Products Liability | California Personal Injury Lawyer Blog

Category Archives: Products Liability

Types of Personal Injury Cases We Handle In California.

The Law Offices of Norman Gregory Fernandez handles many types of personal injury cases throughout California My 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.

0 Comments - Leave a comment!

Tags: attorney, california medical malpractice, Car Accident, law, lawyer, norman gregory fernandez, Personal Injury, Truck Accident, Wrongful Death

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.

0 Comments - Leave a comment!

Tags: attorney, Damages, law, lawyer, norman gregory fernandez, Personal Injury

Car, Motorcycle, and Other Motor Vehicle Insurance; Comprehensive and Collision Coverage

Written on July 25, 2007 by Norman Gregory Fernandez, Esq. in Bus Accidents, Car Accidents, Damages, Editorial, Insurance, Motorcycle Accidents, Other Motor Vehicle Accidents, Products Liability, Train Accidents, Truck Accidents, Wrongful Death

Norman Gregory Fernandez, Esq. Comprehensive and Collision coverage on your car, motorcycle, or other motor vehicle will cover the damage to your car, motorcycle, or other motor vehicle if you are in an accident that is your fault up to the “Fair Market Value,” of your vehicle. It will also cover your vehicle up to Fair Market Value if it is stolen.

Some Comprehensive and Collision coverage’s will cover damage to your car, motorcycle, or other motor vehicle even if the accident was not your fault.

If the cost of repairing your vehicle exceeds the Fair Markey Value of your vehicle, than the insurance company will consider your car, motorcycle, or other motor vehicle to be a “total loss,” and only pay you Fair Market Value for your car, motorcycle, or other motor vehicle.

Now what is Fair Market Value? Fair Market Value is the amount of money that your vehicle is actually worth on the street. Many people confuse this issue. You may have paid $20,000.00 for your car, motorcycle, or other motor vehicle, and you may owe $15,000.00 on you car, motorcycle, or other motor vehicle, however, once you drive the car, motorcycle, or other motor vehicle off of the dealers lot, it automatically decreases in value. Although you have paid the above amount for your car, motorcycle, or other motor vehicle, and you may owe the above amount for your car, motorcycle, or other motor vehicle, the Fair Market Value of you car, motorcycle, or other motor vehicle may only be $10,000.00!

Insurance companies value your car, motorcycle, or other motor vehicle on many factors which include but are not limited to: Year, Make, Model, Mileage, Condition, what identical or similar car, motorcycle, or other motor vehicles are selling for in your area, etc.

Many times people find out the hard way when their car, motorcycle, or other motor vehicle is totaled or the repair cost exceed the Fair Market Value of the car, motorcycle, or other motor vehicle, that the amount you receive from the insurance company is way below the amount owed on the car, motorcycle, or other motor vehicle. In today’s market where new new vehicle’s average $25,000.00 or more this situation is not uncommon, especially when the cost of repairing simple fender and paint damage may exceed $5,000.00.

I recommend that you always purchase Comprehensive and Collision Insurance. Without this type of coverage, you will get nothing for your property damage if the accident is your fault, and/or you will be at the mercy of the other drivers insurance company if you are not at fault. Check with your insurance company and read your policy for any limitations of coverage.

0 Comments - Leave a comment!

Tags: law, norman gregory fernandez

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

Written on July 17, 2007 by Norman Gregory Fernandez, Esq. in Assault and Battery, Car Accidents, Damages, Dangerous Conditions, Dog Bite, Editorial, Insurance, Intentional Torts, Motorcycle Accidents, Other Motor Vehicle Accidents, Personal Injury, Premises Liability, Products Liability, Slip and Fall, Trip and Fall, Truck Accidents, Wrongful Death

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.

1 Comment - Leave a comment!

Tags: Car Accident, Damages, law, lawyer, norman gregory fernandez, Personal Injury

You just had a Car, Motorcycle or other Motor Vehicle Accident; Now What?

