If you have god forbid been injured in a motorcycle accident anywhere in California, give me a call anytime 7 days a week, 24 hours a day at 800-816-1529 x.1, to discuss your case.
I can get you medical treatment even if you do not have medical insurance,
I will send my investigators to you so you do not have to come into the office.
I will work to get your motorcycle fixed.
I will work to get you all the compensation you are entitled to for your medical bills, lost wages, pain and suffering, loss of enjoyment of life, emotional distress, and more.
I am not some marketing scam that you have seen posting flyers all over motorcycle rallies, or biker rags nationwide. I am not “an association of lawyers” who has attorneys paying me money to advertise for them nationwide, and then farms cases out to them. I don’t pass out trinkets and goodies at motorcycle rallies to make you think that I am something I am not. I am not some generic non-riding personal injury attorney who has designed a fancy website to get you to think that they are biker lawyers, which they are not, I am a real deal biker like you. My firm and I handle the actual cases that come in. We say what we are, and are what we say, experts in motorcycle accident cases.
Read my blog below. I am an expert in motorcycle accidents. Like you I am a real biker who rides, and I am an expert in personal injury cases.
Don’t be suckered into signing up with a firm because of fancy advertising, or who do not ride motorcycles, who says they ride just to get you to sign up with them. Don’t be fooled by fancy ads. I am a top rated attorney who rides in the wind just like you.
Enjoy my articles below, there are hundreds of them!
Here it is March 13, 2013, and it has been a while since I posted my last article here on the Biker Law Blog.
I have moved to Huntington Beach, and my new law firm “The Moy & Fernandez Law Group,” is fully operational.
Our phone number and fax number are the same, 800-816-1529, but we have consolidated all our California pre-litigation operations into one location in Irvine, California.
So whether your case originates in San Francisco, Eureka, Redding, Sacramento, or San Diego, the pre-litigation will be handled by our competent staff in the Irvine office, while our field staff continues to come to you anywhere in the nation.
We handle the entire State of California. We welcome all of our new and existing clients to the new law firm. We look forward to kicking ass for you on your cases.
My partner Lawrence A. Moy, who has been a friend and brother since 2002 has merged his firm with mine to create a premier California Personal Injury Law firm. Together we have handled thousands of cases, and settled millions of dollars for our clients. We have many years of combined experience.
I feel sorry for the poor bastards who oppose us on cases, I give no quarter. Some lawyers say they will fight for you, we will kick ass for you.
I think we have what most would call one of the most high tech law firms in the nation. The technology we have employed at our firm is mind blowing.
I am a Southern California native, but I have lived in many places during my life. I would say that the move to Orange County for me will be permanent, in that I cannot see living anywhere else.
I love Huntington Beach. I have taken up walking on the pier each night around sunset, the people are great, the lifestyle is fantastic, and the motorcycle riding is good as well.
When I was younger, I used to surf. As a matter of fact, as a teenager I lived at the beach. I learned to surf at Topanga, my home beach was Zuma. Back then, the wave break was much different at Zuma and Point Dume, then it is now.
Believe it or not, I just bought a brand new 9’ Greco Longboard surfboard. It will be delivered this Friday. I got a new full wetsuit to go along with it. Hell, at 49 who says you are too old to start surfing again. I figure a longboard, will help me to ease back into it, and on those days with a small surf, I will be catching waves while the guys on short boards will be watching me ride. I figure if I start surfing each morning at 5am, I can still get to the office easily by 9am.
I wonder if they make a surfboard rack for a Harley Davidson. Once I get used to surfing again, I will have a custom Harley Davidson themed surfboard made for me.
So there it is. As you can imagine, I am swamped with work right now. As I type this article, I have spent the last 4 days out of 5 days in Court. I am still at the office catching up. Nonetheless I wanted to let you all know what is going on.
Looking forward to the Laughlin Biker Rally coming up next month. This will first year I take “Bessie,” my motorhome, (the same one I rode around the country with) to a major motorcycle rally this year.
As a California Personal Injury Lawyer I feel I have a duty to inform all about California consumers lack of any real legal remedy if you suffer a Personal Injury at anyone of California’s numerous Indian Casinos.
