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.

How safe is the vehicle you’re driving? 2018 Safest Vehicles


safest vehicles 2018 Dallas car accident attorney

Photo: IIHS

by Dallas Car Accident Attorney, Tim O’Hare

Follow The Law Offices of Tim O’Hare on Facebook, Twitter, LinkedIn & Google+.

The Insurance Institute for Highway Safety (IIHS) has released its 2018 list of the safest vehicles, and just 15 earned the highest rating. IIHS updated its guidelines this year, making it more difficult to be named a Top Safety Pick Plus (the highest ranking, which 69 vehicles received last year). Requirements for the highest award were strengthened to include good-rated headlights and good or acceptable passenger-side protection in small overlap front crashes.

Twelve cars and three sport-utility vehicles received the highest award; four of which were made by Subaru. No mini-cars, trucks or minivans made the cut. Another 47 vehicles received the ranking of “Top Safety Pick,” which now requires acceptable or good headlights. (Last year, headlights weren’t a factor for Top Safety Pick, and an acceptable headlight rating could bump a 2017 award winner up to Top Safety Pick Plus).

Is your car on the list? Here are the 15 vehicles that received the Top Safety Pick Plus award:

  • Kia Forte sedan
  • Kia Soul
  • Subaru Impreza
  • Subaru WRX
  • Subaru Legacy
  • Subaru Outback
  • Toyota Camry
  • BMW 5 Series
  • Genesis G80
  • Genesis G90
  • Lincoln Continental
  • Mercedes-Benz E-Class sedan
  • Hyundai Santa Fe
  • Hyundai Santa Fe Sport
  • Mercedes-Benz GLC

Click here to review the full list of 62 vehicles that received safety awards from IIHS.

Despite the fact that automakers are improving vehicle safety, more people are dying on U.S. roadways. According to the National Highway Traffic Safety Administration, car crash deaths hit a nine-year high of 37,461 people in 2016; up 5.6 percent from the previous year. If you have been injured or lost a loved one in a car accident, contact the Dallas car accident attorney you can trust, Tim O’Hare. The experienced legal team at The Law Offices of Tim O’Hare will guide you through your case and ensure you get everything you deserve.

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 16, 2017 /Blog, Dallas Personal Injury Attorney /0 Comment Read More

2017 Top 10 Most Dangerous Toys

Texas Christian injury lawyer

by Texas Christian injury lawyer, Tim O’Hare

Follow The Law Offices of Tim O’Hare on Facebook, Twitter, LinkedIn & Google+.

Each year, the toy industry generates nearly $26 billion in sales, but toy testing and safety is not always a top priority. And oftentimes, toys that are recalled for a known hazard are still readily available online — particularly concerning because this year, consumers are expected to spend 51 percent of their holiday budget shopping online.

According to the advocacy group, World Against Toys Causing Harm (W.A.T.C.H.), “Regulations and safety protocols for e-commerce transactions are often nonexistent or inadequate. Consumer-to-consumer “second-hand sales”— which are inconsistently monitored, if monitored at all — provide new opportunities for recalled toys to surface.”

Parents have a reasonable expectation that there are checks and balances to ensure toys purchased for their children are safe, but unfortunately, that is not always the case. One child in the U.S. is treated in the emergency room every three minutes for a toy-related injury. From 1990 to 2011, we saw a 40 percent increase in toy-related injuries and incidents in the U.S.

In November, W.A.T.C.H. issued its annual list of the most dangerous toys. As you finish up your Christmas shopping, be sure to check out this list of most dangerous toys of 2017. You may even find one or two your children already have in the home.

