Tag Archive: statute of limitations

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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The Importance of Keeping Your Liability Insurance Even in Tough Economic Times.

California Personal Injury Attorney Norman Gregory Fernandez discusses the importance of maintaining liability insurance in tough economic timesMy office has been swamped with accident victims who are not at fault in motorcycle, car, truck and other motor vehicle accidents, yet had no liability insurance at the time of the accident.

In California if you drive a motor vehicle such as a car, motorcycle, truck, etc., without basic liability insurance, you are precluded from recovering general damages such as pain and suffering, loss of enjoyment of life, emotional distress, etc. (California Proposition 213)

In other words if you lose a leg, or become a quadriplegic, you will only be entitled to out of pocket expenses only if you drive without liability insurance. To add insult to injury, you could lose your license, have your car impounded, and face penalties from the State.

If you cannot afford liability insurance, there is a special program through the State of California to obtain cheap liability insurance. If you cannot get that, flat out don’t drive. It is not worth it.

My law firm is one of the few law firms that will represent accident victims throughout the State of California who did not have liability insurance at the time of the accident. We do not condone it, but we believe that everyone deserves a fair shake. We will do everything we can for you, even if you were an uninsured victim of a motor vehicle accident.

I am recommending that if you cannot afford liability insurance, you should use public transportation until you can. It is illegal to drive in the State of California without minimum liability insurance to cover you in case you are fault in an accident.

The flip side of the coin is that all California motorist should carry uninsured motorist coverage in an amount equal to what they would want to cover themselves for in case they are injured, to protect yourself from a person who is at fault in an accident against you, yet has no liability insurance.

Motorcycle riders should carry a minimum of $500,000.00, five hundred thousand dollars in uninsured motorist coverage because of the usually catastrophic injuries that result from motorcycle accidents.

By California Accident 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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