If you have been the victim of a Personal Injury, or if you suffer a Slip and fall at an Indian Casino, you may have a potential court case, you may have a claim that will be headed to the tribal council, you may have a case that will go to private arbitration, you may have a case that will be determined by a private insurance company claims adjuster, or maybe you have a case that will literally give you no legal remedy.
Just 14 years after Gov. Pete Wilson signed the first compact with a tribe allowing Las Vegas-style slot machines in California, personal injury and property damage consumer protections in Indian casinos are all over the place respect to consumer rights and remedies in personal injury cases.
Every one of the 56 Class III gaming tribes within the State of California features its own specific tort liability ordinance spelling out how it will process personal injury cases.
The California State Bureau of Gambling Control states that many tribes authorize risk managers or their insurance companies to decide a claim’s validity. Some allow patrons to appeal case denials to tribal courts or to councils of tribal elders. Some others will take disputes to arbitration. Almost all do not recognize a role for California’s trial courts.
Each Indian Tribe is basic its own sovereign government. They do not have to follow California law on personal injury and most if not all don’t.
Due to this problem there are very few of us California Personal Injury Lawyers that will take on Personal Injury cases that occur on Indian Casinos.
I myself reject the vast majority of cases that come to me involving Indian Casinos, because without a standardized arbitration ordinance or something to that affect, they are too much of a hassle to deal with.
I have heard stories of Indian Casino cases taking many months or even years to get resolved, much longer than cases in the normal California court system. Many of the elderly victims who are claimants in these cases either give up or die before having their cases resolved.
Another issue with Indian Casino cases is that the people being sued are also the ones who are deciding the merits of the case. It is analogous to suing a Judge and then having that same Judge determine the outcome of the case in which he is being sued. How you do think that is going to turn out?
Appeals Courts have rejected Indian Casinos being sued in State Court stating that sovereign immunity precluded it from being sued in State Court.
What is bizarre to me is that the State of California negotiated compacts with the Indian Casinos allowing them to place Las Vegas style slot machines in the casinos, yet they did not provide a standard legal path for patrons of these casinos to take if they are injured within the Indian Casino.
I myself think it is time to either re-negotiate these compacts, or boycott the Casinos until the Indian Tribes themselves agree to standardized legal remedies for persons injured at their casinos.
I am calling on all California Indian Casinos to come sit at a table and discuss this situation so that a resolution can be reached to ensure California consumers that they are safe at your establishments.
I have noticed a marked increase of persons contacting me to get advice on how they can represent themselves in their own personal injury case.
Some of these winners get on websites that allow consumers to ask questions of attorneys, then they go and try to handle cases on their own without an attorney.
Do these people realize why we personal injury attorneys exist? We exist because for profit insurance companies will simply not give you what you are entitled to 99.9% of the time without an attorney.
The first thing they teach us lawyers in law school is never to represent yourself in a legal matter because you are emotionally biased, and the emotions will adversely affect your ability to handle the case. It is always best to have an independent person represent you in a case.
Aside from the emotional aspects of representing yourself, do these people who want to play attorney and that try to represent themselves realize how complicated a real personal injury case is? Of course not they don’t. It would be close to impossible for an untrained person on their own, to prosecute a personal injury case through the court system without an attorney.
I have been practicing 15 years and I can assure you that I have seen some lawyers who need to go back to school, let alone an untrained person actually doing it.
Personal Injury cases are complicated and no self-help book is going to give you the knowledge you need to handle one of these cases.
I see non-lawyers in Court all of the time getting hammered by Judges and getting sent packing because they did not do their cases right. In some instances non-lawyers get dinged with monetary sanctions against them because they do not know the law.
Then there is the matter of the cheapskates. These are winners who figure in their mind, hell; I am not going to give an attorney a third of my case, so I will take all of the $2,000 the insurance company is going to give me.
They don’t realize that their case might in fact be worth $25,000 to $50,000, and even on the low end, they would have got two thirds of $25,000 or $16,675 with an attorney, as opposed to the $2,000 they got sucked into accepting by the insurance company.
One of my sayings is that it is better to get two thirds of something instead of all of nothing.
To me this is plain stupidity, and there is a lot of it out there lately.
It does not make sense to me why a person would try to handle their own personal injury case without an attorney, when an attorney like me can be retained with no money out of your pocket whatsoever until a recovery is obtained.
The insurance companies are constantly on the lookout for idiots who will accept the half payment of medical bills, or a token 1k to 2k to settle a case that might be worth tens of thousands of dollars, without an attorney.