Written on July 14, 2007 by Norman Gregory Fernandez, Esq. in Car Accidents, Damages, Editorial, Insurance, Motorcycle Accidents, Other Motor Vehicle Accidents, Personal Injury, Products Liability, Truck Accidents

Personal Injury, Car Accident, Motorcycle Accident Injury Lawyer Norman Gregory Fernandez

The statistics are amazing. 9 out every 10 persons who drive a car will eventually be involved in a car accident in their lifetimes. 3 out of every 9 persons will be in a car, motorcycle or other motor vehicle accident that involves alcohol.

You can see an article about what to do if you are involved in a car accident or other motor vehicle accident on my personal injury website by clicking here now.

You can see an article about what to do if you are involved in a motorcycle accident on my motorcycle accident lawyer website by clicking here now.

Many car, motorcycle, or other motor vehicle accidents involve someone in the car being injured and some do not. Most personal injury lawyers will not represent you on a contingency basis (no money out of your pocket unless there is a recovery) unless there are injuries involved in an accident. Some firms including mine can provide representation on a fixed fee or hourly basis to help you recover for out of pocket losses when you are in an accident with no injuries.

My firm will represent you on a contingency basis (no money out of your pocket unless there is a recovery) if you have an injury case that we accept.

You will see in the articles that I posted links to above, that it is critical to try to retain an attorney within the first 24-48 hours after an accident to get the prosecution of your case started.

There are many people that come to with me their cases after first going at it alone with the insurance company, only to realize that they are getting no where. Even I as a personal injury lawyer would not represent myself in a personal injury case. A good analogy is that trying to prosecute your own case is like trying to perform a medical operation on yourself. Only a fool has himself for a client!

For those of you who to try to go at it alone, anything you say to the insurance company, including recorded statements can be used against you in your case. It is important to let your attorney speak for you. Once you retain me on your case, we will do all of the work for you. Obviously you will need to keep us up to date on your medical treatment, and if litigation is commenced you will need to cooperate with us to take the case to trial if a trial is necessary.

You must realize that the insurance companies are in business to make money. They will do everything they can to either not pay you, or not pay you what you are entitled to. Do not expect an insurance company adjuster to voluntarily tell you what you are entitled to, or offer it to you. They would probably lose their jobs if they did!

If you have a car, motorcycle, or other motor vehicle accident, in California, and retain my firm; The Law Offices of Norman Gregory Fernandez & Associates, we will send our investigator out to you usually within 24 hours or less to gather the information about your case, get the necessary forms for us to represent you signed, take pictures, etc. Many other personal injury lawyers require you to come into their offices to retain them. We understand that if you are injured this can be a real hassle. We can even email you the necessary forms to sign up with our firm on your case.

The Law Offices of Norman Gregory Fernandez & Associates does everything possible to make the process of signing up, and obtaining a settlement or judgment as convenient as possible for you.

For those of you that do not have medical insurance; our firm can refer you to doctor’s who will take your case on a lien basis so that you can get medical treatment.

Once you retain my firm, our professional pre-litigation staff, litigation staff, and trial attorneys will do everything necessary to get you the maximum settlement or judgment possible.

Beware of any lawyer that makes a guarantee as to the outcome of your case. It is not only unethical to make a guarantee as to the outcome of your case, it is impossible to guarantee the outcome of a case. No lawyer is clairvoyant!

If my firm does take your case, it is because we believe that there is a substantial likelihood of being able to get a recovery for you. We put our money where our mouth is!

If you have a car, motorcycle, or other motor vehicle in the State of California, you may call my office 24 hours a day, 7 days a week for a free consultation at 818-584-8831 extension 1. If it is after hours our automated system will attempt to connect you to a lawyer to speak to you about a case. You may also submit your case through the Internet for a free case evaluation by clicking here now.

I have done consultations at 5:00am on Saturday mornings and try to make myself available to my clients after hours and on the weekends when necessary. Injury accidents do not ordinarily fit the normal 8:00-5:00pm Monday through Friday schedule. You should not sign up with a personal injury lawyer unless they are willing to accommodate your schedule and injuries.

