Personal Injury Attorney /0 Comment Read More

Tesla and Ford Affected by Latest Round of Recalls Over Deadly Airbags. Here’s What You Need to Know.

by Dallas Car Accident Injury Attorney, Tim O’Hare

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In what has become the largest series of recalls in U.S. history, Ford has announced the recall of more than 953,000 vehicles (782,000 in the U.S.) over Takata airbags. The passenger air bag inflators can explode, hurling shrapnel, causing serious and even deadly injuries.

Included in the latest recall are the:

  • 2010 Ford Edge
  • 2010 Lincoln MKX
  • 2010 and 2011 Ford Ranger
  • 2010 to 2012 Ford Fusion
  • 2010 to 2012 Lincoln MKZ
  • 2010 and 2011 Mercury Milan
  • 2010 to 2014 Ford Mustang
  • Tesla Model S

Worldwide, at least 23 people have been killed by exploding inflators, though Ford says it doesn’t know of any injuries in their vehicles included in this recall.

There’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.

The chemical ammonium nitrate is used to create an explosion causing the airbags to inflate. Overtime, this chemical is known to deteriorate from heat and humidity, exploding with too much force and blowing apart the metal canister designed to contain the explosion.

In 2017, a New York Times report stated there had been at least 139 reported injuries from the defective airbags, and at least 2 deaths at the time. We now know of at least 23 deaths related to the recalled airbags.

Takata announced the initial recall in April 2013 affecting just six vehicle makes, but in the years since, we have learned of many more vehicles affected by the dangerous airbags. In addition to Ford, the overall recall includes vehicles made by: BMW, Chrysler, GM, Honda, Mazda, Mitsubishi, Nissan, Subaru and Toyota.

If you own a Ford, you can find out if your vehicle is affected here. If you want to know if your vehicle of another make is affected by this recall, you can perform a recall search by your 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 /January 08, 2019 /Blog, Dallas Personal Injury Attorney /0 Comment Read More

Don’t Forget the Reason for this Season: Jesus

by Dallas Christian Injury Lawyer, Tim O’Hare

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“Seeing is believing, but sometimes the most real things in the world are the things we can’t see.” – The Polar Express

Have you become lost in the hustle and bustle of this holiday season? You’re not alone. It is easy to become distracted with all there is to do during the holidays — the shopping, the Christmas gatherings, the baking — and forget the real reason we celebrate.

As Christmas Day draws near and you gather with loved ones, take some time to reflect on the greatest gift of all: Jesus Christ, the Son of God.

The birth of Jesus isn’t just a sweet story. He is not another mythical figure to be compared with Santa or Frosty the Snowman. Jesus is God incarnate. The Savior of all mankind. A simple truth we like to remember during Christmas and all year long: Jesus was sent to earth as a baby, was raised from the dead after his sacrifice, and He is coming back as King!

He is the real One to put your belief in this Christmas.

Christmas is the story of how the infinite and sovereign God of the Universe knows and loves you intimately. Because of Christmas, you can have hope through salvation in Jesus. Since the dawn of Creation, Jesus was God’s rescue plan for the world.

God loves you so much that He sent His only Son to be born of a virgin, live a sinless life and die as a sacrifice for the sin of all men. But even if you were the only person on earth, Jesus still would have come for you.

Thirty-three years after that first Christmas, Jesus was crucified on a cross and buried in a borrowed tomb. But death did not defeat him. He defeated death, and on the 3rd day, he was alive again.  This time, for good. It is through belief in Christ’s sacrifice for our sins, his death, burial and resurrection that we can have the hope of eternal life in heaven when our time on earth is over.

We hope you truly enjoy the moments you have this holiday season to spend with your loved ones. May the giving and receiving of gifts be a reminder of the greatest gift ever given — the free gift of eternal life through God’s only son, Jesus.

When we take time to remember, reflect upon, and honor the One God sent to bring us love, peace, joy, and hope, we will find them in the most unexpected way. We will find love, peace, joy, and hope in the Baby in a manger — God’s only Son who was born of a virgin, lived a sinless life, and died as a sacrifice for the sin of all men.

As C.S. Lewis writes, “Look for Christ and you will find Him. And with Him, everything else.”

From the O’Hare family to yours, Merry Christmas and Happy New Year!