Any insurance adjuster worth their weight in gold, loves talking to the stupid amongst us who for whatever reason, does not mind screwing themselves out of what they are entitled to by not retaining a personal injury attorney like me.
Don’t be stupid, if you have been injured due to the negligence of another call an attorney, heck, call me.
If you or your family has been injured anywhere in the State of California, you may contact our law firm for a free consultation at 800-816-1529 ext. 1, or submit your case through our website at http://www.therpersonalinjury.com
The Law Offices of Norman Gregory Fernandez & Associates is proud to introduce our new California Accident App ™ for the iPhone, iPod, and iPad, and for Android Phones Tablets, and devices.
Best of all it is FREE for all users worldwide.
Our California Accident App™ is available on Apple iTunes by clicking here, and on the new Google Play Market (replacement for the Android Marketplace) by clicking here.
We developed this mobile application to assist all California drivers in the event that should be in a car, motorcycle, truck, or other motor vehicle accident. The California Accident App can also be used in Slip and Falls, and other California Personal Injury cases.
Here is a description of the California Accident App™ right from iTunes and Google:
Why download the California Accident App™?
The California Accident Application™ is one of those things you don’t think you will ever need, until you do. And when you do, you’ll be glad you took a few seconds to download it. the California Accident App provides straightforward to-do’s, fact and evidence gathering tools to ensure you or your loved one are informed and protected when moving vehicle accidents happen. None of us like to think about it, but car accidents do happen.
Here are some screen shots, click on each image to see a bigger image:
California Accident App™ features:
- Camera, video recorder and text notepad provide all you will need to record all of the pertinent data about any moving vehicle accident.
- Invaluable FAQ section containing important information about the appropriate procedures to prepare for and handle any moving vehicle accident.
- Time saving forms to clearly collect accident information from the other parties (drivers, witnesses, passengers etc.)
- Automatic GPS locator which aides in recording critical accident facts like traffic patterns and driving conditions.
- Emergency Services Locator.
Here are the QR Codes to help you find our California Accident App easier:
Go ahead and install the California Accident App™ on your mobile device now, and hopefully you will never need to use it. However, if you do, remember the logo and use it.
Well with Palm Springs American Heat I have finally had enough with what I think is a disgusting advertising practice by what in my opinion are bottom feeder personal injury lawyers.
In Palm Springs a certain so-called Biker Lawyer group had some scantily clad young girls aggressively coming up to people who were walking by saying that they worked for a lawyer who actually rides, as they tried to force feed passerby’s their business cards, and cheap novelties and trinkets.
I told the girls who came up to me, “Sorry, I am a Biker Lawyer who actually rides.” They kind of had a shocked look on their faces.
You see, I actually ride to many motorcycle events all over the nation. This year was no different.
All of a sudden there are a certain group of the same personal injury lawyers showing up at events calling themselves “Biker Lawyer” and “Lawyers that ride” at motorcycle events.
To me a Biker Lawyer and a Lawyer that rides, is someone like me who is a lawyer and who also is a biker that rides motorcyles. It is a real simple concept, not some bullshit marketing slogan!
I think that I may have been the first Biker Lawyer to coin that term back in 1997 or so, because I am a lawyer who really rides. Once I started putting it out there on my website and on my blog, all of a sudden I saw other lawyers claiming the same thing.
Well now all of a sudden there are groups of lawyers showing up at motorcycle events all claiming to be “lawyers that really ride.”
It is not that I do not mind competition, hell I think it would be great to find a group of lawyers that actually ride motorcycles, hell I would like to go ride with them and make some new friends.
But what I really think is going on is a marketing gimmick aimed at bikers, and the way I see it, showing up at a motorcycle rally with a booth telling people if they crash their motorcycles, to call them, is disgusting and despicable to me.
In two words it is “Bad Karma.”
At the Las Vegas biker rally a few weeks ago, as we were walking by one of these booths, some guy sitting on his ass in the booth looked at my wife’s hat and said in a smart ass way, “who is the biker lawyer?” (The hat said Biker Lawyer, www.bikerlawyer.net on it) I told him I was. I also told him that I don’t sit at booths at motorcycle rallies; I actually ride to the rallies.
He had a stunned look on his face because I was actually in my biker garb because; yes I was riding, unlike him.
