Category Archives: Workers Compensation

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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EMT assisting at accident scene struck and killed by vehicle

Fatal Accident Victim Esteban BahenaOne accident turned into a second deadly accident Thursday morning on rain-soaked SR 163 just south of Robinson Ave.

According to authorities, an emergency medical technician with San Diego Medical Services who was responding to an accident was struck and killed by a car.

Law enforcement said Esteban Bahena and his partner stopped to help a stranded driver on northbound SR-163 at around 7 a.m. While they were there, an accident happened in the same stretch of highway when a pickup truck and a Toyota Scion collided.

Bahena reportedly crossed the freeway to set up flares to let oncoming drivers know about that accident when he was hit by a Chrysler Sebring.

Bahena’s partner began CPR and after a nearby fire crew stopped to help, they loaded Bahena up and took him to Mercy Hospital in his own ambulance. He was pronounced dead at 8:32 a.m.

According to the California Highway Patrol, a fifth car might have been involved due to the fact the Sebring has rear end damage with blue paint left on the bumper. Officers say a blue car may have struck the Sebring but left the scene.

Bahena, who had been with the city as an EMT for two years, was the first EMT or paramedic to be killed in the line of duty in the company’s 13-year history as the city’s paramedic provider.

The driver of the Sebring was transported to UCSD Hospital in serious condition.

San Diego Car Accident Attorney and Wrongful Death Lawyer

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Another Fatal Metrolink Accident, 1 killed, 3 injured as train hits truck east of Los Angeles.

Metrolink commuter train crash in Los AngelesLOS ANGELES — California

A Metrolink commuter train hit a maintenence truck parked on a set of railroad tracks in the San Gabriel Valley on Saturday, killing a railroad worker who was sitting in the truck and leaving three train passengers with minor injuries, authorities said.

The person killed was an employee of the Union Pacific Railroad who had been doing maintenance work with a crew on freight tracks, said Metrolink spokesman Francisco Oaxaca. The area where the collision occurred is a mix of Union Pacific tracks and tracks maintained by Metrolink.

When the commuter train hit the Union Pacific Railroad maintenance truck at about 9:20 a.m., it was on Metrolink tracks, traveling east of Los Angeles along the border of the city of Industry and the unincorporated community of Bassett.

Authorities said there were many reasons why the worker would be in the area, but investigators were trying to determine why the truck was on the tracks. They do not believe it was suicide.

“There is nothing to indicate that this person intended to be struck by the train,” Oaxaca said.

Union Pacific spokeswoman Lupe Valdez said the crash “appears to be an accident.

Three Metrolink passengers were taken to the hospital with minor injuries, said Metrolink spokeswoman Angie Starr. An engineer and conductor, two sheriff’s officials and 138 passengers were on board the train, Oaxaca said.

There was only minor damage to the train, which was led by a locomotive with another engine behind it.

Valdez said the employee has worked for Union Pacific for about 30 years. His name has not yet been released.

In recent years Metrolink has experienced several major crashes.

In December, a commuter train from the Southern California agency struck a pickup truck that drove into its path, injuring six people.

In 2008, 25 people were killed when a Metrolink train collided with a freight train. Investigators believe the Metrolink engineer ran a red light seconds after he was text messaging on his cell phone.

In 2005, 11 people died and about 180 were injured when a man who later claimed he was suicidal parked his sport utility vehicle on the tracks in suburban Glendale. The driver of the SUV was convicted of murder.

California Train Accident Attorney and Metrolink Accident Lawyer Website

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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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A Woman and 2 LAPD officers injured in car accident in Los Angeles

Los Angeles California Car Accident AttorneyLos Angeles – California

The crash occurred at the intersection of Venice Boulevard and Glyndon Avenue around 12:20 a.m. All three accident victims were transported to hospitals.

“The two officers are still at the hospital being treated for their injuries, but I don’t know their current condition,” Lt. Paula Kreefft, a watch commander at the Los Angeles Police Department’s Pacific Division, said before dawn. She said the accident was not a result of a police pursuit or response to a call for service.

Officer John Farish of the LAPD’s West Traffic Division, which was investigating the crash, said the squad car was traveling on Venice Boulevard “when a woman tried to enter onto Venice from Glyndon Avenue, where there is a stop sign.”

“The final report will have to sort out who was at fault,” he said

It appears to me that based upon the description, the woman entering the intersection was probably at fault, and the officers who were injured will not only be able to file a California Workers Compensation claim, but also a personal injury action against the woman who entered the intersection.

They should contact an attorney such as me immediately.

If you have had a car accident anywhere in California you may call my California Personal Injury Hotline at 800-816-1529 ext. 1.

Los Angeles California Car Accident Attorney

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