  1. Hallmark “Itty Bittys” Baby Stacking Toy — This plush, Disney-themed stacking toy was recalled by the Consumer Product Safety Commission in August due to “fabric hats and bows that can detach, posing a choking hazard.”
  2. Tolo Pull Along Pony — Marketed for children 12m+, the pull cord on this toy measures approximately 19-inches, posing a risk for strangulation and entanglement injuries.
  3. Mattel Wonder Woman Battle-Action Sword — This rigid plastic sword has the potential to cause blunt force injuries to the face or other parts of the body. The toy also contains a warning that “small parts may be generated” along with battery safety warnings.
  4. Fidget Spinners — This popular novelty toy can be found in nearly every store across America, yet it also poses a danger to children. Fidget spinners contain small parts that may detach, causing a choking hazard.
  5. Marvel Spider-Man Spider Drone Official Movie Edition — According to the warning label on the package, the “Drone has rotating blades that move at high speed, posing danger of injury. Keep spinning rotors away from fingers, hair, eyes and other body parts.”
  6. Hasbro Nerf Zombie Strike Deadbolt Crossbow — The force of launching an arrow from the crossbow presents the potential for eye and facial injuries. The product packaging cautions users not to “aim or shoot at eyes or face of people or animals,” among other warnings.
  7. Brand 44 Slackers Slackline Classic Series Kit — This tightrope-like device is intended to be anchored between two trees. The manufacturer warns of strangulation risk, as well as potential for “serious injury or even death.”
  8. Plan Toys Inc. Oval Xylophone — This colored musical toy marketed for children as young as 12 months includes manufacturer warnings, despite the fact the 9.5-inch long drumstick handle has the potential to block a child’s airway if inserted in the mouth.
  9. Razor USA Jetts Heel Wheels — Made to be strapped to the heels of the shoe, transforming a regular shoe into a roller skate, this product advertises “real sparking” action and comes with numerous warnings including keeping sparks away from eyes, hair, exposed skin and clothing.
  10. Melissa & Doug Brianna Babydoll — “Huggable, soft” dolls marketed for children as young as 18 months has removable clothing and ponytail holders, which present the potential for ingesting and choking.

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 /December 08, 2017 /Blog, Dallas Personal Injury Attorney /0 Comment Read More

Do You Have the Auto Insurance You Need?

texas car insurance

by Dallas Car Accident Attorney, Tim O’Hare

Follow The Law Offices of Tim O’Hare on Facebook, Twitter, LinkedIn & Google+.

Texas law requires drivers to carry auto liability insurance as coverage for any accidents they may cause. If you are at fault in an accident, liability insurance pays to repair or replace the other driver’s vehicle and also covers medical expenses resulting from the accident.

But liability insurance is very basic, and isn’t always enough to cover the other driver’s costs if you’re at fault in an accident. In Texas, drivers must purchase at least the minimum amount of liability insurance — $30,000 for each injured person, up to a total of $60,000 per accident; and $25,000 for property damage per accident. This is known as 30/60/25 coverage. If you only carry the minimum, you could be putting yourself at risk of being sued by the other driver if you are at fault in an accident and your insurance does not cover all of the other driver’s associated expenses. In addition, liability insurance does not cover the cost to repair or replace your vehicle or treat your injuries if you are at fault in an accident.

Even if you are not at fault in an accident, if the other driver only carries the minimum liability insurance, you could be out hundreds, if not thousands of dollars. The good news is that there are other types of insurance coverage you can purchase to help you pay these additional expenses, such as personal injury protection, uninsured/underinsured motorist coverage, medical payments coverage, collision and comprehensive coverages. You may also add towing and labor coverage as well as rental reimbursement coverage to your insurance policy.

Here’s an outline of various types of insurance from the Texas Department of Insurance:

Personal Injury Protection — Also known as PIP coverage, this insurance pays medical and funeral bills resulting from an accident, plus 80 percent of lost income and the cost of hiring a caregiver for an injured person. PIP covers you, your family members and other passengers in your vehicle, and other injured people, no matter who is at fault. A minimum of $2,500 in PIP coverage is available, but most insurance companies allow you to purchase more.

Uninsured and Underinsured Motorist — In the event you are in an accident with an uninsured motorist, a hit-and-run driver, or a driver who does not have enough insurance to cover your costs, UM/UIM insurance covers those gaps. Bodily injury UM/UIM pays for medical bills, lost wages, pain and suffering, disfigurement and other injury damages. Property damage UM/UIM pays for auto repairs and damage to items in your car.

Medical Payments Coverage — Covers medical and funeral bills resulting from an accident. Medical payments covers you, your family members, passengers in your car and other injured people including bicyclists and pedestrians, no matter who is at fault.

Collision Coverage — Collision coverage is required by your lender if you still owe money on your car. If the insurance company determines your vehicle can be repaired, it will pay the cost to fix your car. If it determines your car cannot be fixed, it will be “totaled” and the insurance company will pay actual cash value of your car (the current value of your car), less your deductible. No matter what the determination may be, you will only receive up to the maximum dollar limits of your policy (listed on the declarations page of your policy). This insurance covers your vehicle only, regardless of who was driving it, so long as the driver had your permission to drive the vehicle and wasn’t an excluded driver.