Curious about what it actually takes to be a Biker Lawyer with one of these organizations that has started up in the last couple of years I believe; I contacted one who I think was based in Arizona if I am not mistaken. They sent me a bunch of literature. At the time I contacted them, they had some firm based in San Diego as their only California firm.
In researching them, I saw no indication whatsoever that anyone from the firm listed for California at the time rode motorcycles. Matter of fact, I never even heard of them! Now it could be that someone from that firm actually rode motorcycles, it all seemed fishy to me.
Basically, I was told that if you pay at the time I contacted them, approximately 10k or so yearly fee to the organization I am referring to, you can be a Biker Lawyer with their group.
They would advertise for cases for you, and send you the cases in your territory. Very interesting!
Now the casual person looking at this group would think that it is all the same organization. Well it is not. It is a marketing vehicle that attorneys pay to be a part of.
Nowhere on the application did it ask if you actually ride motorcycles. Further, they hold themselves out to be Lawyers that really ride.
I think this practice is very misleading. I think consumers and bikers should be notified that lawyers pay a fee to be a part of this organization, and I think each of their lawyers should actually ride if they are going to advertise that they are lawyers who ride!
My next question is that most States require you to be licensed in that particular State to practice law in that State. You can apply to represent an individual in Court on a one or two time basis if you are an out of state lawyer, however, you cannot do it all the time.
So I wondered, how do the now 3-5 groups of lawyers that show up at all of the biker rallies, and that advertise in all of the biker rags, actually practice law in all 50 states legally.
The answer is that they cannot. It appears to me that these groups of lawyers that are advertising nationwide either have some kind of fee splitting deal going on with lawyers in the different States so the main lawyer will advertise and get cases for them, and then they will share the attorneys fee with the guy in the State actually doing the case, or they have some kind of marketing scam going on, where the attorney pays a fee like the organization I contacted, and the main attorney will advertise, and then send cases to the lawyers who are paying their franchise fee.
I think this entire practice is misleading, and despicable.
I saw American Chopper last night where even another group that I have never heard of before has popped up. It appears to me to be another marketing setup where they have created a website to target nationwide the “niche” market of motorcycle riders.
After digging deep into their website, it looks like the main law firm sponsoring their “Biker law” marketing campaign is based in Pennsylvania, and they too are claiming that they are lawyers that ride. I have no clue how this site or law firm work, but again, unless they have attorneys licensed in each state, they too must have some kind of fee splitting or franchise type of deal going on.
They do not limit themselves to just one State on their website.
On the TV show, they had a guy who they represented to be an attorney come in and order a custom bike to honor the firefighters or something to that affect. Somewhere it stated that he was the “lead counsel” or “managing counsel” of the biker law end of the firm. What the hell does that mean?
Anyway, at the end of the show there were a bunch of people in t-shirts with the biker law website address on it.
I almost threw up. You got to admit these people are marketing geniuses. They get an hour of TV advertising for what looks to be new operation, and all they had to do is pay (probably overpay) for a custom chopper from Orange County Choppers.
In the end there sits us real bikers. What are we supposed to believe is true?
First, I think that no lawyer should be going to motorcycle events and advertising for motorcycle accident cases. People are at the events to have fun, not to have the fact that they could crash shoved down their throats by a bunch of marketing hacks.
Second, I think that all of these firms should be forced to disclose the truth about their organizations, i.e., whether they are a fee splitting shop, whether lawyers pay them to have cases sent to them, and who in fact is the real biker lawyer in their organization.
I personally know at least two major attorneys in the so-called biker lawyer nationwide marketing scam, and neither of them rides motorcycles. One of them even stated in the Los Angeles Times in an article that he does not ride; because he wants to see his grandkids grow up. The article featured one of their new associates who had just got a Sportser, who had ridden for less than 6 months. (This guy has since left and opened his own bike lawyer shop)
So here I sit a humble real California Biker Lawyer who actually rides motorcycles. I am the friggen real deal. I am not playing some marketing scam on my clients. They know what they are getting when they retain me.
If you are in California and want the real deal call me; 800-816-1529 x.1.
For the rest of you there is a saying; Caveat Emptor, which is Latin for let the buyer beware.
Finally, you can have a say so if you also don’t like these bottom feeders showing up at our motorcycle rallies, simply don’t call them if you have an accident.