By : Tim O'Hare /December 21, 2018 /Blog /0 Comment Read More

Are You Ready for Winter Weather? Stay Safe on the Road with These Cold Weather Driving Tips

by Dallas Car & Truck Accident Attorney, Tim O’Hare

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Salt trucks were out prepping highways overnight in the Dallas-Ft. Worth Metroplex in preparation for what may be our first blast of winter weather. Are you and the other drivers in your home ready for the possibility of slick, icy or even snowy roads?

As Texans, we don’t get much practice driving on slick roads, so it’s a good time to be reminded that winter weather can make driving conditions unpredictable and dangerous. Take some time to review these winter weather driving safety tips from the Texas Department of Transportation.

Dangerous conditions to watch for:

  • Loss of pavement friction due to wet, snow-covered or icy conditions
  • Restricted visibility due to fog, falling rain or vehicle spray
  • Lane obstruction due to standing water or plowed or blowing snow
  • Infrastructure damage (such as a washed-out road)

If you must get out on the roads in these conditions, follow these driving safety tips:

  • Slow down. Keep in mind that speed limits are set based on normal road conditions. Winter weather makes the road conditions unpredictable, so give yourself some extra time.
  • Increase following distance. On ice or snow, TxDOT recommends maintaining a following distance at least three times the normal following distance.
  • Stay back at least 200 feet from snow removal equipment.
  • Use extra caution on bridges, ramps, overpasses, and shaded areas.
  • Don’t slam on your brakes. If you start to slide, gently ease off the gas pedal or brakes and turn your steering wheel in the direction of the skid until you regain control.

In the event you are involved in a car accident on icy or snowy roads, follow the same protocol you would in any weather. Turn off your car engine and turn on hazard lights; do not leave the scene of the accident; call 9-1-1; exchange information; photograph and document the accident; and ask the police to file an accident report.

If you have been seriously injured or lost a family member in a car accident or a truck accident, 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 /December 18, 2018 /Blog, Dallas Personal Injury Attorney /0 Comment Read More

Traumatic Brain Injuries: What You Need to Know

by Texas Christian Injury Lawyer, Tim O’Hare

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Traumatic brain injuries are caused by a bump, blow or jolt to the head. A traumatic brain injury can occur as the result of a fall, sports or work-related injury, car crash, assault or any number of other ways. More than half of all traumatic brain injuries are caused by falls, while nearly 20 percent are caused by auto accidents.

Traumatic brain injury (TBI) can range from mild (a concussion) to severe and may require extensive medical care or surgery. In the United States, traumatic brain injury is a major cause of death and disability. According to the Centers for Disease Control, TBIs contribute to more than 30 percent of all injury-related deaths, while thousands of other victims will experience permanent disability due to traumatic brain injury.

A majority (75 percent) of traumatic brain injuries are mild injuries or concussions. Signs of a mild brain injury include:

  • Brief unconsciousness or confusion
  • Headaches
  • Blurry vision
  • Fatigue
  • Difficulty concentrating

One-quarter of all traumatic brain injury cases are severe. Individuals who have experienced a severe traumatic brain injury may experience any of the following symptoms:

  • Unconsciousness lasting more than 30 minutes
  • Nausea and/or vomiting
  • Abnormal or slurred speech
  • Serious Cognitive issues

Medical care for a traumatic brain injury, as well as long-term care is expensive and for the injured and their families, these expenses can be crippling.

If you have suffered a traumatic brain injury due to a fall, an automobile, truck  or motorcycle accident, or a job injury, contact the experienced legal team at The Law Offices of Tim O’Hare. Our personal injury lawyers in Dallas have extensive experience working on brain injury cases. 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 /December 05, 2018 /Blog, Dallas Personal Injury Attorney /0 Comment Read More

Reading This May Save a Child’s Life. Please Share.

by Distracted Driving Lawyer, Tim O’Hare

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It has been a tragic week for families across the country as five school-aged children lost their lives in a string of accidents at school bus stops.

The first accident on Tuesday morning killed 6-year-old twins, Xzavier and Mason Ingle and their 9-year-old sister, Alivia. Their 11-year-old neighbor was airlifted to the hospital with life-threatening injuries.