Comprehensive Coverage — Also required by your lender if you still owe money on your car. Comprehensive coverage pays the cost of replacing or repairing your car if it’s stolen (the theft must be reported to police) or damaged by fire, vandalism, hail, falling objects or most events other than a collision. Payments are limited to your car’s actual cash value, minus deductible.

Towing and Labor Coverage — If your car cannot be driven and must be towed, towing and labor coverage pays for your car to be towed to a repair shop and covers the costs of associated labor, such as changing a flat tire or jump-starting your battery.

Rental Reimbursement Coverage — If your car is stolen or being repaired, rental reimbursement pays a set daily amount for a rental car. This coverage only pays for rental reimbursement if your car was damaged in an accident or by another event covered by your insurance, such as fire, hail or theft.

To protect yourself from costly repairs or medical expenses incurred due to an accident, it’s important to carefully review your insurance policy. Know what your policy covers and consider purchasing other coverages to add or expand your insurance coverage.

We’d be happy to discuss your coverages with you and make recommendations to ensure you have the type of coverage that best fits your needs.

Also, if you have been injured in a car accident, or have lost a loved one in a wreck with an uninsured or underinsured driver, call us. The experienced legal team at The Law Offices of Tim O’Hare will guide you through your case and ensure you get everything you deserve.

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 21, 2017 /Blog, Dallas Personal Injury Attorney /0 Comment Read More

Halloween Safety Tips from Dallas Personal Injury Lawyers at The Law Offices of Tim O’Hare

by Texas Christian Injury Lawyer, Tim O’Hare

Follow The Law Offices of Tim O’Hare on Facebook, Twitter, LinkedIn & Google+.

Happy Halloween from The Law Offices of Tim O’Hare! Today is a day to make memories with your family. Don’t let your Halloween fun turn tragic.

According to SafeKids.org, children are twice as likely to be hit by a car on Halloween than on any other day of the year. Whether you’re trick-or-treating with your kids, or are out driving on the roads, we all have a responsibility to ensure Halloween doesn’t end in a real scare.

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 eye holes 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 crosswalks. 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 can wait. Put away your cell phone and pay attention to the roads. (Keep in mind, texting while driving is now illegal in Texas.)

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.

Wishing you a Halloween that is safe, fun and scary (for all the right reasons)!

By : Tim O'Hare /October 31, 2017 /Blog, Dallas Personal Injury Attorney /0 Comment Read More

Tim O’Hare Named One of Texas’ Super Lawyers for 4th Consecutive Year

law offices of tim ohare texas super lawyers

Follow Texas Christian Injury Lawyers at The Law Offices of Tim O’Hare on Facebook, Twitter, LinkedIn & Google+.

Tim O’Hare has been recognized as a Texas Super Lawyer by the national Super Lawyers rating service for the fourth consecutive year.

Each year, attorneys from firms of all sizes and over 70 practice areas throughout the United States are selected to the Super Lawyers list, representing the top five percent of attorneys. This exclusive list is the published in Super Lawyers Magazine, and included in inserts and special advertising sections in leading city and regional magazines and newspapers. O’Hare will also be added to the list of Super Lawyers found at SuperLawyers.com.

Narrowing down the top list of attorneys in every state is a four-step process, beginning with peer evaluations, followed by independent research, peer evaluation and final selection. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. These indicators include: verdicts and settlements; transactions; representative clients; experience; honors and awards; special licenses and certifications; position within law firm; bar and or other professional activity; pro bono and community service as a lawyer; scholarly lectures and writings; education and employment background; and other outstanding achievements.

“It is an honor to have been selected by my peers and recognized by the Super Lawyers selection committee as a leading attorney in Texas four years in a row,” said O’Hare. “I know my clients have many options when selecting an attorney, and it is my privilege to serve each and every one to the best of my ability.”

If you or a family member has suffered a serious injury as the result of a car wreck or work accident, or if you need someone to handle your will, trust, probate matters, bankruptcy, child custody or child support issues, business formations or another legal matter, contact The Law Offices of Tim O’Hare for a free consultation with one of our attorneys.

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 17, 2017 /Blog, Dallas Personal Injury Attorney /0 Comment Read More

Injured by an Uninsured or Underinsured Driver? Why You Need a Dallas Car Accident Lawyer

by Dallas Car Accident Attorney, Tim O’Hare

Follow The Law Offices of Tim O’Hare on Facebook, Twitter, LinkedIn & Google+.

