Damages | Biker and Motorcycle Lawyer Blog

Category Archives: Damages

Articles related to Personal Injury damages; Compensatory Damages, General Damages, Special Damages

I was involved in a Low Speed Crash on Saturday!

Written on January 9, 2007 by Norman Gregory Fernandez in Articles, Assult & Battery, Biker and Motorcycle Law, California Motorcycle Accident, Damages, Editorial, General Legal, In The Wind, Motorcycle Accidents, Motorcycle Safety Tips, My Harley Davidson Electra Glide, Norman Gregory Fernandez Ride Reports, Personal Injury

Norman Gregory Fernandez Harley Davidson Electra Glide

Well, it can happen to anyone, even a biker lawyer! I had just picked up my bike from the Harley dealership (It was in for the Easy Clutch install and other service) on Saturday, and was out cruising solo. I stopped at a Starbucks to get a cup of joe.

I was riding out of the parking lot when some women pulled out in front of me. Same old story; she pulled right in front of me, less than a second to react.

I locked up the brakes and turned my handle bars hard to the right. I missed her by inches, but I could not hold up my Electra Glide and I dropped her on the right side.

Before I dropped the bike I tried like heck to hold her up but she was at a steep angle and was so heavy that I could not hold her up. The damage to the bike was minimal thanks to the Kuryakyn Highway Boards I have mounted on my front engine guard, and the saddle bag guards on the rear.

I can frankly say that the Kuryakyn Highway Boards saved the fairing and front end of the bike. The right side board did suffer some damage and may have to be replaced but it could have been worse. The right saddlebag guard suffered a nick when the bike went down. I got lucky!

As for me, I somehow managed to suffer a tear to my right hamstring muscle and an injury to my right foot, however I was dammed lucky. It could have been worse.

After the incident I was basically still on the bike with my right foot on the ground, and holding the bike with the engine still running trying to lift her back up to no avail. I screamed to a group of people who were standing in front of Starbucks to help me lift the bike back up. I was more worried about the bike than anything else.

When I looked up the woman was gone. No one got her information.

This is the 3rd time that I have gone down over the years. The old saying is that; it’s not if you are going to go down, it’s a matter of when. In my case I have been very lucky to have only had minor accidents which have not resulted in serious injuries. I have had some very scary close calls!

So the moral to this story at least for me is that I will be very careful in parking lots. You never know when a cager will pop out right in front of you without looking.

10 Comments - Leave a comment / Read comments!

DOG BITE CASES IN CALIFORNIA; YOU BETTER WATCH YOUR PUP!

Written on December 1, 2006 by Norman Gregory Fernandez in Articles, Damages, Dog Bites, Editorial, Education, General Legal, Insurance Information, Medical Treatment, Personal Injury

Dog Bite Cases by Attorney Norman Gregory Fernandez
There is no doubt that Americans love their pets. Human beings and dogs have been living together for tens of thousands of years. There is a saying that “a dog he is a man’s best friend.”

I am myself have three dogs; two Siberian Huskies, and a good old-fashioned American Mutt that I rescued from a pound.

Although a dog may be your best friend, a dog could turn into your worst nightmare if the dog bites and/or otherwise attacks a person.

In the state of California; dog owners are strictly liable for the actions of their dogs. In other words if your dog bites a person, you are strictly liable for all damages that the dog causes.

No matter how well trained your dog is, you really never know when they will bite. Even small breeds can cause bites that result in permanent scarring, and significant damages.

It is your responsibility as a dog owner to ensure that your dog does not bite another person. You should always walk your dog on a leash; secure your yard and home so that the dog cannot run away and bite someone; and secure your dog in a room when you have visitors at your home. If you do not take precautions when it comes to your dog, you could get hit with significant damages in a lawsuit if your dog bites someone.

4 Comments - Leave a comment / Read comments!

YOU BETTER CHECK OUT THE PERSON THAT YOU LOAN YOUR CAR TO; YOU COULD BE HELD LEGALLY LIABLE FOR THEIR ACTIONS.

