Tag Archive: money

New California State Laws for the Second Decade of the 21st Century; The Year 2010; I think our State Legislatures have too much time on their hands! Read Below.

A Summary of California Laws for the year 2010Below is a summary of new laws for the State of California for 2010. Most will be going into effect on Friday morning.

Remember you are deemed to know the law; ignorance of the law is no excuse for violating it.

AB 9 (J. Perez) – Political Reform Act: FPPC – this law clarifies what constitutes improper campaign activity by a local government or agency during an election for a candidate or initiative.

AB 14 A motor vehicle can be declared be a public nuisance and impounded for up to 30 days when the motor vehicle is used in the commission of specified crimes related to prostitution.

AB 58 Now an Infraction to participate in a betting pool with less than $2,500 at stake.

AB 91 New “Ignition Interlock Device” Law requires first-time DUI offenders to install a device in their vehicles in a test program in Alameda, Los Angeles, Sacramento and Tulare counties.

AB 144 (Ma) – Last year in San Francisco, law enforcement confiscated over 1,000 illegal disabled placards. The widespread abuse has not only taken away parking opportunities for people who really need them, but has also exacerbated the difficult parking environment in San Francisco. The current penalty is a $100 fine.

AB 144 not only increases the fine for fraudulent use to $1,000, but also gives parking control officers the ability to cite violators. Currently, only police officers have the ability to cite violators in many instances.

AB 166 (Lieu) – Creates a cost-effective solution to deal with the growing number of abandoned boats in California’s waterways. The bill will establish a vessel turn-in program that permits boat owners to transfer ownership of their dilapidated vessels before they become an environmental hazard.

AB 171 (Jones) – Establishes basic consumer protection standards governing credit cards and loan products that are arranged in dental offices. The law is designed to protect elderly, low-income or limited-English-speaking dental patients who unwittingly signed credit card applications. The new law prohibits arranging credit while patients are under anesthesia, requires notice in the patient’s primary language, and requires refunds if dental services have not been provided within 15 days.

AB 232 (Hill) – Allows the California State Teachers Retirement System to implement technology improvements such as switching from paper transactions with customers to online and e-mail transactions. The changes will reduce environmental impacts and save the state about $1 million annually.

AB 242 (Nava) – Strengthens penalties for spectatorship at a dogfight in California.

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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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