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Questions to inquire about prior to hiring an Attorney or Lawyer

California Attorney at Law Norman Gregory Fernandez

California Attorney at Law Norman Gregory Fernandez

Chatsworth – California April 8, 2012

How can you know you have hired the ideal attorney for your legal matter? Exactly what are your legal rights when it comes to a given situation? Are you protected, guided properly, and will all the things involved in your matter be considered before decisions or actions are undertaken? Finding legal help right now can certainly be challenging, further, finding the right legal assistance can certainly be costly.

A part most typically associated with the initial challenge to locate a good attorney is a result of simply not understanding where to begin your actual search. Worse, the expense problem makes this process actually more daunting, presented with the probability of high retainer fees as well as hourly fees, and in the event that you will be looking out for your individual or your family’s needs, here are some thoughts to assist you.

A. Keep family as well as friends away from the legal advice area. I love the phrase “you don’t understand what you don’t understand.” Friends and family don’t understand what they don’t understand. Supplying you with imperfect or outright incorrect information and facts might be dangerous. Your circle of family and friends might be perfect for socializing and receiving everyday views on some things, but not for legal counsel. The majority of people do not know the actual law, how to legally resolve a legal matter, as well as the consequences of measures or omissions in the legal process.

Everyone has an opinion; however, when it comes to protecting you legally, in addition to guiding yourself, one’s family, or perhaps your business, you need more than a family member’s opinion. Family member’s advice may be well intended. But their advice may turn out to be very harmful to your legal case or issue. You should retain a completely independent attorney to deal with your actual legal issue, whether trivial or major, so you can actually obtain the proper legal guidance you need.

B. Stay far away from the ever increasing on-line document preparation solutions on the internet. These normally do not allow for a complete exchange of information and additionally may result in imperfect outcomes which may not fulfill ones actual needs. Documents produced in this manner might address your specifications. But if you have not really been asked proper inquiries, or if you don’t know everything involved, what is produced will be incomplete and could result in complications later because something crucial was not considered.

An example might be a simple Partnership Contract for the organization of a small business. Without terms within the Contract regarding what takes place if a Partner dies, you might have significant problems should that event arise. If you do not know to include a “death involving partner” provision in the contract, the actual on-line preparation service’s questionnaire may not either. Then, you might be devoid of an important part associated with the Contract, causing potential problems for you later on.

There is no way an online document preparation service can replace an experienced attorney.

Having an attorney can cost you more than using the on-line system, but the cost is well worth it. Just like you would never operate on yourself, you should never represent yourself. It is said that only a fool has himself for a client.

C. Find an attorney with a specialization or concentration within the area of law in which you need advice or legal assistance. Attorneys specialize similarly to doctors. You wouldn’t speak to a foot doctor about heart problems or a pediatrician about your aging parent’s memory difficulties. As plainly obvious as these examples appear, you actually might be undertaking the legal equivalent by talking to the incorrect attorney. Find an attorney that practices in the area you need help in.

D. When searching for an attorney, request family and friends (now is the time to involve them) if they know someone good. Go to your computer or smart phone and use the internet to search for a lawyer. For example to find a biker lawyer, type into the search engine “Biker Lawyer,” or if you are looking for a car accident attorney in Chatsworth, California, type in “car accident lawyer in Chatsworth, California. The more specific you type in your search the better.

A word of caution, major search engines like Google, Bing, and Yahoo usually reserve the first 3 spots on the top of the search engine results for sponsored listings or paid advertisements. This means that the first three results on any search you do are paid advertisements. Further, all of the listings on the right hand part of the screen are usually also paid listings and paid advertisements.

There are also major directories that pop up in the search results that contain nothing but attorneys and lawyers who pay for listings.

Just because a lawyer pays for a sponsored listing or advertisement, does not mean they are the best attorney for you. As a matter of fact I recommend that you stay away from the hacks that pay for sponsored listings or advertisements all over the search engines.

Instead you want to find attorneys who are experienced and who you can speak to. A fancy ad does not make a good lawyer.

Yes, attorneys can certainly be expensive. Ask the attorney before you hire him or her how they will charge you. Ask for an estimate of the actual total costs that will most likely be involved. Ask if the lawyer will allow a few minutes for a free of charge consultation. Ask the attorney about their experience. Notice if you get through to the lawyer or if staff members block your actual access. There is nothing wrong with staff addressing your routine questions, however if you want to talk to the actual attorney, you should be allowed to do so.

Types of Fees.

Flat fees tend to be routine for “one-time” legal services, such as representation in a courtroom for a traffic or certain criminal offenses, as well as for the preparation of papers, such as a contract or perhaps a will.

Hourly fees are normal for matters which will entail continuing services, including representation in a divorce or child custody matter, or for business lawsuits. Often attorneys may ask for a “retainer” in advance; this allows them to acquire their fee while they do the work, and it safeguards them in case you decide to not pay them. As the retainer is used up, the lawyer will ask for another retainer.

Contingency fees are often charged for personal injury matters, such as automobile accident cases, or slip and falls, wherein the attorney will receive a percentage of the total recovery when, and only if there is a recovery for you.