Written on November 21, 2006 by Norman Gregory Fernandez in Articles, Biker and Motorcycle Law, California Motorcycle Accident, Car Accidents, Damages, Editorial, Education, Fatal Motorcycle Accident, General Legal, Insurance Information, Medical Treatment, Motor Vehicle Accidents, Motorcycle Accidents, Passenger Injuries, Personal Injury

Norman Gregory Fernandez Law Articles

The tort of negligent entrustment in simple language means that you were negligent by allowing a person or persons to use your property such as a car, motorcycle, etc.

Negligence is a legal term of art. It would be very difficult to explain negligence to a non-attorney. However I will try.

Negligence in simple language, is that one person owes a duty of due care to another person, and breaches that duty of due care thus causing damages. The key to negligence is that it must be reasonably foreseeable to an ordinary prudent person that the conduct will result in damages. I will be frank, negligence is much more complicated than the description I just gave, however it will suffice for the purposes of this article.

An example of simple negligence would be one person not paying attention and rear ending another person in their car. The person who did the rear ending would be liable in most circumstances for negligence.

With respect to negligent entrustment, I will give you an example of where you could be held liable for this tort. Let’s say you loan your car to a person who has a suspended driver’s license. Let’s say this person subsequently gets into a car accident. You would most likely be held liable for the damages caused in the accident, because you owed a duty of due care to ensure that you did not loan your car to a person with a suspended driver’s license. In other words, you were negligent by allowing a person with a suspended drivers license to use your car.

Another example would be loaning your car to a person who was obviously intoxicated, who then subsequently gets into an accident. You can be held liable for negligent entrustment for loaning you car to a drunk.

There is a vast array of possible scenarios in which you could be liable for the tort of negligent entrustment. It’s not rocket science, it’s really about common sense. The purpose of this article is just to make you aware of the tort.

Basically it’s a matter of common sense. If you are going to loan a person your car, motorcycle, or other property, you better make sure they have a driver’s license and automobile insurance before you give them the keys unless you’re not concerned about being legally liable for their actions.

13 Comments - Leave a comment / Read comments!

PRODUCTS LIABILITY IN CALIFORNIA; WHAT YOU SHOULD KNOW.

Written on November 7, 2006 by Norman Gregory Fernandez in Articles, Damages, Editorial, Education, General Legal, Insurance Information, Personal Injury, Product Defects

Norman Gregory Fernandez, Esq.

You may have heard the term products liability in newspapers, political speeches, or from your friends. In a nutshell, the term products liability is a legal term of art used to describe legal causes of action against manufacturers of products, and/or anyone in the chain of distribution, that sell a product which has a; manufacturing defect, design defect, or is otherwise defective due to the negligence of anyone in the chain of the distribution, and which causes injury to the user of that product.

A product could be defective if the manufacturer fails to warn of a risk known to them in using their product, and/or fails to provide a warning label on the product.

You may have heard of some of the infamous products liability cases in the news recently such as; the SUV rollover cases; the asbestos cases; the defective tire cases, tobacco cases etc.

If it were not for lawyers taking these types of cases to court, there would be many dangerous products on the market.

In some types of products liability cases, the person who has been injured may realize that they were injured due to a defective product. In other types of cases the person injured may have not known that there were injured due to a defective product.

In most products liability cases, expert testimony is required to prove that there was a manufacturing or design defect in a product.

In California, products liability causes of action are strict liability actions so long as you can meet your burden of proof. Strict liability means that you do not have to show negligence on the part of the manufacturer or anyone in the chain of distribution to recover damages for defective product.

The bottom line is this; if you have been injured while using a product, driving a car, or using certain types of medication, you should consult with the competent personal injury attorney who can analyze the facts of your case to determine if you have a potential products liability cause of action.

You have the right not to be injured by a product that has a manufacturing or design defect.

If you feel that you have been injured due to a defective product in this state of California you may call my office for a free consultation and at 818-584-8831 extension 1, or you may check out my personal injury website by clicking here now.

If you’re out some of this in the California I highly recommend the consult with an attorney in your area.

1 Comment - Leave a comment / Read comments!

The Anatomy of a Slip and Fall / Trip and Fall Case in Plain Language!

Written on October 26, 2006 by Norman Gregory Fernandez in Articles, Damages, Editorial, Education, General Legal, Insurance Information, Medical Treatment, Personal Injury, Slip and Fall

A slip and fall, and or trip and fall case is pretty much self explanatory. The case arises from a person slipping and/or tripping and falling, and sustaining injuries as a result.
Norman Gregory Fernandez, Esq.

