Category Archives: Animal Liability

To Retain a Lawyer or to Not Retain a Lawyer, What Should You Do?

Written on February 10, 2011 by in Animal Liability, Assault and Battery, Bicycle Accidents, Big Rig Truck Accident, Bus Accidents, California Law, Car Accidents, Damages, Dangerous Conditions, Dog Bite, Editorial, Hit and Run Accident, Insurance, Intentional Torts, Medical Malpractice, medical treatment, Motorcycle Accidents, Off Road Vehicle Accidents, Other Motor Vehicle Accidents, Pedestrian Accidents, Personal Injury, Premises Liability, Products Liability, Slip and Fall, SUV Accident, Train Accidents, Trip and Fall, Truck Accidents, Van Accidents, Vehicle Passenger Accidents, Wrongful Death
California Personal Injury Attorney Norman Gregory Fernandez

California Personal Injury Attorney Norman Gregory Fernandez

As a California Personal Injury Lawyer, I give free consultations to injury victims throughout the State of California almost every day.

Inevitably about 5% of the people I talk to have either tried handling their California personal injury matter on their own, or are very reluctant to “get lawyers” involved because of what they heard about lawyers, or are clueless about how the legal system works.

Ultimately, out of the 5% of the people mentioned above, about 1% or 1 out of 100 people I talk to decide to handle the matter on their own.

To me, an experienced California Personal Injury Attorney, it is inexplicable why someone would choose not to retain an attorney to handle their personal injury case. Let me tell you why.

Firstly, most people have no clue that they are entitled to recover the following damages in a typical personal injury matter:

Out of Pocket Expenses: All out of pocket expenses flowing out of the personal injury matter such as: loss of wages, medical cost, prescription cost, cost of travel to and from the doctor, prescriptions, loss of use of vehicle, either the repair cost of a damaged vehicle, or the fair market value of a damaged vehicle when the repair cost exceeds the fair market value, rental car, loss of future wages, future medical expenses, etc.

Non Economic Expenses: Pain & Suffering, Emotional Distress, Loss of Enjoyment of life (loss of enjoyment of life consists of compensation to a person for not being able to do things that they used to do, while they are injured. Such as cleaning, cooking, walking, dancing, going out, etc.)

In a nutshell a typical person has no clue that they are entitled to the things mentioned above, how to value such things even if they know about it, and most importantly, how to get it.

Going further, if an injured person is married, they typically do not know that their spouse also has a cause of action against the person who injured them for loss of consortium. Hell most personal injury lawyers in California do not even go for loss of consortium.

Loss of consortium in a nutshell is damages that a spouse of an injured party are entitled to, for the loss of the things that their spouse used to do with and for them in the marriage, because of their injury. In many cases loss of consortium can amount to a substantial amount of money.

I have just touched the tip of the iceberg with this article. Ultimately, only a fool has themselves for an attorney.

I can assure you that in 99% of cases, a person without an attorney will get less than a person with an attorney in a California Personal Injury case.

If you or a loved one have been injured in a California Personal Injury matter you may call my personal injury hotline 7 days a week, 24 hours a day for a free consultation at 800-816-1529 extension 1. You may also check out my personal injury website at http://www.thepersonalinjury.com.

By California Personal Injury Lawyer Norman Gregory Fernandez, Esq., © February 10, 2011

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I am Really Sick and Tired of Ambulance Chasers who give us Real Personal Injury Attorneys a Bad Name.

Written on September 15, 2010 by in Animal Liability, Assault and Battery, Bicycle Accidents, Big Rig Truck Accident, Bus Accidents, California Law, Car Accidents, Dangerous Conditions, Dog Bite, Editorial, Hit and Run Accident, Intentional Torts, Liability in Personal Injury Cases, Motorcycle Accidents, Other Motor Vehicle Accidents, Personal Injury, Premises Liability, Product Recall, Products Liability, Slip and Fall, SUV Accident, Train Accidents, Trip and Fall, Truck Accidents, Van Accidents, Vehicle Passenger Accidents, Wrongful Death
California Personal Injury Attorney Norman Gregory Fernandez

California Personal Injury Attorney Norman Gregory Fernandez

Yes you read the headline of this article correctly; I am sick and tired of ambulance chasers who give ethical personal injury attorneys such as me, a bad name.

An ambulance chaser has been defined by an online dictionary as:

“A lawyer or entrepreneur who hurries to the scene of an accident to try to get the business of any injured persons.”

First of all let me tell all of you something right now, lawyers or their representatives are prohibited from soliciting your business at the scene of an accident in the State of California.