On Wednesday, 9-year-old Dalen was killed after being hit by a truck at his Mississippi school bus stop.  In Kentucky, two young brothers were hit while crossing an intersection.

In Pennsylvania on Thursday, a school bus driver arrived at a bus stop to find a 7-year-old boy who had been killed in a hit-and-run while waiting for the bus. On the same day in Tampa, five children and two adults were hospitalized after being struck by a vehicle at a bus stop.

These tragic accidents highlight the dangers our children face while getting on and off a school bus. According to the National Safety Council, each year, about 120 fatalities occur at school bus stops across the nation. Many of these accidents are the result of distracted driving.

The laws regarding school bus stops are much the same in most states. According to Texas law, drivers in all lanes must stop when a school bus is stopped with it’s “stop” arm extended or flashing red lights are on. If there is a median or barrier in the road, traffic on the other side of the road from where the bus is stopped does not have to stop.

As daylight savings time comes to an end this weekend, it’s important to take extra precautions as more children will be getting on school buses in the dark. Put away distractions and focus on the road, especially during your morning commute when children are out waiting on their bus to take them to school.

If you are a parent, take some time to review these important school bus and school safety tips with your child.

1. Always get to the bus stop at least five minutes before the bus is due to arrive.
2. Never run across the road to catch the bus.
3. If you have to walk on roads where there is no sidewalk, walk against traffic. Try to stay off the road as much as possible.
4. When crossing the street to get to the bus, always look left, then right, then left again. If cars or other objects are obstructing your view, go to the nearest corner crosswalk.
5. When the bus approaches, stand at least three large steps from the curb.
6. Wait until the bus stops, the door opens, and the driver says it’s okay to board before stepping onto the bus.
7. Never walk behind the bus or close to the side of the bus. You could be in the driver’s blind spot.
8. If you drop something near the bus, don’t pick it up until you tell the bus driver or he/she may not see you.
9. Pay attention while crossing the street. Don’t rely solely on the crossing guard for safety; be sure to always look both ways before crossing.

If you or your child has been hurt as the result of a school bus or transportation-related accident, contact The Law Offices of Tim O’Hare for a free consultation with a Dallas car accident 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 04, 2018 /Blog, Dallas Personal Injury Attorney /0 Comment Read More

We Pursue Drunk Drivers with Every Resource We Have – What You Need to Know About Suing a Drunk Driver for Your Injury or Loss

by Dallas Car Accident Lawyer, Tim O’Hare

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Texas leads the nation in traffic fatalities and distracted driving and drunk driving are the two biggest factors in fatal crashes. Anyone who drives while under the influence of drugs or alcohol can be criminally prosecuted and may face jail time, fines, community service and/or could have their license suspended or revoked. If a drunk driver causes an accident, the severity of his or her sentence may be dependent on whether or not injury or death resulted from the crash.

Drunk drivers who cause injury to another individual can face intoxication assault charges, and could spend up to 10 years in prison. Drunk drivers who cause an accident in which a victim dies face intoxication manslaughter charges and could spend up to 20 years in prison. (Read more about Texas drunk driving laws and penalties here.)

Though drunk drivers may face criminal charges, those consequences do little for the victim or the victim’s family, other than ensuring another drunk driver was taken off the road. If you have lost a loved one, been injured, or your property was damaged as the result of a drunk driving accident, you have the right to be compensated for your losses.

These losses may include:

  • Hospital bills
  • Expense of ongoing medical care
  • Repair or replacement of damaged property
  • Physical and mental therapy
  • Lost wages
  • Loss of life

If you have been the victim of a drunk driving accident, or have had a loved one killed in a car crash caused by a drunk driver, you have the right to sue the drunk driver. In Texas, under the Dram Shop Act, victims of drunk driving accidents can even sue the bar or restaurant who served the drunk driver for their losses.

Ultimately, we know that there is no monetary compensation that can ever replace the loss of a loved one, but it is important that the victim’s family does not bear the financial burden of medical and funeral costs alone.

If you or a loved one has been injured by a Drunk Driver or a Distracted Driver, you need an experienced personal injury attorney to fight for you. We know how to handle these types of cases and will work to maximize your financial recovery. 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 12, 2018 /Blog, Dallas Personal Injury Attorney /0 Comment Read More

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