Texas laws require all drivers to carry liability insurance to cover the costs of accidents they cause, yet everyday, motorists drive without proper insurance coverage. In Texas, motorists who are caught driving without liability insurance can be fined on their first offense. Consecutive offenses could result in suspension of their driver license and even vehicle impounding. In the City of Dallas, uninsured drivers can have their car towed.

Even with the potential consequences, many drivers still do not carry insurance. The Insurance Research Council estimates that drivers in the U.S. have a 14 percent chance of being involved in an accident caused by an uninsured driver.

Because not all drivers carry liability insurance, despite the laws requiring them to do so, for more than 30 years, the Texas Insurance Code has mandated that all insurance companies doing business in Texas offer uninsured and underinsured motorist protection. (An “uninsured motorist” is a driver who does not carry liability insurance, or an unidentified hit-and-run driver. An “underinsured motorist”is a driver who carries liability insurance within the limits required by law, but not enough to cover the actual cost of damages caused in a collision.)  Simply put, drivers who do have insurance, are covering uninsured and underinsured motorists with their policies when they take out Uninsured/Underinsured Motorists coverage. (Hit-and-run drivers are considered uninsured motorists.)

Even so, if you have been injured by an uninsured or underinsured driver, don’t expect your insurance company to be much help. Insurance companies are notorious for doing everything possible to lessen the amount they pay to you, yet regularly tell victims they are being paid what is “fair.” Unfortunately, the insurance company’s definition of “fair” frequently varies from what the policyholder considers fair and what juries consider fair.

If you have been in an accident with an uninsured or underinsured driver, you may be entitled to financial recovery for your physical injuries, emotional suffering and loss of wages, but to ensure you receive the compensation you deserve, you need an attorney.

The attorneys at The Law Offices of Tim O’Hare are knowledgeable and experienced in personal injury cases dealing with uninsured and underinsured motorists. We know it can be difficult to deal with insurance companies which is why we are here to help you level the playing field. Our attorneys will fight on your behalf to make sure you get the financial recovery you deserve.

If you have been injured in a car accident, or have lost a loved one in a wreck with an uninsured or underinsured driver, call us. The experienced legal team at The Law Offices of Tim O’Hare will guide you through your case and ensure you get everything you deserve.

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 26, 2017 /Blog, Dallas Personal Injury Attorney /0 Comment Read More

Texas Texting While Driving Ban Goes into Effect Sept. 1 – Do You Support?

by Distracted Driving Lawyer in Dallas, Tim O’Hare

Follow The Law Offices of Tim O’Hare on Facebook, Twitter, LinkedIn & Google+.

In June, Texas Gov. Greg Abbott signed a statewide ban on texting while driving into law. The new law takes effect tomorrow, Sept. 1, 2017.

According to the Texas Department of Transportation, 455 people were killed and more than 3,000 were seriously injured in crashes due to distracted driving. Texting while driving is one of the leading causes of distracted driving accidents. Earlier this year, 13 people were killed when their church bus was hit by a driver who claimed he was texting.

Texas isn’t the first in the nation to ban texting while driving. At least 47 other states have similar laws on the books. Under the new law, beginning Sept. 1, law enforcement will be able to pull drivers over for suspected texting while driving. First-time offenders may be punished with a fine of up to $99. Repeat offenses would be punishable by a fine of up to $200. It’s important to note that the new law does not cover other phone use, such as map applications. Actually enforcing the law will be difficult.  Using your phone is not banned. This will present law enforcement officials with serious challenges when it comes to meeting the criminal burden of proof.

Though texting is one of the most common distracted driving offenses, it is not the only way a driver may become distracted. Any activity that diverts a person’s attention away from driving is considered distracted driving and may endanger not only the driver, but his or her passengers, pedestrians and other motorists. In addition to texting, other high-risk behind-the-wheel activities include:

  • Posting to social media
  • Checking email
  • Eating
  • Grooming
  • Reading
  • Programming a navigation system
  • Watching a video
  • Adjusting a radio, CD player, or MP3 player

If you have been seriously injured or lost a family member in an accident caused by distracted driving, contact The Law Offices of Tim O’Hare to speak with a Dallas-Ft. Worth distracted driving lawyer.

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 /August 31, 2017 /Blog, Dallas Personal Injury Attorney /0 Comment Read More

Back-to-School Safety Tips from Your Dallas Car Accident Lawyers

personal injury lawyer dallas

by Texas Christian injury lawyer, Tim O’Hare

Follow The Law Offices of Tim O’Hare on Facebook, Twitter, LinkedIn & Google+.