However, there are special circumstances involved in these types of cases which would give rise to you actually being able to pursue a legal case for damages against a person or entity.

THE NECESSITY OF A DANGEROUS CONDITION
The Slip and Fall, and/or Trip and Fall, must be the result of a dangerous condition either on Public or Private Property.

Obviously most human beings slip and/or trip and fall many times in their lives. The law will not allow you to recover each and every time you slip and/or trip and fall.
The law will allow you to recover damages for injuries that result due to a dangerous condition on public and/or private property, and that the owners or persons responsible for the property knew or should have known about.

WHAT IS A DANGEROUS CONDITION?There are literally an infinite number of dangerous conditions that could result in your slipping and/or tripping and falling. Some examples of dangerous conditions we have dealt with are:
• Dangerously slippery surface
• Water or other wet substance on floor
• Cracks in a sidewalk or walkway
• Poorly maintained stairs or hand rails
• Holes in grass, sidewalk, street, or walkway
• Uneven stairs or surface
• Food and or other objects left on the floor
• Debris left on the floor
• Negligently placed parking stops in parking lots
• Unmarked steps
• Ice on walkway or in parking lot, etc.

THE NECESSITY OF NOTICE TO THE OWNER OR PERSON CONTROLLING THE PROPERTY WHERE THE DANGEROUS CONDITION EXISTS The owner or person controlling the property where you suffer a slip and/or trip and fall must either know about the dangerous condition, or should have known about the dangerous condition through reasonable inspections, before you can legally recover against them in these types of cases.

This part of a slip and/or trip and fall case is the most difficult to prove, which is why many lawyers do not take or handle these types of cases.

The testimony of an expert witness is required in many of these types of cases to prove that a dangerous condition existed and that the owner or controller of the property either knew or should have known about the condition.

I handle these types of cases. If you have suffered a slip and/trip and fall injury in California you may call me for a free consultation at 818-584-8831 ext.1 or go to my slip and fall website by clicking here for more information.

If you have suffered a slip and/trip and fall injury outside of California I highly recommend that you consult with a lawyer in your area.

4 Comments - Leave a comment / Read comments!

Car, Motorcycle, and Other Motor Vehicle Accident Insurance; Rental Car Coverage

Written on October 23, 2006 by Norman Gregory Fernandez in Articles, Biker and Motorcycle Law, California Motorcycle Accident, Car Accidents, Damages, Editorial, Education, General Legal, Insurance Information, Motor Vehicle Accidents, Passenger Injuries, Personal Injury

Car and Motorcycle Accidents, Rental Car Insurance This type of car, motorcycle, and other motor vehicle insurance coverage will pay you a certain amount of money per day to procure a rental car in case you are in an accident.

Check with your insurance company to ensure that you will be covered either when you are at fault, or the other person is at fault.

Sometimes insurance companies will require you to pay for a rental car out of your own pocket and then submit bills to them for reimbursement. Most of the time this type of coverage only pays $20.00 to $30.00 per day up to a dollar maximum, or for a maximum of 30 days.

In many instances, the cost of getting a rental car and insuring the rental car against loss will exceed your rental car coverage policy. However, we always recommend buying rental car coverage in your insurance policy. We cannot tell you how many times we are faced with client’s who were not at fault in an accident, and they have lost their only transportation.

If the at fault motorist’s insurance does not immediately cover you for rental car payments, you will be stuck paying the entire amount on your own until either your vehicle is repaired, or you procure another vehicle. We know this is not fair. This is why we always recommend getting Rental Car Insurance Coverage.

0 Comments - Leave a comment / Read comments!

WHAT IS A WRONGFUL DEATH CASE IN CALIFORNIA?

Written on October 20, 2006 by Norman Gregory Fernandez in Articles, Assult & Battery, Biker and Motorcycle Law, Car Accidents, Damages, Dog Bites, Editorial, Education, Fatal Motorcycle Accident, Medical Treatment, Motorcycle Accidents, Passenger Injuries, Personal Injury, Product Defects, Slip and Fall, Wrongful Death

Norman Gregory Fernandez, Esq. Wrongful Death Lawyer A wrongful death case is a case where a person dies due to the intentional or negligent act of another, or entity. The law allows relatives, domestic partners, and persons who depend upon the wrongful death victim for support to sue for wrongful death. The issue of who can sue for wrongful death is covered below.