With a little research you can find someone like me who actually ride’s and is not part of some marketing operation geared towards bikers!
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.
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.
Are there any real biker lawyers out there beside myself?
When I look at the Internet I see a bunch of pasty face lawyers and attorneys in suits claiming that they are motorcycle injury attorneys. Some are well known so-called motorcycle attorneys who advertise in a bunch of motorcycle publications, and even set up booths at events.
I know one up and coming so-called motorcycle attorney outfit that is nothing more than a marketing franchise scheme aimed at bikers and motorcyclist like you.
Hell, they advertise on TV, and they are all over the Internet representing themselves as biker lawyers.
When I contacted them to find out what they were about, they sent me marketing literature. Basically if you join their outfit and pay a fee, you too will be a real biker lawyer. They have a nationwide marketing campaign going right now which is targeted at bikers and motorcyclist. What a joke!
Let me ask you a question. Would you really want to hire a motorcycle injury attorney from an outfit that is nothing more than a marketing scheme directed at you?
Some months ago a few of us so-called “biker lawyers” were in an article in the Los Angeles Times discussing what is what like to be a biker lawyer.
One of my competitors admitted in the article, that he did not ride “because he wanted to grow old to see his grandchildren.” There was another attorney mentioned in the article, who I have never heard of before the article, who had recently starting working for the same firm of the guy who admitted that he did not ride, stating that he recently actually started riding, and that he recently started doing motorcycle accident cases; isn’t that grand.
Hell at least I give them a little credit for having an employee attorney who actually started riding a Harley Davidson Sportster right before the article came out.
Hell this firm advertises nationwide in many prominent biker rags. If you were to read their advertisements you would think that these guys are the baddest biker lawyers in town. I challenge them to ride with me sometime here in California. It would be nice to actually meet another attorney who rides motorcycles.
Geez would you want an attorney who is great at advertising, but who does not ride because “they want to grow old to see their grandchildren” representing you in your motorcycle accident case? Do you think that this guy actually respects you and your right to ride?
The reporter from the Times gave me a sentence or two credit in the article, notwithstanding the fact that she interviewed me for about an hour.
I thought it was amusing that the majority of the article was spent giving lip service to attorneys who don’t actually ride motorcycles, except for the one junior associate I mentioned above, who had just started riding motorcycles.
I challenge any of the so-called local California Biker Lawyers and Motorcycle Accident Attorneys who advertise anywhere in California to join me on a ride. The reason why I am issuing this challenge is because I believe that maybe only a few of them actually ride motorcycles if any do at all.
I do know of some lawyers nationwide who do actually ride motorcycles. One of them from Southern California who rides, does not do motorcycle injury accident cases.
There was an actual Superior Court Judge based in San Bernardino who actually rides motorcycles. He is, or was a Judge, I am not sure of his status now, but he does not advertise as a biker lawyer who handles motorcycle accident cases.
There is an attorney; his name is Jeff who lives in Korea, who rides. I met him through this Blog, the Biker Law Blog.
I know that there are lawyers out their sprinkled around the good old USA that ride motorcycle, but believe you me; they are the exception and not the rule.
In my personal opinion, I think that a law firm, or someone who advertises that they are “the best” motorcycle accident attorney,” or that they are “attorneys who ride,” or that they are “motorcycle accident experts,” etcetera, etcetera, should put their proof where there mouths are, or stop the false and misleading advertising.
I put my proof on the road on a daily basis. I do not make untrue claims about being a lawyer who rides; I am a lawyer who rides.
My firm has helped many bikers and motorcyclist in their time of need after a motorcycle accident. My client’s know I am a biker and motorcyclist just like them. When they talk to me, they are talking to a fellow biker and motorcyclist, not some attorney who advertises to them like they are a niche market.
Do not fall prey to slick advertising campaigns, or firms that are flat out misleading you into thinking that they are real bikers and motorcyclist only to get your business, when they are not bikers and motorcyclist who actually ride.
It is one thing to be a generic personal injury attorney who handles motorcycle accident cases, and another thing to flat out lie about being a biker and motorcycle rider only to get business, and to get real bikers and motorcyclist like you to sign up with them.