Understanding how fees will be charged and collected is an integral part associated with the attorney selection process. Possessing this information will enable you to compare attorneys and then make an informed decision. Note that the least expensive attorney is not always the best. Per hour fees tend to increase with the attorney’s degree of experience. My advice is to take your time with a selection and ask questions. Shelling out money for legal matters may not be fun, but the results should be better than not hiring an attorney to safeguard you, and will most likely in the end save you money.

Norman Gregory Fernandez is an attorney at law licensed throughout the great State of California, and has been practicing law since 1997. He represents personal injury victims and routinely fights insurance companies and big businesses that won’t accept total responsibility for the harms and losses that they cause. He can be reached anytime by calling 800-816-1Law (800-816-1529), via email, or through his website. He’s also available to talk to your group about numerous legal topics.

If you or your family have been the victim of a truck crash, car crash, or other motor vehicle accident in Oxnard or anywhere in California call us for a free consultation at 800-816-1529 x. 1, or go to http://www.thepersonalinjury.com.

California Personal Injury Attorney Website

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

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.

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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Tort Reform is a big Scam; Why Tort Reform will Hurt You and take away more of Your Freedom!

Tort Reform is a ScamWhen you hear the term “Tort Reform” realize they what you are really hearing is a call to take away your legal right to get compensation when you are injured due to the negligence of another, to protect big business, the insurance companies, the big pharmaceutical companies, and big medicine; as though they are not rich enough.

You will be the only one getting screwed with tort reform; mark my words.

 I hear a certain political party constantly preaching about tort reform this and tort reform that in a way to demonize personal injury attorneys as the fall guys for excessive costs of medical care, insurance, and everything else you can imagine.

You see they like to blame attorneys for taking on big business, the insurance companies, the big pharmaceutical companies, and big medicine, when they screw up and harm you.

Hell, 99.9% of the time, we are the only way you are going to be compensated when you are harmed due to the negligence of big business, doctors, pharmaceutical companies, or big insurance companies.

You don’t hear members of this political party telling you this do you?

One thing they don’t tell you is that since the 1970’s, there has already been a cap on general damages in medical malpractice cases of $250.000 in the State of California.

This means that if a doctor screws up and let’s say cuts out your only good kidney, or let’s say misdiagnosis an illness like cancer, you only get $250,000 for general damages in the State of California. Does this seem right to you? Hell no!

The laws of the State of California basically protect doctors from their negligence and the laws have done so since the 1970’s. States such as Texas have in the past couple of years, recently enacted their own tort reform laws. My understanding is that in Texas there is a $750.000 cap on general damages.

California is way behind the eight ball in this regard; we can only get $250,000 for general damages. It is time to either remove the cap in California or to increase it to reflect the inflation that has occurred since the 1970’s.

Look if you are the victim of medical malpractice, how much would the pain and suffering, loss of enjoyment of life, and emotional distress be worth to you if let’s say a doctor screws up and cuts off the wrong leg, or even caused the death of a loved one?

Do you want some law to prevent you from recovering from your loss? This is tort reform. It is time to get educated folks and stop believing those talking heads who pocket big bucks from those who would save money with tort reform.

This is the essence of tort reform; it is taking away your legal rights, to protect a class of persons or corporations from the harm that they cause by limiting what you can get from them if they screw up your life.

You will see that one political party preaches about less government, and less regulation and intrusion, and they in the same breath will argue to regulate your legal right to obtain compensation as an individual when you are harmed. Who are they protecting? Big business, big medicine, insurance companies, everyone but you. These people are full of shit.

It does not matter what political party you are from when your life gets turned upside down in a personal injury case does it. In the end we are all the same; when we are sitting on our couch injured and hurting due to the negligence of another, all we want is to get better, to get compensated, and to get our lives back. Tort reform prevents this. This is what pundits do not tell you.

These are the same guys that are saying that providing medical coverage to millions of Americans, and prohibiting insurance companies from denying you coverage for pre-existing coverage is a bad thing. These guys are despicable.

It is time to expose the lies America. Tort reform is against your interest and your freedom as Americans.

This is another way to screw the little guy and protect those who are already making a fortune at your expense!

It is time to become educated folks. I am on the front lines of this fight on a daily basis. Any one of you could be sitting in my office looking for help for your personal injury case; you never know. What you should know is tort reform is bad for you; it is bad for all of us.

By California Personal Injury Attorney Norman Gregory Fernandez, Esq., © 2009

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Representing Yourself in a California Personal Injury Case is Just Plain Dumb!

California Personal Injury Lawyer, Norman Gregory Fernandez, Esq.Recently I talked to a man who was rear ended in a car accident, and suffered injuries. He received medical treatment which totaled approximately $5,000.00. He stated that the insurance company told him to submit a demand, which he did. He then told me that the insurance company kept telling him to wait just a little longer, and that they would work it out, etc.

Well guess what, the man waited for two years and two days after the accident to call me for a consultation. He is basically shit out of luck; S.O.L. for short! You see you only have two years from the date of the injury to file a lawsuit. This is also known as the statute of limitations for filing a law suit in this type of case. Ignorance of this fact is no excuse for waiting.