Wrongful death cases are traditionally amongst the most emotionally charged cases in personal injury.

Wrongful death cases can take many forms. For instance; a loved one could be killed in a car or motorcycle accident that was not their fault; a loved one may have been killed due to excessive use of force by the police or a private security agency; a loved one may have been killed due to a dangerous condition on public or private property, including defective roads or improperly placed road signs; a loved one may have been killed due to the defective construction of a building on real property; an unborn child may have died due to the negligence of a doctor, or due to an assault and battery on the mother; a loved one may have been killed due to a defective product, or negligent repair.

A wrongful death case can arise when someone was injured in an accident, and then subsequently dies as a result of their injuries.

TIME LIMIT TO FILE A LAWSUIT FOR YOUR WRONGFUL DEATH (CALIFORNIA STATUTE OF LIMITATIONS)

The present Statute of Limitations for filing a lawsuit for wrongful death in the State of California is two (2) years from the date of the accident or incident causing the wrongful death. If you do not file a lawsuit within two (2) years, you lose your right to sue! CCP § 335.1

There are exceptions to the above rule if the wrongful death was caused by the negligence of a doctor or health care provider, or due to building defects.

If the defendant to the wrongful death action is a governmental entity, a claim must be filed with that governmental entity within 6 months from the date of the accident. If the entity rejects the claim, you must then file a lawsuit within one (1) year from the date of the wrongful death.

6 Comments - Leave a comment / Read comments!

Civil Assault and Battery in Plain Language

Written on October 9, 2006 by Norman Gregory Fernandez in Articles, Assult & Battery, Damages, Editorial, Education, General Legal, Personal Injury

Assault and Battery I 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.

14 Comments - Leave a comment / Read comments!

What is a Contingency Fee in a Personal Injury Case?

Written on September 29, 2006 by Norman Gregory Fernandez in Articles, Assult & Battery, California Motorcycle Accident, Car Accidents, Damages, Dog Bites, Editorial, Education, Insurance Information, Medical Treatment, Motor Vehicle Accidents, Passenger Injuries, Personal Injury, Product Defects, Slip and Fall, Wrongful Death

Norman Gregory Fernandez, Esq. I have found that there is a general misconception by many people who call me as to what a contingency fee is in a personal injury case.

This article will attempt to take away the misconceptions and explain in plain language what a contingency fee is in relationship to a personal injury case.

In its most simple form, a contingency fee is an attorney fee that is derived by an attorney receiving a percentage of either the gross or net recovery of whatever the lawyer gets for you in your personal injury matter.

Most Personal Injury Lawyers take a percentage of the gross recovery of what they recover for you in a case. The gross amount = the amount of the settlement or judgment that is received for you before deductions for medical bills, cost, and expenses.

I have found that two general misconceptions exist among people who call me: (1) They think that they have to pay a percentage of what is recovered, plus an hourly fee; and (2) They think that it is unfair that a lawyer may get 33% of a case or possibly more depending upon the lawyer and the arrangement.

First off, in the State of California, a contingency fee is NOT FIXED BY LAW. In other words you can and should negotiate the fee with a lawyer in your Personal injury case. I have seen some lawyers charge a fee as high as 45% of what is recovered on a case. I have seen other lawyers go down to 25% of what is recovered on a case. Although the fee is negotiable most attorneys will not go down below a certain level because of many factors. There are enough lawyers out there so that you should be able to call around and get a good fee. Most personal injury lawyers charge 33 and 1/3% of the gross recovery in your case.

There are enough Personal Injury Lawyers in California, that you have a wide range of choices for an attorney. However, keep in mind that not all personal injury lawyers are created equally. If you choose a lawyer that will take your case for 25% and he only gets you let’s say $10,000.00 in your pocket, as opposed to choosing a lawyer that charges 40% but gets you $100,000.00 in your pocket, which one would you go with?

