Tag Archive: law

If you Borrow Money to Buy Your Vehicle Then You Need Gap Insurance!

Written on July 4, 2007 by in Car Accidents, Damages, Insurance, Intentional Torts, Motorcycle Accidents, Other Motor Vehicle Accidents, Personal Injury, Truck Accidents

Norman Gregory Fernandez, Esq.This type of Insurance policy covers the difference between the Fair Market Value of your vehicle, and what you actually owe on the vehicle if your vehicle is totaled in an accident.

When you purchase a new or used car, motorcycle, or other vehicle on credit from a dealer, more often than not you are required to not only purchase Comprehensive and Collision insurance, but you are also required to purchase GAP insurance so that the finance company knows that will be paid in full if the car is totaled in an accident.

Regardless of whether it is required or not, we always recommend purchasing GAP Insurance coverage if you owe a lender money for a car, motorcycle or other vehicle.

You do not want to get stuck paying thousand’s of dollars on a car, motorcycle or other vehicle loan after an accident, if your vehicle has been declared a total loss after an accident. Comprehensive and Collision Insurance coverage only covers up to the fair market value of the car, not what you owe a lender for your vehicle.

We cannot tell you how many times victims of accidents find out the hard way that their insurance company will not pay enough money on a property damage claim, to cover what is owed on the vehicle. Nobody wants to get stuck for thousands of dollars in payments on a vehicle they no longer own, or that is totaled. We recommend getting GAP Insurance on your vehicle if you owe money on the vehicle.

By Norman Gregory Fernandez, Esq. , Copyright 2006

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Civil Assault and Battery in Plain Language

Written on July 4, 2007 by in Assault and Battery, Damages, Intentional Torts, Personal Injury

Assault and BatteryI have heard many people throw the term of assault around to describe someone being physically abused. The purpose of this article is to describe what the civil tort of assault and the civil tort of battery are in plain language.

The legal definition of civil Assault is; an intentional act which causes a reasonable and imminent apprehension of a harmful or offensive contact which is un-consented. I know, it sounds like a bunch of gibberish.

Civil Assault basically boils down to this; if someone gets in your face and raises their hand as though they’re going to hit you, and ordinary people in a similar circumstance would believe the same thing, you have just been assaulted. Civil assault does not require or an actual touching, or physical contact to be legally actionable.

The legal definition of a Civil Battery is; an intentional act which causes a harmful or offensive contact which is un-consented. Yes I know, what does that mean?

Civil Battery basically boils down to this; if someone hits you, and you have not consented to being hit, you have just been battered.

In the civil realm, battery can take many forms. For instance, a battery can occur if someone intentionally hits or touches something that is connected to you. An example of this type of battery would be; let’s say you are holding a paper plate full of food, and someone hits the plate purposely to knock the food at of your hand; you have just been battered. Another example of this type of battery would be; let’s say you are sitting in your car and someone comes up and hits your car purposefully; you have just been battered.

I am not going to go into a dissertation on the multitude of possibilities here. The purpose of this article is just to describe an assault and battery is in plain language. So you now know that assault, and battery, are two separate torts. Each is a distinct and separate tort, which is a separate legal cause of action.

In the civil realm, you have a right to sue for assault and battery if you are the victim of these torts. With respect to damages, you are not only entitled to all damages proximately caused by your being assaulted and/or battered, and you may also be entitled to punitive damages.

Punitive damages are punishment damages. Many of you have heard the term punitive damages and do not know what it means. In civil law, punitive damages are ordinarily allowed by statute, or for common law torts involving intentional acts. Punitive damages are allowed for particularly egregious conduct.

If you believe you been the victim of an assault and battery in the state of California, you may call me for a free consultation at 818-584-8831 extension 1, or visit my website at www.thepersonalinjury.com.

If you believe that you been the victim of an assault and battery in a state other than California, I suggest that you consult with an attorney from that state to determine if you have a cause of action.

By Norman Gregory Fernandez, Esq. , Copyright 2006

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Car and Motorcycle Insurance: Uninsured Motorist Coverage/Bodily Injury (UM/BI)

Written on July 4, 2007 by in Car Accidents, Insurance, Motorcycle Accidents, Other Motor Vehicle Accidents, Personal Injury

Norman Gregory Fernandez, Esq.The name speaks for itself. This type of insurance coverage will cover you for your “non-property” related damages (Bodily Injury, Pain and Suffering, Loss of Enjoyment of Life, Emotional Distress) in a Car or Motorcycle injury accident, if the other motorist who is “at fault,” has no liability insurance.

In the State of California we feel that this type of coverage is mandatory due to the vast amount of people driving around illegally without insurance. This coverage will also cover hit and runs.

We recommend purchasing the most UM/BI coverage you can afford, and at least a minimum of $100,000.00 if you drive a car, and a minimum of $500,000 if you ride a motorcycle.

If you are in an accident and the other motorist is uninsured, this coverage will be your only recourse in many instances. Do not drive in California without some kind of UM/BI coverage.

By Norman Gregory Fernandez, Esq. , Copyright 2006

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Welcome to the California Personal Injury Law Blog.

Written on July 4, 2007 by 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

By Norman Gregory Fernandez, Esq., © 2007

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