Any attorney who engages in such conduct can face disciplinary proceedings.

If someone is coming up to you at the scene of an accident and recommending an attorney to you; chances are they are engaging in prohibited conduct.

You should never select an attorney based upon a solicitation at the scene of an accident, at your doctor’s office, by the tow truck driver, by a body shop, etc.

Always select someone based upon your own research.

My good friend who is an ex NICB agent, and who now runs an investigative corporation, has told me stories of unethical attorneys illegally paying runners, cappers, doctors, tow truck drivers, body shops, to refer cases to them.

He has also told me stories of personal injury attorneys who are in illegal partnerships with non attorneys to get business.

No attorney can fee share or be in a partnership with a non attorney to get your business.

To be frank, I am absolutely shocked to hear such stories. It is beyond my belief that some unethical attorneys are engaging in such behavior. It is to be frank, despicable.

For attorneys such as me who play by the rules, it is outrageous to think of the poor victims of this type of illegal activity.

Going one step further, you may have recently heard about the explosion in San Bruno and the horrible aftermath.

Sure enough, there are some bottom feeder law firms putting out press releases trying to scavenge business from those poor souls in San Bruno.

Historically in the State of California, attorney advertising was prohibited. In the last several decades attorneys have been allowed to advertise. Some have taken it too far.

I am not against attorneys being allowed to advertise, but I am against what I consider to be ambulance chasing in advertising.

The same thing happened after the Chatsworth Metrorail crash, and many other disasters.

As for me, I am no ambulance chaser. I do not need to be because I am good at what I do.

All of my past and present clients know this to be true. To be good at what you do, you need to actually care about your clients, and get them the money that they deserve.

Ask yourself a question; have you ever heard any other personal injury attorney discussing the topic of this article? Heck No. Do you wonder why? It is the dirty little secret that no one wants to talk about.

Well I am talking about it.

I would like to hear any comments you have. You may comment by clicking the comment link below.

By California Personal Injury Attorney Norman Gregory Fernandez, Esq., © September 15, 2010

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A Bus hits and kills Horse in Morgan Hill, CA

Written on March 12, 2010 by in Animal Liability, Bus Accidents, Liability in Personal Injury Cases, News, Off Topic Articles, Personal Injury, Vehicle Passenger Accidents

horse killed by valley transit authority busA Valley Transit Authority bus carrying 18 passengers collided with a horse in a north Morgan Hill residential neighborhood about 7 p.m. Thursday, according to the California Highway Patrol. The horse did not immediately die, which made for a horrific scene as it flailed around for about 45 minutes until animal control officers arrived with a lethal injection.

California Highway Patrol officers arrived at the scene on Hale Avenue south of Kalana Avenue and determined it was unsafe to shoot the horse to put it out of its misery, according to the California Highway Patrol. They immediately called animal control and tri-county officers arrived before 8 p.m.

“Usually we do, however it was very close to a residential area,” CHP officer Jaime Rios said. “We didn’t feel that it would be safe at the time.”

He said if an animal is suffering and it’s on a freeway or in a rural area, officers will euthanize it. Rios said passengers did not see the horse once it was hit and suffering.

Rios said the bus on southbound line 68 was traveling about 40 mph when it struck the horse.

VTA spokesperson Jennie Hwang Loft said the horse ran loose from a group of horses in a pasture when it ran in front of the bus. She said the bus driver suffered minor injuries.

A VTA bus stop is located at Hale and Kalana avenues, but authorities are unsure how near it was to where the accident occurred. The roadway was closed for about 90 minutes and the bus was eventually towed away. The horse was taken away by tri-county officers. Passengers were eventually picked up by another VTA bus and taken to their destination.

No passengers reported any injuries, but the bus sustained extensive damage, according to the VTA. Rios said no drugs or alcohol were involved.

Authorities are still working to locate the owner of the horse and plan to contact neighbors today. There will not be any criminal charges filed because no passengers were injured. Rios said he can’t say if there would be any civil charges filed.

A man who drove by the incident, but did not want to be identified, said the horse was laying in the middle of the street, flopping around.

“I’ve seen a lot, but that was pretty brutal,” he said.

All animal owners in California are strictly liable for the acts of their animals. If any of the bus passengers, or the bus driver was injured in this crash, the animal owner would be liable for their injuries because they failed to contain their animal, and let it get loose.

All California animal owners must ensure that their animals are not let loose and are contained. Had the owner of the horse not let the horse get loose this potentially devastating accident woudl not have happened, and the horse would still be alive.

 Morgan Hill Bus Accident Attorney

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