You have to pick a competent lawyer who knows what he is doing and who will take the case to trial if necessary. Watch out for settlement mills. I personally know some lawyers who have NEVER have taken a case to trial. If they cannot settle your case before trial, they will either drop your case or pawn you off. I am a trial lawyer and do take cases to trial. Again, do not be afraid to ask questions.

Let’s address the misconceptions.

5 Comments - Leave a comment / Read comments!

What is a Personal Injury Case? A Brief Overview.

Written on September 26, 2006 by Norman Gregory Fernandez in Articles, Assult & Battery, Biker and Motorcycle Law, California Motorcycle Accident, Car Accidents, Damages, Dog Bites, Editorial, Education, General Legal, Insurance Information, Medical Treatment, Motor Vehicle Accidents, Passenger Injuries, Personal Injury, Product Defects, Slip and Fall, Wrongful Death

Norman Gregory Fernandez, Esq.

It is very difficult for most lawyers to explain in plain language, the intricacies of cases and the law. The reason for this is there is nothing simple or easy about the law. Most of us lawyers spent either 3 or 4 years in law school learning the law, and were awarded the degree of Juris Doctor after law school; we then had to pass a comprehensive Bar examination, as well as a Moral Character examination, to become licensed to practice law. It does not stop there; we then have to complete Mandatory Continuing Legal Education, and continuously keep up to date in new changes in the law to stay on top of our game, this is why it is so critical to retain a competent lawyer if you have a case. Do not attempt to practice law on your own. This will be the subject of an upcoming article.

I will attempt to give a brief overview of what a personal injury case typically consist of, in plain language. I could write a book on the subject. Maybe someday I will. However, the purpose of this article is to give a brief synopsis on what a Personal Injury Case is.

A Personal Injury case is known in the law as a Tort. A personal injury case to a non-lawyer may seem like a simple proposition; however nothing in the law is simple.

Obviously, a personal injury case must involve someone, or an entity being injured. A personal injury case could involve physical, emotional, reputation, privacy, business, and other types of injuries. So the term personal injury is in of itself a bit deceiving.

There are three main types of personal injury cases; (1) Intentional Personal Injury Cases caused by the intentional acts of others or entities; (2) Personal Injuries caused by Negligence of others or entities; and (3) Strict Liability Personal Injury Cases caused by products which have a manufacturing defect or a design defect.

The basic principal of a personal injury case is that a person or entity must have done something, to a person or entity, that causes a person or entity to be damaged, and for which the other person is legally liable.

The basic elements of a personal injury case are: (1) Liability (a person or entity is legally responsible for causing harm to a person or entity); (2) A person or entity suffered damages as a result of the harm; and (3) There is no legal excuse for the person or entity causing the harm.
In the upcoming months, I will attempt to write in-depth articles on each element of a personal injury case, but that is not the purpose of this article.

There could be two or more parties to a personal injury case depending upon how many persons or entities are involved. The person or entity that is harmed is called the Plaintiff. The person or entity that is being sued for the harm is called the Defendant.

Often times a defendant or defendants may have insurance that will pay for the harm that they caused.

If you feel as though you have been damaged by an intentional act of a person or entity, by the negligence of another, or by a product defect, do not mess around, call a lawyer to find out if you have a viable case, and to obtain legal representation. There is a saying “Only a fool has himself for a client.” This will be the subject of another article.

I am a California Personal Injury Lawyer. I represent injured parties and persons who are defending a lawsuit. You can check out my Personal Injury Website by Clicking Here Now. If you have suffered an injury in the State of California you may also call me for a free consultation at 818-584-8831, extension 1.

If you have suffered an injury in a State other than California, you will want to find a lawyer who is licensed in the State where you were injured for a consultation.

0 Comments - Leave a comment / Read comments!

The Law Offices of Norman Gregory Fernandez & Associates Announces our New California Personal Injury Lawyer, Attorney, Blog.

Written on September 21, 2006 by Norman Gregory Fernandez in Announcements, Articles, Assult & Battery, Car Accidents, Damages, Dog Bites, Insurance Information, Medical Treatment, News, Other, Passenger Injuries, Product Defects, Slip and Fall, Wrongful Death

The Law Offices of Norman Gregory Fernandez & Associates is a Southern California Law Firm that handles many types of legal matters including personal injury. We handle Personal Injury matters throughout the State of California.