Had the man called me one week before the statute of limitations expired, I might have taken the case and filed the requisite lawsuit for him. Unfortunately for him, it was too late. In this mans zeal to in his mind to get more money by not getting an attorney, he got nothing. Little did he know that in the vast majority of cases, a plaintiff in a personal injury case gets more money with an attorney, then without.

I recently spoke to a lady who also happened to work for an insurance company. She had a car accident and was still treating. She was told she may need surgery. The defendant insurance company offered her $7,000.00. She talked to some (moronic) friends at her insurance company who told her it was a good offer, and she took it. She signed a settlement and release of all claims, her case is over. She calls me after the fact to see if she can get out of it. The answer was no! She is stuck with her dumb decision.

I always ask myself why persons injured in a motor vehicle accident, slip and fall, dog bite, or other type of personal injury would not at least call a personal injury attorney like me to obtain at least a free consultation to find out what their rights are? If someone was very sick would they not go see a doctor? Sure they would. So why do people try to handle personal injury cases on their own. Don’t they realize it is the dumbest thing you can do? Don’t they realize that they may be entitled to untold thousands or more in compensation for their injuries? Don’t they realize that personal injury attorney’s such as myself charge nothing unless we recover money for you.

Now granted there are tons of personal injury attorney’s out there. In my opinion most are just settlement mills looking for the quick buck. Not me or my firm!

If you have a personal injury case in California, call me for a free consultation at 800-816-1529 ext. 1. If I can help you, I will. I  will fight to get you as much money as possible in your case.

Don’t be cheap, and don’t be dumb, retain an attorney to get more money than you will on your own. Don’t be like the fools above, instead of cutting out attorneys fees; they cut themselves totally out of any real settlement!

By California Personal Injury Lawyer Norman Gregory Fernandez, © 2009

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What Do You Do When Your Motel or Hotel Has Bed Bugs? Don’t the let Bed Bugs Bite!

California Personal Injury Lawyer Norman Gregory Fernandez discusses an inkeepers duty not to allow bed bug infestations in hotel rooms, or motel rooms.Imagine you and your spouse have been traveling for many hours on a major interstate highway on your motorcycle or in your car, truck or other motor vehicle.

You and your spouse are very tired, sleepy, and decide to get a hotel or motel for the evening. You stop at what you think is big name, trustworthy, reputable motel chain to get a room for the night.

As you are sleeping you start to feel itchy, and that something is wrong. Imagine waking up to find out that you have been bitten hundreds of time by bed bugs or other blood eating insects! You have got that right bed bugs! Imagine the bites becoming infected; for weeks you suffer not only with the infection, but when it goes away, you have permanent scarring. Here is a link to the Harvard School of Public Health which explains what bed bugs are in great detail.

What do you do?

Well the first thing that you should do under the circumstances is seek medical treatment as soon as possible. A few bites are one thing, but hundreds are a whole different matter. You could have an allergic reaction, they could become infected, you could suffer scarring, etc. Prompt medical treatment will most likely give you a better prognosis.

The next thing you should do is take pictures of your bites. If you do not have a digital camera, buy a disposable camera and take pictures.

You should then notify the hotel / motel owner or manager of what happened as soon as reasonably possible, preferably before you check out. Obviously you do not want to go back into the room unless you have to, and anything taken out of the room by you needs to be washed, scrubbed, thrown out, etc., or you risk taking the bed bugs with you.

You should then immediately call a California Personal Injury Attorney such as me if your incident occurred anywhere in the State of California or another personal injury attorney if your incident occurred outside of California. You should call a personal injury attorney within 24 to 48 hours of your incident because of all the things that need to be done in your case, and because of all of the things you can do to screw your case up on your own.

Motel / Hotel (“Innkeepers”) owners have a higher duty of due care than normal to ensure that their rooms are safe and habitable for paying guest. If they allow bedbug infestations, or other insect infestations to cause injuries to their guests, they are liable for all damages proximately caused for their failure to prevent such infestations.

Check out my California Personal Injury Website Here for valuable information about personal injury cases. Remember, only a fool has himself or herself for a client.

If you have been the victim of bed bugs in a hotel / motel, a car accident, a truck accident, a motorcycle accident, a dog bite, a slip and fall, or any other personal injury, anywhere in the State of California that you think may have been caused by someone else, or where you think someone else may be responsible for your injuries, give us a call 7 days a week, 24 hours a day at 800-816-1529, extension 1. We will give you a free consultation over the phone, and tell you what we think about your case.

If we believe that we can help you, you may retain our firm on a contingency basis (in most cases) which means that you will not have to pay any money out of your pocket, unless we recover for you.

If you do not feel like calling you can click here to submit your California case to us online. If we feel that we can help you, we will respond to you. Either way, you have nothing to lose, and potentially everything to gain.

Take care all and remember; don’t let the bed bugs bite!

By California Personal Injury Attorney Norman Gregory Fernandez, © 2008

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Where My Law Firm Handles Personal Injury Cases In California.

