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To Retain a Lawyer or to Not Retain a Lawyer, What Should You Do?

California Personal Injury Attorney Norman Gregory Fernandez

As a California Personal Injury Lawyer, I give free consultations to injury victims throughout the State of California almost every day.

Inevitably about 5% of the people I talk to have either tried handling their California personal injury matter on their own, or are very reluctant to “get lawyers” involved because of what they heard about lawyers, or are clueless about how the legal system works.

Ultimately, out of the 5% of the people mentioned above, about 1% or 1 out of 100 people I talk to decide to handle the matter on their own.

To me, an experienced California Personal Injury Attorney, it is inexplicable why someone would choose not to retain an attorney to handle their personal injury case. Let me tell you why.

Firstly, most people have no clue that they are entitled to recover the following damages in a typical personal injury matter:

Out of Pocket Expenses: All out of pocket expenses flowing out of the personal injury matter such as: loss of wages, medical cost, prescription cost, cost of travel to and from the doctor, prescriptions, loss of use of vehicle, either the repair cost of a damaged vehicle, or the fair market value of a damaged vehicle when the repair cost exceeds the fair market value, rental car, loss of future wages, future medical expenses, etc.

Non Economic Expenses: Pain & Suffering, Emotional Distress, Loss of Enjoyment of life (loss of enjoyment of life consists of compensation to a person for not being able to do things that they used to do, while they are injured. Such as cleaning, cooking, walking, dancing, going out, etc.)

In a nutshell a typical person has no clue that they are entitled to the things mentioned above, how to value such things even if they know about it, and most importantly, how to get it.

Going further, if an injured person is married, they typically do not know that their spouse also has a cause of action against the person who injured them for loss of consortium. Hell most personal injury lawyers in California do not even go for loss of consortium.

Loss of consortium in a nutshell is damages that a spouse of an injured party are entitled to, for the loss of the things that their spouse used to do with and for them in the marriage, because of their injury. In many cases loss of consortium can amount to a substantial amount of money.

I have just touched the tip of the iceberg with this article. Ultimately, only a fool has themselves for an attorney.

I can assure you that in 99% of cases, a person without an attorney will get less than a person with an attorney in a California Personal Injury case.

If you or a loved one have been injured in a California Personal Injury matter you may call my personal injury hotline 7 days a week, 24 hours a day for a free consultation at 800-816-1529 extension 1. You may also check out my personal injury website at http://www.thepersonalinjury.com.

By California Personal Injury Lawyer Norman Gregory Fernandez, Esq., © February 10, 2011

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Tags: california personal injury, california personal injury attorney, california personal injury lawyer, Damages, emotional distress, general damages, loss of consortium, loss of enjoyment of life, loss of use of vehicle, loss of wages, medical bills, norm fernandez, norman g. fernandez, norman gregory fernandez, pain and suffering, special damages

I am Really Sick and Tired of Ambulance Chasers who give us Real Personal Injury Attorneys a Bad Name.

Written on September 15, 2010 by Norman Gregory Fernandez in Articles, Assult & Battery, California Motorcycle Accident, Car Accidents, Damages, Defective Roads, Dog Bites, Editorial, Education, General Legal, Insurance Information, Medical Treatment, Motor Vehicle Accidents, Passenger Injuries, Personal Injury, Product Defects, Slip and Fall, Wrongful Death

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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Tags: ambulance chaser, california personal injury attorney, california personal injury lawyer, capper, norman gregory fernandez, referral, runner

A Holiday Season of Suffering for Some.

Written on December 15, 2009 by Norman Gregory Fernandez in Articles, Assult & Battery, California Motorcycle Accident, Car Accidents, Dog Bites, Editorial, Motor Vehicle Accidents, Other, Passenger Injuries, Personal Injury, Product Defects, Slip and Fall, Wrongful Death

Happy Holidays from the Law Offices of Norman Gregory Fernandez & Associates

California Motorcycle Accident Attorney Norman Gregory Fernandez

As I type this article I am thinking about the many motorcycle accident victims, the motorcycle passenger accident victims, the car accident victims, the truck accident victims, the slip and fall victims, and other personal injury victims whom I represent all over the State of California.

The life of a personal injury attorney is not easy, especially when you care about your clients.

I just got back from Redding, California where the deposition of one of my motorcycle accident clients took place. His life has been utterly devastated by a rear ender motorcycle accident. As a fellow biker I truly feel for him. I saw the tears well up in his eyes as he described how the motorcycle accident ruined his life in the deposition.

In the San Francisco airport on the way home, I spoke to the brother in law of a man who was killed while riding his Honda Goldwing, when a woman decided to turn right in front of him. His family is devastated. All he was doing was riding his motorcycle.

As I got in my car at the Los Angeles International Airport, I was informed by my staff that we finalized a very large settlement for a client who suffered massive injuries when a cager turned in front of his motorcycle in the San Fernando Valley.

While sitting in traffic on the way home after hours, I consoled a client who was massively injured in another motorcycle accident in the San Francisco Bay Area.

In my firm the above is the tip of the iceberg and only describes a little about what I do on a daily basis.

My job and my career as a personal injury attorney is to help those who are injured, and those whose family members have suffered a wrongful death. I help people on a daily basis.

While most people celebrate the holiday’s and are oblivious to the suffering of some, there are many out there who are not so fortunate.

I would like to send prayers out to all of my personal injury clients during this holiday season. This may sound corny, but I feel your pain, I suffer with you, I will endeavor to see that you get the very best medical attention; I will do everything in my power to get you the compensation you deserve. You are not alone.

Happy Holidays from the Law Offices of Norman Gregory Fernandez & Associates

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Tags: bike accidents, biker attorney, biker lawyer, california motorycle accident attorney, california personal injury, california personal injury attorney, california personal injury lawyer, motorcycle crashes, motorcycle passneger accidents, motorcycle wrecks

When a Personal Injury Exacerbates a Pre-Existing Medical Condition; The “Egg Shell Skull” Theory.

California Personal Injury Lawyer Norman Gregory Fernandez discusses egg shell skull theory. Many people live their lives with pre-existing medical conditions such as: Bad knees; degenerative conditions in the back, previous broken bones that have healed, etc.

Are you entitled to recover for damages in a personal injury accident when a pre-existing medical condition is exacerbated? Yes!

The Egg Shell Skull Theory

The Egg Shell Skull Theory goes something like this. Let’s say Humpty Dumpty, who has a skull as thin as an egg shell, is driving, and gets into a car accident that is not his fault. His skull being as thin as an egg shell shatters into a million pieces so that all of the king’s horses and all of the king’s men could not put his head together again. Can Humpty Dumpty recover for his injuries considering the fact that he had a skull as thin as an egg shell, which is not normal for human beings? Yes!

The law of personal injury in a nutshell (not to be confused with egg shell) makes persons who are negligent, liable for injuries that they cause that are reasonably foreseeable. The case law on the subject has concluded that it is reasonably foreseeable that persons who are injured may have pre-existing conditions, or deformities, and that a negligent person must take the injured person as they find them. Hence Humpty Dumpty is entitled to a recovery eventhough is head is as thin as an egg shell.

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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.

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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.

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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.

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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.

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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.

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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!

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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

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