Frequently Asked Questions for Personal Injury Cases

To establish a personal injury case, the required legal elements that must be determined are causation, negligence and damages. You must be able to show there is a physical or emotional injury and that someone else is at fault for your injury due to negligence, legal liability or misconduct. Damages may include lost wages (past and future), medical expenses (past and future), pain, suffering and mental anguish. To read more about the types of cases we handle, please click here. If you have been injured in an accident, or have lost a loved one as a result of someone’s mistake, please contact The Law Offices of Tim O'Hare at 972-960-0000 or Toll-Free 888-960-0020 and an experienced personal injury attorney will be happy to advise you of your rights, as well as discuss any possibilities that may exist to help you recover both physically and financially from your accident.

Why do I need a personal injury attorney?

You need an experienced personal injury lawyer to protect your rights, and help you obtain a favorable settlement. If an insurance company or big corporation will not settle your case, a lawyer can file a lawsuit for you to let a judge or jury decide. Settling with an insurance company on your own is rarely a wise decision. Insurance companies profit from under-compensating injury victims, not by serving your best interests. At The Law Offices of Tim O'Hare, we will negotiate the best settlement with a minimum amount of hassle on your part.  If a settlement cannot be reached, we will file a lawsuit on your behalf.

What should I do if I have a personal injury case?

If you have been in an accident, you should always seek immediate medical attention if you are experiencing pain or have suffered an injury. We advise that you do not make any statements or negotiate with the other person's insurance company on your own. Call The Law Offices of Tim O'Hare at 972-960-0000 or Toll-Free 888-960-0020 as soon as possible for a free consultation, and we will inform you of your rights and identify what we can do to help you.

What are personal injury attorney fees?

Our personal injury cases are handled on a contingency fee basis (a percentage of the recovery).  There are no attorney's fees, court costs or expenses unless you recover.

How much is my personal injury case worth?

Every case is valued individually, and there are many different factors that must be considered including the strength of the case, the type of injury, past and future medical expenses, and loss of earnings. Beware of attorneys who quote amounts – no attorney can know what a case is worth before a thorough evaluation is made, evidence is gathered, damages are proven and medical treatment has concluded. Please give us a call at 972-960-0000 or Toll-Free 888-960-0020, or click here for a free initial consultation so that we may adequately evaluate your case.

How long will it take to get a settlement for my personal injury case?

Some cases settle quickly, and some take much longer, depending on which insurance companies are involved, whether the case may be settled out of court or whether a lawsuit must be filed, the extent of the injuries and many other factors. We will have a better idea of the time frame after we have had the opportunity to review your case.

What is the statute of limitations for my personal injury case?

The Statute of Limitations restricts the period of time that a person may initiate legal proceedings. In the state of Texas, the statute of limitations for a personal injury case is generally two years. Sometimes there are extenuating circumstances that may allow you as few as six months from the date of injury to as much as four years from the date of injury. The best action you can take is to call an attorney and discuss this matter with him/her as soon as possible.

What if I am partly to blame for the personal injury accident?

Even if you are partially to blame for an accident, you may still be able to recover some money. The state of Texas follows a system using the modified comparative negligence-51% rule, in which the injured party may still recover damages if their fault is 50% or less but cannot recover anything if he is found to be 51% or more at fault. Please contact us for a free initial consultation so that we can thoroughly review your case and inform you of your rights.

Will my personal injury case go to court?

Many of our cases are settled before ever reaching the courtroom. Our experienced lawyers will advise you on the best course of action, but ultimately it is your decision on whether to settle, file a lawsuit or go to trial.

Who is allowed to bring a wrongful death claim?

In Texas, a surviving spouse, surviving children and surviving parents are able to file a wrongful death claim. To bring a wrongful death action, a death must have been caused by the wrongful, negligent, careless, reckless or malicious act of another person or entity. Please talk to an experienced attorney at The Law Offices of Tim O'Hare so we can help determine whether you are eligible to receive compensation from a wrongful death case. Call us today at 972-960-0000 or Toll-Free 888-960-0020.

What if I have a personal injury question not answered here?

Our attorneys are available to answer any questions you may have over the telephone, in-person or via e-mail 24 hours a day, 7 days a week. Please click here or call us at 972-960-0000 or Toll -Free 888-960-0020.