California Personal Injury Lawyer, Norman Gregory Fernandez, Esq.My firm handles personal injury cases in the following cities and counties thoughout California.

Southern California, Central California, Northern California, 29 Palms, Adelanto, Agoura Hills. Alameda, Albany, Alhambra, Aliso Viejo, Alturas, Amador City, American Canyon, Anaheim, Anderson, Angels Camp, Antioch, Apple Valley, Arcadia, Arcata, Arroyo Grande, Artesia, Arvin, Atascadero, Atherton, Atwater, Auburn, Avalon, Avenal, Azusa, Bakersfield, Baldwin Park, Banning, Barstow, Beaumont, Bell, Bell Gardens, Bellflower, Belmont, Belvedere, Benicia, Berkeley, Beverly Hills, Big Bear Lake, Biggs, Bishop, Blue Lake, Blythe, Bradbury, Brawley, Brea, Brentwood, Brisbane, Buellton, Buena Park, Burbank, Burlingame, Calabasas, Calexico, California City, Calimesa, Calipatria, Calistoga, Camarillo, Canoga Park, Canyon Lake, Capitola, Carlsbad, Carmel-by-the-Sea, Carpinteria, Carson, Cathedral City, Century City, Ceres, Cerritos, Chatsworth, Chico, Chino, Chino Hills, Chowchilla, Chula Vista, Citrus Heights, Claremont, Clayton, Clearlake, Cloverdale, Clovis, Coachella, Coalinga, Colfax, Colma, Colton, Colusa, City of Commerce, Commerce, City of Industry, Compton, Concord, Corcoran, Corning, Corona, Corona Del Mar, Coronado, Corte Madera, Costa Mesa, Cotati, Covina, Crescent City, Cudahy, Culver City, Cupertino, Cypress, Daly City, Dana Point, Danville, Davis, Del Mar, Del Rey Oaks, Delano, Desert Hot Springs, Diamond Bar, Dinuba, Dixon, Dorris, Dos Palos, Downey, Duarte, Dublin, Dunsmuir, East Los Angeles, East Palo Alto, El Cajon, El Centro, El Cerrito, El Monte, El Segundo, Elk Grove, Emeryville, Encinitas, Escalon, Escondido, Etna, Eureka, Exeter, Fairfax, Fairfield, Farmersville, Ferndale, Fillmore, Firebaugh, Folsom, Fontana, Fort Bragg, Fort Jones, Fortuna, Foster City, Fountain Valley, Fowler, Fremont, Fresno, Fullerton, Galt, Garden Grove, Gardena, Gilroy, Glendale, Glendora, Goleta, Gonzales, Grand Terrace, Grass Valley, Greenfield, Gridley, Grover Beach, Guadalupe, Gustine, Half Moon Bay, Hanford, Hawaiian Gardens, Hawthorne, Hayward, Healdsburg, Hemet, Hercules, Hermosa Beach, Hesperia, Hidden Hills, Highland, Hillsborough, Hollister, Hollywood, Holtville, Hughson, Huntington Beach, Huntington Park, Huron, Imperial, Imperial Beach, Indian Wells, Indio, Industry, Inglewood, Ione, Irvine, Irwindale, Isleton, Jackson, Kerman, King City, Kingsburg, La Canada Flintridge, La Habra, La Habra Heights, La Mesa, La Mirada, La Palma, La Puente, La Quinta, La Verne, Lafayette, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Elsinore, Lake Forest, Lakeport, Lakewood, Lancaster, Larkspur, Lathrop, Lawndale, Lemon Grove, Lemoore, Lincoln, Lindsay, Live Oak, Livermore, Livingston, Lodi, Loma Linda, Lomita, Lompoc, Long Beach, Loomis, Los Alamitos, Los Altos, Los Altos Hills, Los Angeles, Los Banos, Los Gatos, Loyalton, Lynwood, Madera, Malibu, Mammoth Lakes, Manhattan Beach, Manteca, Maricopa, Marina, Martinez, Marysville, Maywood, McFarland, Mendota, Menlo Park, Menifee, Merced, Mill Valley, Millbrae, Milpitas, Mission Viejo, Modesto, Monrovia, Montague, Montclair, Monte Sereno, Montebello, Monterey, Monterey Park, Moorpark, Moraga, Moreno Valley, Morgan Hill, Morro Bay, Mount Shasta, Mountain View, Murrieta, Napa, National City, Needles, Nevada City, Newark, Newman, Newport Beach, North Hills, North Hollywood, Norco, Northridge, Norwalk, Novato, Oakdale, Oakland, Oakley, Oceanside, Ojai, Ontario, Orange, Orange Cove, Orinda, Orland, Oroville, Oxnard, Pacific Grove, Pacifica, Palm Desert, Palm Springs, Palmdale, Palo Alto, Palos Verdes Estates, Paradise, Paramount, Parlier, Pasadena, Paso Robles, Patterson, Perris, Petaluma, Pico Rivera, Piedmont, Pinole, Pismo Beach, Pittsburg, Placentia, Placerville, Pleasant Hill, Pleasanton, Plymouth, Point Arena, Pomona, Port Hueneme, Porterville, Portola, Portola Valley, Poway, Rancho Cordova, Rancho Cucamonga, Rancho Mirage, Rancho Palos Verdes, Rancho Santa Margarita, Red Bluff, Redding, Redlands, Redondo Beach, Redwood City, Reedley, Reseda, Rialto, Richmond, Ridgecrest, Rio Dell, Rio Vista, Ripon, Riverbank, Riverside, Rocklin, Rohnert Park, Rolling Hills, Rolling Hills Estates, Rosemead, Roseville, Ross, Sacramento, Salinas, San Anselmo, San Bernardino, San Bruno, San Buenaventura, San Carlos, San Clemente, San Diego, San Dimas, San Fernando, San Fernando Valley, San Francisco, San Gabriel, San Gabriel Valley, San Jacinto, San Joaquin, San Jose, San Juan Bautista, San Juan Capistrano, San Leandro, San Luis Obispo, San Marcos, San Marino, San Mateo, San Pablo, San Rafael, San Ramon, Sand City, Sanger, Santa Ana, Santa Barbara, Santa Clara, Santa Clarita, Santa Cruz, Santa Fe Springs, Santa Maria, Santa Monica, Santa Paula, Santa Rosa, Santee, Saratoga, Sausalito, Scotts Valley, Seal Beach, Seaside, Sebastopol, Selma, Shafter, Shasta Lake, Sierra Madre, Signal Hill, Simi Valley, Solana Beach, Soledad, Solvang, Sonoma, Sonora, South El Monte, South Gate, South Lake Tahoe, South Los Angeles, South Pasadena, South San Francisco, St. Helena, Stanton, Stockton, Studio City, Suisun City, Sunnyvale, Susanville, Sutter Creek, Taft, Tarzana, Tehachapi, Tehama, Temecula, Temple City, Thousand Oaks, Tiburon, Torrance, Tracy, Trinidad, Truckee, Tulare, Tulelake, Toluca Lake, Turlock, Tustin, Twentynine Palms, Ukiah, Union City, Upland, Vallejo, Valley Village, Van Nuys, Ventura, Vernon, Victorville, Villa Park, Visalia, Vista, Walnut, Walnut Creek, Wasco, Waterford, Watsonville, Weed, West Covina, West Hills, West Hollywood, West Sacramento, West Carson, West Los Angeles, Westlake Village, Westminster, Westmorland, Wheatland, Whittier, Williams, Willits, Willows, Windsor, Winnetka, Winters, Woodlake, Woodland, Woodland Hills, Woodside, Yorba Linda, Yountville, Yreka, Yuba City, Yucaipa, Yucca Valley, Alameda County, Alpine County, Amador County, Butte County, Calaveras County, Colusa County, Contra Costa County, Del Norte County, El Dorado County, Fresno County, Glenn County, Humboldt County, Imperial County, Inyo County, Kern County, Kings County, Lake County, Lassen County, Los Angeles County, Madera County, Marin County, Mariposa County, Mendocino County, Merced County, Modoc County, Mono County, Monterey County, Napa County, Nevada County, Orange County, Placer County, Plumas County, Riverside County, Sacramento County, San Benito County, San Bernardino County, San Diego County, San Francisco County, San Joaquin County, San Luis Obispo County, San Mateo County, Santa Barbara County, Santa Clara County, Santa Cruz County, Shasta County, and Sierra County.