We are pleased to announce the creation of our new California Personal Injury Law Blog called “California Personal Injury Lawyer, Attorney, Blog.”

The purpose of the Blog will be not only to educate the general public about the various aspects of personal injury law in the State of California, but we will also publish valuable links, news, and other information related to California Personal Injury.

Articles will be written by Attorney Norman Gregory Fernandez and other guest authors.

As time goes by the wealth of information that will be published in this Blog will grow tremendously. We invite you to bookmark our Blog.

If you have suffered a personal injury in the State of California, you may contact us for a free consultation through our Personal Injury Website by clicking here, or you may call us directly at 818-584-8831 extension 1.

2 Comments - Leave a comment / Read comments!

Medical Treatment in Your Personal Injury Case; A very Important Factor in what type of Settlement or Judgment you will Receive!

Written on September 20, 2006 by Norman Gregory Fernandez in Articles, Assult & Battery, Biker and Motorcycle Law, California Motorcycle Accident, Car Accidents, Damages, Dog Bites, Editorial, Education, General Legal, Insurance Information, Medical Treatment, Motor Vehicle Accidents, Motorcycle Accidents, Passenger Injuries, Personal Injury, Product Defects, Slip and Fall

Doctors rushing Personal Injury Victim into Hospital The type and amount of medical treatment that you receive for an injury that resulted from the Negligence of another is an indication of the seriousness of your injuries in your personal injury case.

The client who receives $500.00 worth of medical treatment will not, as a general rule, receive the same settlement or judgement as a client with $5,000.00 in medical treatment.

Most insurance companies grade the seriousness of injuries as minimal, slight, moderate or severe. A minimal injury is one in which the client has $1,000.00 or less in medical treatment to cure the injury. A slightly injured client has over $1,000.00 to $3,000.00 in medical treatment. A client with medical treatment expenses over $3,000.00 to $5,000.00 is moderately injured. Medical expenses in excess of $5,000.00 shows severe injury. Use the following rules as a guide to your medical treatment in your personal injury case.

Follow the Doctors Advice
You should accept the type and amount of medical treatment the doctor recommends. Some types of treatment may appear not to help at first. Often the doctor may change the type of treatment for better results. Keep in mind that your doctor has been trained to treat your injuries. Any question as to whether you should continue medical treatment should be directed to the doctor.

Do not Understate Your Complaints
Each time you see your doctor tell the doctor: 1. The location of your pain; 2. The amount of pain (slight, moderate or severe); 3. What you can not do (disability); and, 4. What you do to relieve the pain. Do not tell the doctor you “feel fine” if you have pain. The doctor cannot help you if you do not tell the doctor your complaints. Do not expect the insurance company to pay for your pain if you say you “feel fine.”

Do something About your Pain
The insurance company has a very simple rule when rating personal injury cases. The rule is “If it is important enough for you to see a doctor for your complaint, is important enough for you to be compensated for the complaint.” In other words, the failure to treat with a medical doctor (according to the insurance companies) means that you must not be that hurt!

If you are in pain you must appear to be trying to get well (mitigating damages). That means going to the doctor for help. If the doctor releases you from therapy and you are still in pain return to the doctor. You know how you feel better than anyone else. Return to the doctor as soon as possible if you are still having pain.

If you wait a year to return back to the doctor, it will appear to the insurance companies that you “must have a new injury,” or you are trying to embellish your injuries. Use your common sense, if you are hurting from your injuries, see your doctor!

1 Comment - Leave a comment / Read comments!

Welcome to the Biker and Motorcycle Lawyer Blog

Norman Gregory Fernandez, Esq. at Cooks Corner As a lawyer who is a real biker, I wish to welcome you to this blog which was created by me on August 31, 2006.

My purpose in creating this blog was to educate bikers and motorcyclist on the legal issues related to riding motorcycles.

I am one of the few lawyers that I know of in California that actually practices what he preaches. In other words I ride, and I handle motorcycle accident cases, and other biker related cases.

I hope you read through the various articles that I post from time to time. I hope you find them helpful.
Norman Gregory Fernandez, Esq.
Biker and Lawyer
Visit My Biker Lawyer Website

4 Comments - Leave a comment / Read comments!