As I have stated many times, a generic personal injury attorney is at a severe disadvantage handling motorcycle accident cases, because they do not know the intricacies of riding a motorcycle, the very real dangers that bikers and motorcyclist face on the road when they ride, or how to deal with the prejudice that bikers and motorcyclist sometimes face, because they themselves have never had to personally deal with them.
You would not want to go to a general doctor for an orthopedic operation would you? So why would you go to a generic personal injury attorney instead of a real biker and motorcycle accident attorney to handle your motorcycle accident case?
So there it is. If you are a motorcycle accident victim, you need to do your due diligence when picking an attorney and lawyer to handle your motorcycle accident case.
If you see a slick advertisement from someone claiming to be a biker who rides, or who claims that they are the best motorcycle accident attorney, or that they are attorneys who ride, or someone who poses next to a motorcycle in a picture or advertisement, ask them a few questions about riding, particularly, when was the last time they rode!
You should know after a few questions whether they are bullshitting you our not.
My name is Norman Gregory Fernandez, and I am a real California Biker Lawyer, who handles motorcycle accident cases. Yes, I actually ride.
Then again, if you are anywhere in California, you can just call me. I will take care of you if you have a good case. Call me 7 days a week, 24 hours a day at 800-816-1529 x. 1.
If I agree to take your case, and you decide to retain me, I will send my people out to sign you up, so that you do not have to come into our offices.
We will handle your motorcycle property damage claim part of your case for free, unlike other attorneys who may charge you an administrative fee, or even a percentage of the amount of property damage.
I know attorneys who charge a fixed administrative fee to handle property damage. I will never take a dime of money to help you get your motorcycle repaired or totaled, if you retain me for your injury case.
We not only do not do that, but we think that it is wrong for a lawyer and attorney to take any part of the property damage claim in a motorcycle injury case.
If you are one of our clients, we will not only do the property damage part of your case for free; we will also do the following;
We will arrange to get you medical care, even if you do not have medical insurance, as part of your overall case.
We will help you to get a rental car if you are stuck without transportation.
We will help you to get a handicap placard for your vehicle so you can park in handicapped spaces while you are recovering.
We will help you to get a cash advance on your case with a 3rd party company if you are unable to work.
We will fight to get you everything that you are entitled to in your case such as loss of income and future income, medical expenses and future medical expenses, pain and suffering, loss of enjoyment of life, emotional distress, loss of use of your motorcycle, and any other out of pocket expenses related to your accident.
We will also fight to get your spouse a recovery for the loss of consortium related to your motorcycle injury accident.
Hell, we even make ourselves available to our clients after hours and on the weekends when necessary.
We are not bankers and do not keep bankers hours. We work when necessary, not by arbitrary hours like some other attorneys!
We will go that extra mile for you in your case.
There is a reason why many bikers, motorcyclist, motorcycle club members, and others come to me for representation on their California cases; and it sure is not because of my slick advertisements.
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.
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.
I do many personal injury cases where a person suffers an injury due to the negligence of another, and the injury is actually diagnosed as a condition that existed prior to the accident, but was exacerbated or became symptomatic after the injury accident.
Many people who have pre-existing conditions learn to live with their conditions, are pain free notwithstanding their conditions, or have minimal discomfort due to their conditions. Some may even have a large amount of pain or loss of mobility due to their conditions.
These people are entitled to recover for their losses just like anyone else who is injured in a Personal Injury accident that is not their fault. Crafty insurance company adjusters and insurance company lawyers will try to limit their liability by claiming that the injured person was not injured at all in an accident, and that they had a pre-existing medical condition which cuts off or limits their liability.
Some persons with pre-existing medical conditions may not even seek legal advice or retain a lawyer after they are injured, because they figure that they already had the condition before the accident in the first place. This is a huge mistake.
The bottom line is that any person who is injured due to the negligence of another, and who has a pre-existing medical condition, is entitled to recover compensatory damages that were caused by the accident. If a pre-existing medical condition or disability is made worse or symptomatic as a result of the accident you are entitled to recover.
It takes a good personal injury lawyer, who knows the law to get you what you are entitled to.
If you have suffered a personal injury, you can check out my personal injury website by clicking here, for valuable information on these types of cases.
If you would like a free consultation on your California personal injury case you may call me at 818-584-8831, go to my website at www.thepersonalinjury.com and click on the Free Case Evaluation Link, or you may email me at email@example.com. I will tell you for free what I think of your case, and whether I can help you.