California is a very big State with many different cities and counties as you can see. If you have been the victim of a personal injury in any of the above cities or counties, give me a call at 800-816-1529 for a free consultation!

By Norman Gregory Fernandez, Esq., © 2008

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Types of Personal Injury Cases We Handle In California.

The Law Offices of Norman Gregory Fernandez handles many types of personal injury cases throughout CaliforniaMy law firm handles most types of personal injury cases throughout the State of California.

We have offices in Southern California and Northern California, and can come to you to sign you up for most personal injury cases, so that you do not have to waste gas driving to our office.

We like to make things convenient for our clients.

If you have had a California Personal Injury including but not limited to: Car Accidents, Motorcycle Accidents, Dog Bites, Wrongful Death, Product Liability, Truck Accident, Brain Injury Lawyers in California, CA Motorcycle Accident Law Firm, California Seat Belt Injury Attorneys, California Food borne Illness Lawyers, Truck Accident in California, 15 Passenger Van Rollover in California, CA Auto Product Liability Law, Auto Accidents in California, California Bus Accidents, California Train Accidents, Pedestrian Accidents in California, Seatback Failure, Roof Crush, Dog Bites, Nursing Home Abuse, On-the-job Injuries in CA, California Swimming Pool Accidents, California Slip, Trip and Fall, Wrongful Death, CA Aviation Accidents, Watercraft Injury in California, Toxic Chemicals, Asbestos Poisoning, California Premises Liability, Products Liability in California, CA Failure to Warn of Dangers, California Amusement Park Accidents, California Medical Malpractice, Legal Malpractice in California, California Child Car Seat Injury, Construction Accidents, Catastrophic Injuries, Funeral Home Abuse, California Wrongful Death, give us a call now.

