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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 to Win a Lawsuit Against a Trucking Company

by Dallas Truck Accident Lawyer, Tim O’Hare

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This year, an estimated 140,000 people in the U.S. will be injured in a trucking accident. Tragically, nearly 5,000 motorists will be killed in an accident involving a commercial truck, and the majority (74 percent) of those killed are passengers in the car, not the 18-wheeler.

While not every trucking accident is the fault of the truck driver, many are. If you are involved in an accident with a big truck, it may feel like it’s a case of the little guy (you) vs. the big guys — literally.

Proving fault in a trucking accident can be tricky because you must be able to prove that the truck driver broke a law, or that the driver or the trucking company was negligent. There are numerous laws that can apply to truck accident cases, including the Federal Motor Carrier Safety Act, regulations set by the Texas Department of Transportation, local city ordinances and the Texas Transportation code.

Federal Motor Carrier Safety Act — The FMCSA is a group of laws covering large trucks, buses and other commercial vehicles. These laws include how many hours a driver can drive without time off to rest, weight restrictions for 18-wheelers, insurance requirements, regulations regarding inspections and more.

Texas Department of Transportation — TXDOT controls licensing requirements for truck drivers and regulates how large trucks should be inspected and registered.

Texas Transportation Code — In the Texas Transportation Code, which has laws that apply to drivers of all vehicles, there are specific sections that apply to large trucks.

City Ordinances — Depending on the city in which the accident occured, there may be rules that apply only to big trucks, such as weight limits on certain roads and bridges. Some cities require truck drivers to stay in a certain lane on the highway.

Proving that a truck driver or the trucking company was in violation of a law, or that they were negligent — such as driver fatigue, rear-ending you, speeding, following too closely, improper lane change, failing to yield right of way, running a red light or other negligent conduct — to win your case against a trucking company isn’t always easy.  In many cases, there is more than one factor at play, such as a driver driving over the speed limit and driving while fatigued. A trucking company may be found liable if the driver wasn’t provided the necessary training, or failed to ensure the truck driver was in compliance with CDL renewal requirements. A lack of proper maintenance, repairs or inspections may also be a contributing factor.

Victims of trucking accidents can receive compensation if they have suffered bodily injury or property damage in a trucking accident caused by the truck driver. But proving the truck driver or trucking company is at fault needs a skilled truck accident attorney. The shear number of laws alone that could apply to your case are justification enough to hire an experienced truck accident attorney if you want to win your case.

If you have been involved in a traffic accident with a commercial truck or 18-wheeler, contact the experienced truck accident lawyers in Carrollton and Dallas 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 /April 15, 2019 /Blog, Dallas Personal Injury Attorney /0 Comment Read More

Is the Rear Vehicle Always at Fault in a Rear-End Accident in Texas?

Dallas car accident attorney who is at fault in a rear-end accident in Texas.

by Dallas Car Accident Injury Attorney, Tim O’Hare

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Did you know rear-end collisions are the most common type of car accident in the U.S.? According to statistics from the National Highway Traffic Safety Administration, 29 percent of all auto accidents resulting in substantial injuries and fatalities each year are rear-end collisions.

It is a widely-held belief that if you hit another driver from behind, you are always at fault due to basic rules of the road, such as not following too closely, paying attention to the road and not driving recklessly. But is it ever possible that the driver in front in a rear-end collision is at fault?

Who is at fault in a rear-end accident isn’t always 100% clear, and you may be surprised that fault doesn’t always lie with the rear vehicle. A jury may find that the vehicle in front was at fault, or they may distribute fault between both the front and rear drivers. In some cases, a jury may decide it was a no-fault accident.

In cases where fault is distributed between the two drivers, even if you were injured, if you were “more” at fault (51 percent or more of the fault is on your shoulders), you are not able to recover any damages from the other driver.

If you rear-end someone in an accident, it can be difficult to prove that the other driver was at fault, but it is not impossible. In Texas, a “comparative negligence state,” you must be able to prove the other driver was negligent in order to win a claim against them. In other words, you must prove the other driver did something reckless or careless, such as pulling out in front of you and then slamming on their brakes.

This “rule of thumb” is also why, more often than not, the tailing vehicle is found to be at fault. It can be difficult to prove the rear driver was not following too closely, therefore not leaving enough room to stop if needed.

Here are some examples of rear-end collisions where the driver in front may be found to be at fault:

  1. A car pulls out into traffic, misjudging the distance between oncoming traffic and is hit from behind. Drivers pulling out of a parking lot or driveway must always yield right-of-way to drivers on the road.
  2. The front car suddenly slams on the brakes for no reason. These cases are rare and it can still be difficult to prove the driver in the rear was not following too closely.
  3. The car in front changes lanes and suddenly hits their brakes, causing a rear-end collision. Again, these arguments can be difficult to prove.

If you have been injured in a rear-end collision, you may be entitled to recover damages from the other driver for your injuries and lost property. Even if you were the driver in the rear, if the other driver cut you off or pulled out in front of you, you could win your claim.

Contact a personal injury lawyer in Dallas who is experienced at proving fault in rear-end accidents in Texas. Contact  The Law Offices of Tim O’Hare to speak with a Dallas car accident attorney 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 /April 05, 2019 /Blog, Dallas Personal Injury Attorney /0 Comment Read More

7 Leading Causes of Car Accidents


by Dallas Car Accident Injury Attorney, Tim O’Hare

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A car accident occurs about every 59 seconds on Texas roads. In 2017, car accidents in Texas caused 254,853 injuries and 3,794 deaths, according to the Texas Department of Transportation. None of us wake up planning to be in a car accident, yet every two minutes and four seconds, someone is injured in a car wreck.

These statistics are staggering. Tragically, many of the most common causes of car accidents are entirely preventable. Understanding common causes of car accidents may help you avoid being in a wreck yourself.

According to statewide data and statistics from TXDOT, here are the seven leading causes of all Texas auto accidents:

  • Speeding
  • Distracted Driving
  • Failure to stay in a single lane
  • Failure to yield
  • Unsafe lane change
  • Following too closely
  • Improper evasive action

The top causes of fatal accidents include:

  • Speeding
  • Driving under the influence
  • Veering into another lane
  • Failure to yield
  • Distracted driving
  • Over-correcting
  • Failure to obey stop signs

Though the fatality rate on Texas roadways decreased slightly (2.86 percent) from 2016 to 2017, even one death is one too many. Each of us can do our part to make Texas roads more safe by following driving laws, and eliminating factors such as distracted driving and drunk driving.

If you are involved in a car accident, do you know what to do? Being prepared will save you some headache, and could mean the difference between life and death. Here are nine things to do if you’re involved in an auto accident.

  • Turn your car engine off and turn on hazard lights.
  • Remain at the scene of the accident.
  • Call 9-1-1.
  • Seek Medical Attention.
  • Exchange information.
  • Photograph and document the accident.
  • Do not accept offers to settle on the spot.
  • Always carry an emergency kit in your car.
  • Keep a list of contact numbers in your phone and in your car.

If you have been seriously injured or lost a family member in a car accident, contact  The Law Offices of Tim O’Hare to speak with a Dallas car accident attorney 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 /March 26, 2019 /Blog /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
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