Most of us are good citizens and purchase liability insurance to cover us in case we cause an accident. Some people purchase minimum liability coverage and some people purchase more.
When you buy this insurance you are doing it to not only comply with the law, but to protect you and your assets in case you cause a car, motorcycle, or other motor vehicle accident.
Now let’s say that you get into an accident that is your fault; you report the accident to your insurance carrier; you think that your insurance company will cover you pursuant to your insurance policy right? WRONG!
If you read the fine print in your insurance policy you will notice a bunch of language that most non-lawyers would not understand. The gist of the language in plain English is that by accepting the insurance policy, you agree to cooperate with the insurance company if they decide to litigate, and the insurance company is the one who decides whether a case will be settled, not you.
The insurance companies are all about making tons of money and paying as little as possible. Since the advent of legally mandatory insurance coverage (Proposition 213 in California) the insurance companies have become very cavalier because their coffers are full of your money.
Instead of settling meritorious claims, they are forcing claims to be litigated in Court in an attempt to stop personal injury lawyers from obtaining a just recovery for their clients. They know full well that personal injury lawyers do not have as much money to litigate as they do, so their ploy is to starve out the personal injury lawyers and ultimately make it harder for people who are injured in accidents to obtain a recovery. In the end it is the consumer and persons injured in accidents who are hurt, while big business makes more profit at your expense.
Even people who cause accidents and have proper liability insurance to cover the claim are being victimized by the insurance companies.
The insurance companies are experts at deception. With your money, insurance companies contribute money to politicians, and run media ads which blame the personal injury attorneys for making insurance rates so high. What they don’t say is that the backlog in Court is due to the insurance companies not settling claims like they should in the first place.
Now let’s go back to the example of you causing an accident. If the insurance company is unreasonable and refuses to settle a case at or below policy limits, you will then be dragged through the legal system. You may have to answer discovery, appear for depositions, and even take time off to go to trial. This is a long and arduous process that you did not think that would have to deal with when you purchased liability insurance. Surprise!
If you lose at trial, the insurance company will in most cases pay the judgment, but guess what; YOU WILL HAVE A JUDGMENT AGAINST YOU ON YOUR CREDIT REPORT, and in the Court file! Thanks to your insurance company your credit has just been dinged due to no fault of your own.
Is this fair? I submit to you that it is not. You paid for insurance; the insurance company could have settled the case for you within your policy limits; instead, they decided to litigate in an attempt to minimize what they have to pay out so that their profits remain high. They did so without any regard for your credit report, or having your name appear in the public record as having a judgment against you.
Many insurance companies have in-house lawyers; some use outside lawyers. These lawyers are supposed to have a duty to you to do what is in your best interest. The reality is that they do what is in the insurance company’s best interest. This is the ultimate conflict of interest. Ethically the attorney that the insurance company uses to represent you has a duty to you, not the insurance company. The reality is the attorney gets his marching orders from the insurance companies.
A worst case example is the recent Hurricane Katrina disaster. Have you read about all of the poor people who are getting screwed because they are not being covered by their insurance companies for insurance that they paid for?
It’s time for America and consumers to wake up and smell the roses. It is not the trial attorneys that are the problem; its big business wanting to screw the little guy so they can obtain more profit at your expense. Some have made this a political issue. I have even heard President Bush talking about Tort reform, and blaming the trial attorneys for the nation’s health care woes.
Anytime you here tort reform remember one thing; you are about to be screwed! Anytime your right to recover for damages in a Court of law is infringed upon, you will be the victim, while big business rakes in the mula!
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.
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.
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.
WHO CAN SUE FOR WRONGFUL DEATH
A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the victims personal representative on their behalf:
(a) The victims surviving spouse, domestic partner, children, and offspring of deceased children, or, if there is no surviving children of the victim, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the victim by intestate succession (a person dying without a will).
(b) Whether or not qualified under (a) above, if they were dependent on the victim, the putative spouse, children of the putative spouse, stepchildren, or parents. ‘Putative spouse’ means the surviving spouse of a void or voidable marriage who is found by the court to have believed in good faith that the marriage to the victim was valid.
(c) A minor, if, at the time of the victims death, the minor resided for the previous 180 days in the victims household and was dependent on the victim for one-half or more of the minor’s support.