We are aggressive personal injury lawyers located in California. We will see to it that you get quality medical care, and work aggressively to get you the highest possible monetary compensation via settlement or by judgment at trial.
Call us 7 days per week, 24 hours per day at 800-816-1529 ext. 1.

By Norman Gregory Fernandez, Esq., © 2008

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How Much Money is Your Personal Injury Case Worth?

California Personal Injury Lawyer Norman Gregory Fernandez discusses case valuations.As a personal Injury Lawyer the number one question I get from every prospective or existing client is; how much money will I get for my personal injury case?

The actual answer to the question is that no personal injury lawyer can honestly tell you the answer to the question unless they have E.S.P. or are clairvoyant.

Not only is each case is different, but an attorney would have to be a clairvoyant to be able to predict the outcome of your case. If you do find a personal injury lawyer who promises he will get you a million dollars in a rear ender soft tissue injury case, ask him to put it in writing and then sign up with him or her! They would be contractually obligated to get you what they promised if they put their promise in writing! I know of NO Reputable Personal Injury Lawyer who would make such promises, or put such promises in writing! All we as personal injury lawyers can promise to do is our best to get you what you are entitled to. Anyway…………..

I have heard stories of some shysters out there promising the world to potential new personal injury clients, just to get them to sign up with their office. If it sounds too good to be true, it probably is! A good and reputable personal injury lawyer cannot, and will not predict the outcome of a case during an initial consultation where the damages that have been incurred are not even known yet.

With that being said a good personal injury lawyer can look at the many factors that come into play in your particular personal injury case to determine what a case may be worth with regards to settlement value. There is a huge difference between a lawyer telling you what you case may be worth without knowing your damages, and a lawyer telling you what the settlement value of your case may be after a through examination of the facts and damages in your case once they are ascertained.

Did you pick up on how I talk about settlement value? You see there is a huge difference between the settlement value of a case, and a potential jury verdict! Once a case goes before a jury, all bets are off. The value of your case is what they jury decides it is worth no matter what is argued. They can decide to not give you anything at all. Jury awards in California depend on 9 out of 12 jurors reaching a consensus on your case. Some courthouses and counties are known to be more liberal or conservative than others which is also a factor in what a jury may do. It is therefore impossible for any personal injury lawyer to predict what a jury will do with a case once they get it.

Experienced personal injury lawyers such as myself, have formulas that we use to determine what a good settlement value of a case may be both before and/or during litigation. After doing so many cases for so many years, I have a very good idea of what the settlement value of a particular case may be.

Personal injury case valuations depend on many things such as; nature and extent of injuries; medical bills; future medical bills; permanent bodily damage; out of pocket expenses, etc. Obviously a person who tries to work their own personal injury case without a lawyer has no clue what they are entitled to, and will end up getting little or nothing if they go at it on their own.

So going back to the original question; what is your personal injury case worth? The answer is that it all depends! Your first step should be to retain a competent personal injury lawyer and then go from there.

If you, your family, or your friends have been injured anywhere in the State of California, you may call my office for a free consultation at 800-816-1529.

By Norman Gregory Fernandez, Esq., © 2007

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When a Personal Injury Exacerbates a Pre-Existing Medical Condition; The “Egg Shell Skull” Theory.

California Personal Injury Lawyer Norman Gregory Fernandez discusses egg shell skull theory.Many people live their lives with pre-existing medical conditions such as: Bad knees; degenerative conditions in the back, previous broken bones that have healed, etc.

Are you entitled to recover for damages in a personal injury accident when a pre-existing medical condition is exacerbated? Yes!

The Egg Shell Skull Theory

The Egg Shell Skull Theory goes something like this. Let’s say Humpty Dumpty, who has a skull as thin as an egg shell, is driving, and gets into a car accident that is not his fault. His skull being as thin as an egg shell shatters into a million pieces so that all of the king’s horses and all of the king’s men could not put his head together again. Can Humpty Dumpty recover for his injuries considering the fact that he had a skull as thin as an egg shell, which is not normal for human beings? Yes!

The law of personal injury in a nutshell (not to be confused with egg shell) makes persons who are negligent, liable for injuries that they cause that are reasonably foreseeable. The case law on the subject has concluded that it is reasonably foreseeable that persons who are injured may have pre-existing conditions, or deformities, and that a negligent person must take the injured person as they find them. Hence Humpty Dumpty is entitled to a recovery eventhough is head is as thin as an egg shell.

Pre-Existing Conditions

I do many personal injury cases where a person suffers an injury due to the negligence of another, and the injury is actually diagnosed as a condition that existed prior to the accident, but was exacerbated or became symptomatic after the injury accident.

Many people who have pre-existing conditions learn to live with their conditions, are pain free notwithstanding their conditions, or have minimal discomfort due to their conditions. Some may even have a large amount of pain or loss of mobility due to their conditions.