Another summer has come and gone and the kids are headed back to school. A new school year means school zones are active again, so it’s important that all drivers pay close attention when driving through school zones.

Drivers using caution in an active school zone is about more than avoiding a fine and court costs if you break the law — following the laws regarding school zones is about protecting our children. According to NHTSA, an average of 18 school-age children die in school transportation-related crashes each year. Of those, six are occupants of a school transportation vehicle, while the other 12 are pedestrians.

As the kids head back to school, it is important to review school zone safety, for both pedestrians and drivers.

In most states, including Texas, the use of cell phones is strictly prohibited in school zones, including school parking lots and drop off lanes. Some states specify hand-held cell phones. Put down the phone when driving through an active school zone. That conversation can wait, and isn’t worth the risk of potentially hitting a child crossing the street.

The speed limit in an active school zone drops to 20mph. Even if you’re in a hurry, don’t rush through a school zone. Our kids’ lives are precious. Slow down. Receiving a traffic ticket in a school zone can cost you double what it would if you were pulled over outside a school zone.

Teach school-aged children the importance of paying attention while crossing the street. While slower speed limits and crosswalk guards help, it is important that children crossing the street pay close attention to traffic, look both ways before crossing the street, and don’t rely solely on the crosswalk guard to get them across safely.

As you prepare to send your child back to school, take a few minutes to review these school bus and school crossing safety tips from the NHTSA 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 or she may not see you.

It is our responsibility as adults to not only teach our children to be safe, but to make a habit of always practicing safe driving, especially in school zones. Put away any hand-held devices when driving through school zones, observe the posted speed limit, and watch for children crossing the street. If you are unsure if a school zone is active, always assume it is.

If you or your child has been hurt as the result of a school 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 /August 25, 2017 /Blog /0 Comment Read More

A Majority of Americans Don’t Have a Will. Do You?

by J. Branden Snyder

Follow The Law Offices of Tim O’Hare on Facebook, Twitter, LinkedIn & Google+.

A majority of Americans (55 percent) admit they don’t have a will, according to a 2016 Gallop poll, and other surveys suggest even fewer Americans have estate planning documents in place. Nobody wants to think about planning for his or her own death, but it’s something every adult should consider—sooner, rather than later.

Writing your will helps to ensure your wishes for dependents, property and assets are followed, and to help avoid long, costly legal proceedings over the distribution of assets.

According to Gallop, “Americans’ likelihood of having a will depends largely on their age and socioeconomic status. Sixty-eight percent of those aged 65 and older have a will, compared with just 14 percent of those younger than age 30. Of Americans whose annual household income is $75,000 or greater, 55 percent have a will, compared with 31 percent of those with incomes of less than $30,000. And while 61 percent of those with a postgraduate education have a will, only 32 percent with a high school education or less do.”

Even if you think you don’t have enough assets, writing a will is still important and can spare your family the difficulty of dividing what property and assets you do own.  Here are are five things you should know about writing a will:

Everyone needs a will. If you die without a will, it can be very costly to your family and heirs, and you will have no say over the division of your assets. State heirship laws take over. Writing a will alleviates the burden placed on your family after you die. A will also allows you to specify funeral arrangements and to predetermine who will take care of your children—this is the primary reason even young adults who have children should have a will.

Work with an attorney. Every state has different rules and regulations regarding wills. It is in your best interest to work with an attorney who fully understands the legalities surrounding writing a will in your state and is experienced in estate planning and death taxes. Hiring an attorney to help you write your will ensures that you have a properly created legal document.

Carefully select the executor of your will. This is the person you will assign to carry out your final affairs after your death. Choose someone you trust who you know will be up to the task. You may also want to choose a backup executor in the event your first choice is unable to serve as executor upon your death.

Discuss your plans with your family. After you plan your estate, take time to discuss those plans with your heirs to help prevent confusion or disputes down the road. Family conflicts are unfortunately common when dealing with a loved one’s estate, but by planning ahead, you can help reduce or eliminate any potential arguments among your family and children after you die.

