Category Archives: Product Recall

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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Toyota and Chrysler announce huge vehicle recalls

Toyota Tacoma

Toyota Tacoma

Los Angeles – California

Toyota Motor Corp. intends to recall almost 700,000 vehicles as a result of a number of safety issues.

Chrysler Group also announced a big recall.

Toyota said it will recall 495,000 Tacoma trucks from the 2005 to 2009 model years to replace the steering wheel spiral cable assembly.

The automaker has detected friction within the cable assembly that can disconnect the driver’s airbag, preventing deployment in a crash.

Additionally, Toyota will recall 2009 Camry sedans and 2009 to 2011 Venza vehicles to exchange the stop lamp switch. Approximately 70,500 Camrys and 116,000 Venzas are covered by this recall. The Camry is the best-selling passenger car in the United States.

Toyota said that in the installation of the switch at one of its American assembly lines, silicon grease could possibly have reached within the switch and caused a rise in electrical resistance.

“If this occurs, warning lamps on the instrument panel might be illuminated, the vehicle might not start, or even the shift lever might not shift from the ‘park’ position. In some instances, the automobile stop lamps could become inoperative,” the automaker said.

Meanwhile, Chrysler is recalling about 210,000 Jeep Liberty sport utility vehicles originally in Midwestern and Eastern Seaboard states which use road salt during the winter months. Corrosion issues with rear lower control arms could cause a motorist to lose control of the SUV.

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

Los Angeles Car Accident Attorney Website

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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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Toyota sued over deaths in horrendous California crash

Toyota Product Defect AttorneyLos Angeles – California

Relatives of a California state trooper and three family members whose fatal car wreck helped spark Toyota’s wide-ranging safety recall have sued the automaker for defects they say caused the vehicle to speed out of control and crash.

The lawsuit, filed on Tuesday in San Diego Superior Court, was the latest in a wave of product-liability cases and other legal action brought against Toyota Motor Corp over complaints of sudden, unintended acceleration in its vehicles.

But the fiery August 28 crash near San Diego of a Lexus ES 350 sedan driven by off-duty California Highway Patrol Officer Mark Saylor drew intense media attention and renewed government scrutiny of safety problems that led to the recall of some 8.5 million Toyota vehicles worldwide.

Toyota President Akio Toyoda, grandson of the company’s founder, extended his condolences to the Saylor family in an apology he delivered to a congressional hearing last week.

Saylor was driving his wife, their 13-year-old daughter, and his brother-in-law on a family outing when their car “began to accelerate on its own” and sped out of control despite Saylor’s attempts “to apply the brakes and otherwise do everything possible to stop” the car, the lawsuit says.

The car reached speeds of up to 120 miles per hour before it struck another vehicle, plowed through a fence, hit a berm and flew through the air, then rolled several times into a field and burst into flames.

The family’s final moments before impact were captured in the recording of a frantic 911-emergency cell phone call placed by Saylor’s brother-in-law, Christopher Lastrella, in which he is heard telling the dispatcher, “Our accelerator is stuck … We’re in trouble … there is no brakes.”

Others in the car are heard saying, “hold on” and “pray” as the call ended, the lawsuit said.

The suit names Toyota, its U.S. division and other corporate entities as defendants, along with the Lexus dealership where Saylor was given the doomed car as a “loaner vehicle” while his own Lexus was being serviced.

Although the suit makes no specific allegations as to the root cause of the unintended acceleration, it says the car in question “was defective when it left the control of each defendant” and that “adequate warnings of the danger were not given.” The suit seeks unspecified monetary damages on behalf of the parents of Saylor and his wife.

Toyota officials have said they do not comment on pending litigation.

San Diego County Sheriff’s investigators concluded the crash likely was caused by the gas pedal becoming stuck in an all-weather rubber floor mat designed for a larger vehicle but placed by the Lexus dealership in the sedan loaned to Saylor.

But the accident report said “other avenues of unintended acceleration could not be explored,” mechanical or electrical, due to catastrophic damage to the vehicle.

The report also revealed that another driver who had been loaned the same car a few days earlier told investigators the vehicle raced out of control on him when the gas pedal jammed in the floor mat, which he managed to free after placing the gear shift into neutral.

He complained to a dealership receptionist when he returned the car, the receptionist told investigators she alerted the detail specialist on duty, but the detailer claimed never to have received such a complaint, the report said.

Toyota has recalled more than 5 million vehicles in the United States for slipping floor mats. Another 2.2 million U.S. recall notices were issued for sticking accelerator pedals.

The Transportation Department has said that complaints of unintended acceleration in Toyota and Lexus vehicles are linked with more than 50 U.S. crash deaths under investigation over the past decade.

If you or your family have been the victim of a car crash in a Toyota due to sudden acceleration or other product defect anywhere in California call us for a free consultation at 800-816-1529 x. 1, or go to http://www.thepersonalinjury.com

Toyota Product Defect Attorney

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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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Stroller Company announces major safety recall; Maclaren umbrella strollers pose risk of injuries to children’s fingers

Maclaren umbrella strollers are being recalledMaclaren is recalling at least 1 million umbrella strollers because of a potential hazard to children’s fingers. A side hinge mechanism poses the risk of cutting or amputating a child’s fingers when the stroller is being opened or closed, the British company said Monday.

The voluntary recall applies to all Maclaren strollers sold in the U.S. since they were introduced in 1999.

The U.S. Consumer Product Safety Commission and Maclaren have received reports of 15 incidents in which children were hurt over the past ten years.

The affected models include Volo, Triumph, Quest Sport, Quest Mod, Techno XT, Techno XLR, Twin Triumph, Twin Techno and Easy Traveller, according to the stroller company. The strollers, which are manufactured in China, are sold nationwide.

Maclaren, in cooperation with the CPSC, is providing consumers and retailers free repair kits which will cover a joint on the faulty hinge mechanism.

Consumers should stop using the strollers immediately and call Maclaren toll-free at (877) 688-2326, the company said.

If your child has been injured while you were using a Maclaren umbrella stroller give us a call for a free consultation at 800-816-1529 ext. 1.

California Products Liability Attorney & Defective Product Causing Injury Attorney

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