These people are entitled to recover for their losses just like anyone else who is injured in a Personal Injury accident that is not their fault. Crafty insurance company adjusters and insurance company lawyers will try to limit their liability by claiming that the injured person was not injured at all in an accident, and that they had a pre-existing medical condition which cuts off or limits their liability.

Some persons with pre-existing medical conditions may not even seek legal advice or retain a lawyer after they are injured, because they figure that they already had the condition before the accident in the first place. This is a huge mistake.

The bottom line is that any person who is injured due to the negligence of another, and who has a pre-existing medical condition, is entitled to recover compensatory damages that were caused by the accident. If a pre-existing medical condition or disability is made worse or symptomatic as a result of the accident you are entitled to recover.

It takes a good personal injury lawyer, who knows the law to get you what you are entitled to.

If you have suffered a personal injury, you can check out my personal injury website by clicking here, for valuable information on these types of cases.

If you would like a free consultation on your California personal injury case you may call me at 818-584-8831, go to my website at www.thepersonalinjury.com and click on the Free Case Evaluation Link, or you may email me at law@norman-law.com. I will tell you for free what I think of your case, and whether I can help you.

By Norman Gregory Fernandez, Esq., © 2007

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DOG BITE CASES IN CALIFORNIA; YOU BETTER WATCH YOUR PUP!

Dog Bites by California Dog Bite Attorney Norman Gregory FernandezThere is no doubt that Americans love their pets. Human beings and dogs have been living together for tens of thousands of years. There is a saying that “a dog he is a man’s best friend.”

I am myself have three dogs; two Siberian Huskies, and a good old-fashioned American Mutt that I rescued from a pound.

Although a dog may be your best friend, a dog could turn into your worst nightmare if the dog bites and/or otherwise attacks a person.

In the state of California; dog owners are strictly liable for the actions of their dogs. In other words if your dog bites a person, you are strictly liable for all damages that the dog causes.

No matter how well trained your dog is, you really never know when they will bite. Even small breeds can cause bites that result in permanent scarring, and significant damages.

It is your responsibility as a dog owner to ensure that your dog does not bite another person. You should always walk your dog on a leash; secure your yard and home so that the dog cannot run away and bite someone; and secure your dog in a room when you have visitors at your home. If you do not take precautions when it comes to your dog, you could get hit with significant damages in a lawsuit if your dog bites someone.

In some instances, your homeowner’s insurance policy may cover you if your dog bites someone in your home or on your property. In some instances they may not. If you do have homeowners insurance that will cover a dog bite, that is great, however in the end you will probably end up paying a higher premium for homeowners insurance, or have your insurance canceled altogether. If you do not have insurance, you can get stuck with a massive judgment in a lawsuit that you have to pay out of your own pocket.

Last year I settled a dog bite case for over $300,000. I have settled many other dog bite cases as well. Dog bite cases are much more prevalent than people think. In the $300,000 case that I settled, a woman suffered horrendous injuries when a dog bit her in the face while she was petting a dog on a couch. The owner thought that the dog was docile, and reported that there were no previous incidents of the dog biting anybody. It did not matter; in California a dog owner is strictly liable for dog bites. Luckily for the owner of the dog in the case that I am discussing, he had a homeowner’s insurance policy that covered the incident.

There is another issue with respect to dog bite cases that affects landlords who rent their property out to persons who own dogs; a landlord can be held liable for their tenant’s dogs under negligence, and premises liability theory. I have successfully handled cases against landlords whose tenant’s dogs bit a person.

Landlords are not strictly liable for dog bites caused by their tenant’s dogs, however they could be held liable under negligence and premises liability theory, if they know or should have known that any dogs owned by their tenants had a propensity to be aggressive and/or to bite people.

The bottom line is this; love your dogs, enjoy your dogs, but make sure you keep your dogs under control at all times. The consequences of not doing so could be disastrous.

If you are a landlord, you may want to exercise extreme caution when renting to people with dogs.

If you are the victim of a dog bite in the state of California, you may call my office for a free consultation at 818-584-8831 extension 1, or you can click here now to go to my personal injury website.

If you are the owner of a dog that has bitten someone, and you’re not covered by insurance, you may also call me for a free consultation. The same holds true for landlords who are being sued as described above.

If you are not in the state of California, I highly recommend the consult with a competent personal injury attorney in your state.

By Norman Gregory Fernandez, ESQ. © 2006

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WHAT IS A WRONGFUL DEATH CASE IN CALIFORNIA?

Norman Gregory Fernandez, Esq. Wrongful Death LawyerA wrongful death case is a case where a person dies due to the intentional or negligent act of another, or entity. The law allows relatives, domestic partners, and persons who depend upon the wrongful death victim for support to sue for wrongful death. The issue of who can sue for wrongful death is covered below.

Wrongful death cases are traditionally amongst the most emotionally charged cases in personal injury.

Wrongful death cases can take many forms. For instance; a loved one could be killed in a car or motorcycle accident that was not their fault; a loved one may have been killed due to excessive use of force by the police or a private security agency; a loved one may have been killed due to a dangerous condition on public or private property, including defective roads or improperly placed road signs; a loved one may have been killed due to the defective construction of a building on real property; an unborn child may have died due to the negligence of a doctor, or due to an assault and battery on the mother; a loved one may have been killed due to a defective product, or negligent repair.