Consider a trust as well. Unlike a will, a trust can go into effect as soon as you create it. It is a legal arrangement in which you designate an individual or an institution (such as a bank or law firm) as your “trustee” to hold the title to your property. You can also designate a beneficiary or beneficiaries to receive what is left of your estate after you die. A trust will only cover property that has been transferred into the trust. Any property you wish to be included in your trust must be put in the name of the trust. A trust does not pass through probate, which can save both time and money. Because a trust is not probated, it can remain private.

An experienced wills and trusts attorney can help you determine if you need to set up a will or a trust to handle your estate and guide you through the process. An attorney will explain the legal terms and help ensure that your will or trust is drafted 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 a will or trust? Contact the experienced legal team at The Law Offices of Tim O’Hare.  We can prepare your will and/or trust quickly, with minimal hassle to you.

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 /July 29, 2017 /Family Law, General Civil Law /0 Comment Read More

Avoid Being the Victim of a Trucking Accident: Tips from the Truck Accident Lawyers in Carrollton

by Texas Christian injury lawyer, Tim O’Hare

Follow The Law Offices of Tim O’Hare on Facebook, Twitter, LinkedIn & Google+.

Trucking accidents are making big headlines in Texas recently. Sadly, just this week, three people died as a result of a fiery multi-car accident involving at least one big rig on Interstate 35 in Waco. Earlier this year, an East Texas high school track coach was killed and 18 students were injured in a wreck involving an 18-wheeler.

Every year, there are more than 450,000 trucking accidents on U.S. roadways. According to the National Highway Traffic Safety Administration, nearly 5,000 motorists are killed in accidents involving large trucks and an estimated 140,000 are injured. In an accident involving a passenger vehicle and a semi or commercial truck, 74 percent of those killed are passengers in the car.

Oftentimes, these deadly trucking accidents are attributed to driver negligence, often on the part of the truck driver. A driver’s negligence can be caused by one of a number of factors, including: talking on the phone, texting, driving while fatigued or drowsy, speeding, inattentive driving, driving while under the influence of drugs or alcohol, inexperienced driving or improperly loaded or overloaded cargo in a commercial truck.

Not all accidents can be avoided, but many can. As the driver of a passenger vehicle, there are several steps you can take to protect yourself and your passengers from an accident that could lead to serious injury or death. Keep yourself and your family safe by following these driving guidelines regarding large trucks:

Treat trucks differently than other cars. Big rig trucks weigh as much as 30 times more than a passenger car. Due to their sheer size, it is nearly impossible for semi trucks to come to a sudden stop. For example, a semi truck that is moving at 55 miles per hour can take the length of a football field to come to a complete stop. The size of an 18-wheeler also makes it difficult for the truck driver to change lanes. Never pull out in front of a semi truck and avoid situations where you may need to suddenly stop in front of a large truck.

Keep yourself visible. Driving next to a semi or directly behind one can make it very difficult for the truck driver to see you. Do not follow too closely or stay directly next to a semi truck. A general rule is that if you cannot see the truck’s side mirrors, the driver cannot see you.

Never stop on the side of the road. Pulling onto the shoulder of a busy highway could cost you your life. If you have a flat tire or are having trouble with your car, if at all possible, pull completely off the road, either onto the grass or onto a side road or into a parking lot. Drivers of large trucks like 18-wheelers may have a hard time seeing a car stopped on the side of the road until it is too late — especially at night. If you do stop on the side of the road, do not stay in your car. Watch for traffic and carefully get you and your passengers out and move as far away from traffic as possible until help arrives.

Always drive with caution, keeping in mind the added difficulty truck drivers may face when it comes to sudden stops, changing lanes or adverse weather.

Victims of trucking accidents can receive compensation if they have suffered bodily injury or property damage in an accident caused by the truck driver’s negligence or fatigue. If you have been involved in a traffic accident with a commercial truck, 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 /July 18, 2017 /Blog, Dallas Personal Injury Attorney /0 Comment Read More

    Office: 972-960-0000
    Toll Free: 888-960-0020
    Fax: 972-960-1330


    Principal Office
    1038 Elm Street
    Carrollton, Texas 75006
    Directions >

    Hours by Appointment Only
    2711 Valley View Ln. Suite #107
    Dallas, Texas 75234
    Directions >


    Tim O’Hare is a member of: Multi-Million Dollar Advocates Forum, Million Dollar Advocates Forum, Texas Bar Association, Dallas Bar Association, Christian Legal Society

    AV Preeminent logo Distinguished logo


    • Google Plus icon
    • LinkedIn icon
    • Facebook icon
    • Twitter icon
    • YouTube icon