You can check out my personal injury website by clicking here or by going to www.thepersonalinjury.com.

0 Comments - Leave a comment!

Tags: attorney, Car Accident, law, lawyer, norman gregory fernandez, Personal Injury

PRODUCTS LIABILITY IN CALIFORNIA; WHAT YOU SHOULD KNOW.

Written on July 10, 2007 by Norman Gregory Fernandez, Esq. in Car Accidents, Damages, Editorial, Insurance, Motorcycle Accidents, Other Motor Vehicle Accidents, Personal Injury, Products Liability, Truck Accidents, Wrongful Death

Norman Gregory Fernandez, Esq.

You may have heard the term products liability in newspapers, political speeches, or from your friends. In a nutshell, the term products liability is a legal term of art used to describe legal causes of action against manufacturers of products, and/or anyone in the chain of distribution, that sell a product which has a; manufacturing defect, design defect, or is otherwise defective due to the negligence of anyone in the chain of the distribution, and which causes injury to the user of that product.

A product could be defective if the manufacturer fails to warn of a risk known to them in using their product, and/or fails to provide a warning label on the product.

You may have heard of some of the infamous products liability cases in the news recently such as; the SUV rollover cases; the asbestos cases; the defective tire cases, tobacco cases etc.

If it were not for lawyers taking these types of cases to court, there would be many dangerous products on the market.

In some types of products liability cases, the person who has been injured may realize that they were injured due to a defective product. In other types of cases the person injured may have not known that there were injured due to a defective product.

In most products liability cases, expert testimony is required to prove that there was a manufacturing or design defect in a product.

In California, products liability causes of action are strict liability actions so long as you can meet your burden of proof. Strict liability means that you do not have to show negligence on the part of the manufacturer or anyone in the chain of distribution to recover damages for defective product.

The bottom line is this; if you have been injured while using a product, driving a car, or using certain types of medication, you should consult with the competent personal injury attorney who can analyze the facts of your case to determine if you have a potential products liability cause of action.

You have the right not to be injured by a product that has a manufacturing or design defect.

If you feel that you have been injured due to a defective product in this state of California you may call my office for a free consultation at 818-584-8831 extension 1, or you may check out my personal injury website by clicking here now.

If you’re out some of this in the California I highly recommend the consult with an attorney in your area.

0 Comments - Leave a comment!

Tags: attorney, Damages, law, lawyer, News, norman gregory fernandez, Personal Injury

WHAT IS A WRONGFUL DEATH CASE IN CALIFORNIA?

Written on July 6, 2007 by Norman Gregory Fernandez, Esq. in Assault and Battery, Car Accidents, Damages, Dangerous Conditions, Dog Bite, Editorial, Insurance, Intentional Torts, Motorcycle Accidents, Other Motor Vehicle Accidents, Personal Injury, Premises Liability, Products Liability, Slip and Fall, Trip and Fall, Truck Accidents, Wrongful Death

Norman Gregory Fernandez, Esq. Wrongful Death Lawyer A 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.

0 Comments - Leave a comment!

Tags: attorney, Damages, law, lawyer, norman gregory fernandez, Personal Injury, Wrongful Death

Welcome to the California Personal Injury Law Blog.

Written on July 4, 2007 by Norman Gregory Fernandez, Esq. in Assault and Battery, Car Accidents, Damages, Dangerous Conditions, Dog Bite, Editorial, Insurance, Intentional Torts, Motorcycle Accidents, Off Topic Articles, Other Motor Vehicle Accidents, Personal Injury, Premises Liability, Products Liability, Slip and Fall, Trip and Fall, Truck Accidents, Wrongful Death

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

0 Comments - Leave a comment!

Tags: law, lawyer, norman gregory fernandez, Personal Injury

Category Archives: Products Liability

MORE INFORMATION ABOUT OUR LAW FIRM