A wrongful death case can arise when someone was injured in an accident, and then subsequently dies as a result of their injuries.

TIME LIMIT TO FILE A LAWSUIT FOR YOUR WRONGFUL DEATH (CALIFORNIA STATUTE OF LIMITATIONS)

The present Statute of Limitations for filing a lawsuit for wrongful death in the State of California is two (2) years from the date of the accident or incident causing the wrongful death. If you do not file a lawsuit within two (2) years, you lose your right to sue! CCP § 335.1

There are exceptions to the above rule if the wrongful death was caused by the negligence of a doctor or health care provider, or due to building defects.

If the defendant to the wrongful death action is a governmental entity, a claim must be filed with that governmental entity within 6 months from the date of the accident. If the entity rejects the claim, you must then file a lawsuit within six (6) months of the rejection.

WHO CAN SUE FOR WRONGFUL DEATH

A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the victims personal representative on their behalf:

(a) The victims surviving spouse, domestic partner, children, and offspring of deceased children, or, if there is no surviving children of the victim, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the victim by intestate succession (a person dying without a will).

(b) Whether or not qualified under (a) above, if they were dependent on the victim, the putative spouse, children of the putative spouse, stepchildren, or parents. ‘Putative spouse’ means the surviving spouse of a void or voidable marriage who is found by the court to have believed in good faith that the marriage to the victim was valid.

(c) A minor, if, at the time of the victims death, the minor resided for the previous 180 days in the victims household and was dependent on the victim for one-half or more of the minor’s support.
As you can see, there are many people that may qualify to sue for wrongful death. Our law firm handles wrongful death cases, and can tell you whether or not you have the right to sue for wrongful death.

Compensation That You Are Entitled To In a Wrongful Death Case
WRONGFUL DEATH DAMAGES

Financial Support – The financial support, if any, that the person who was a victim of wrongful death would have contributed to the family during either the life expectancy that the victim had before [his/her] death or the life expectancy of the person who is suing, whichever is shorter.

The Loss of Gifts and Benefits – The loss of gifts or benefits that the person who is suing would have expected to receive from the victim of a wrongful death.

Funeral and Burial Expenses – The cost of funeral and burial expenses.

The Reasonable Value of Household Services – The reasonable value of household services that the victim would have provided

The loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support that the victim would have provided.

The loss of the enjoyment of sexual relations with the victim.

The loss of training and guidance of the victim.

If you believe you may have a California wrongful death case, it is important to call our office for a free consultation on your specific matter. You may call our office at 818-584-8831 extension 1 for a free consultation, or you may go to our Wrongful Death Website by clicking here. If the your case is outside of the State of California then you should consult with a competent wrongful death lawyer in your State.

By Norman Gregory Fernandez, Esq. , Copyright 2006

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Welcome to the California Personal Injury Law Blog.

Califonria Personal Injury Lawyer Norman Gregory Fernandez, Esq.I wish to welcome everyone to the California Personal Injury Law Blog. Like the name infers, this Blog is about Personal Injury Law, and everything related thereto.

I will write articles related to Personal Injury Law which will be primarily geared towards California Law. However, I might offer commentary, or post links to Personal Injury subjects outside of the State of California. On some occasions I may post articles that are totally off topic. I will try to mix things up and make this blog interesting.

I am a California Personal Injury Lawyer, licensed to practice law in the State of California, and before the United States Court, Central District.

My firm has offices in Southern California and Northern California. We handle personal injury cases throughout the great State of California.

If you want a free consultation on a California Personal Injury case, you may call my office at 818-584-8831, you may contact me through this blog by clicking the contact button on the top of the blog or by Clicking Here, or you may go to my Personal Injury Website at www.thepersonalinjury.com . If you have a non California Personal Injury Case and you need a lawyer, I may be able to find someone for you in your State. Use the contact button at the top of the Blog to contact me and I will see what I can do.

I am requesting that everyone read the Legal Disclaimer, by clicking on the Legal Disclaimer button on the top of the Blog, or by Clicking Here Now.

I invite everyone to register as members of the California Personal Injury Law Blog by Clicking Here Now, or by clicking the register button on the left sidebar. The advantage of being a member is that you will be notified of new articles that I write, and can more easily post comments once you are logged in.

I also invite everyone to post comments about the articles that you read on the California Personal Injury Law Blog whether you are a registered user or not. Just click on the comments text below each post that you want to comment on.

Finally, you may contact me by using the contact button on the top of the Blog, to suggest article ideas to me, or to suggest that I write an article on a Personal Injury Law subject that you might be interested in. I offer no guarantees that I will write a specific article, but I will try to accommodate my readers.

I recommend that you bookmark this blog in your browser, read all of the articles, and keep coming back. You never know when the day will come that you or your loved ones or friends may be the victim of a personal injury. What you read here may help you

By Norman Gregory Fernandez, Esq., © 2007

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