As you can see, there are many people that may qualify to sue for wrongful death. Our law firm handles wrongful death cases, and can tell you whether or not you have the right to sue for wrongful death.
Compensation That You Are Entitled To In a Wrongful Death Case WRONGFUL DEATH DAMAGES
Financial Support - The financial support, if any, that the person who was a victim of wrongful death would have contributed to the family during either the life expectancy that the victim had before [his/her] death or the life expectancy of the person who is suing, whichever is shorter.
The Loss of Gifts and Benefits - The loss of gifts or benefits that the person who is suing would have expected to receive from the victim of a wrongful death.
Funeral and Burial Expenses - The cost of funeral and burial expenses.
The Reasonable Value of Household Services - The reasonable value of household services that the victim would have provided
The loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support that the victim would have provided.
The loss of the enjoyment of sexual relations with the victim.
The loss of training and guidance of the victim.
Punitive damages (punishment damages) are awardable to the victims estate in an action by the estate representative based on the cause of action the victim would have had if he or she had survived. an example of a case or the estate of a victim can sue for wrongful death with punitive damages would be intentional homicide.
If you believe you may have a California wrongful death case, it is important to call our office for a free consultation on your specific matter. You may call our office at 818-584-8831 extension 1 for a free consultation, or you may go to our Wrongful Death Website by clicking here. If the your case is outside of the State of California then you should consult with a competent wrongful death lawyer in your State.
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.
Misconception (1): In most personal injury scenarios you only pay a percentage of what is recovered for you by the attorney in a contingency fee personal injury situation; not a percentage plus an hourly fee. If a lawyer tries to charge you both, look around for one that does not charge both. I personally only charge a percentage of what I recover for my clients on their Personal Injury Cases.
Misconception (2): It is unfair for a lawyer to get a percentage of your case; well you have two choices in this regard, you can retain a lawyer to take your case without having to pay any money out of your pocket up front, or you can pay a lawyer his ordinary hourly rate to do your case. By a lawyer taking your case on a contingency basis you are not going to have to come out of pocket for tens of thousands of dollars to get an attorney to take your case, and to continue to represent you. Most people chose to not have to pay out of their pocket up front on a personal injury case, and retain a lawyer on a contingency basis for their personal injury case. It’s better to pay no money up front than to have to pay tens of thousands of dollars. Then again the choice is yours.
With regard to misconception (2), if I were to charge my ordinary hourly rate in a typical personal injury case, the attorney’s fees could go as high as $100,000.00 or more if the case goes to trial. It would be stupid not to retain a lawyer on a contingency basis, especially for a small personal injury case, especially when there is no guarantee of any recovery on your part.
NO PERSONAL INJURY LAWYER CAN ETHICALLY GURAENTEE THE OUTCOME OF YOUR PERSONAL INJURY CASE! If you find one that says he can guarantee results, ask him what the upcoming winning lottery numbers are going to be, and then run out the door and go buy a lottery ticket. If you win the lottery than I would retain that guy!
In all seriousness you will find shysters that guarantee results just to get you to retain them. No lawyer knows ahead of time what a jury is going to do in any case, but we usually have a pretty good feel as to whether you have a good case. That is why we are willing to take your case on contingency with no money being paid by you up front!
If you do find a shyster that makes guarantees as to the outcome of your case, call them on it; ask them to put in writing! Then if they don’t provide the guaranteed results they put in writing, sue them for breach of contract! In all seriousness when you are injured you are not going to want to play games. I am telling you here and now, no ethical Personal Injury lawyer will guarantee results because we do not know what the ultimate outcome of your case will be.
As for me I do everything that I possibly can to get you the most money possible in your personal injury case because my fee is directly proportional to what I get you in your case! It’s a win-win situation. You will want a hard fighting aggressive lawyer who will fight for you!
I hope this article was helpful in explaining what a contingency fee is. If you have a personal injury matter in the State of California you can call me for a free consultation on your case at 818-584-8831 extension 1, or check out my personal injury website by clicking here.
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.
The Moy & Fernandez Law Group are real bikers helping other bikers. Unlike some other so called "fake" motorcycle accident attorney's who do not ride motorcycles, Norman Gregory Fernandez, Esq. actually rides a motorcycle.
We are experts in dealing with motorcycle accident cases.
We handle motorcycle accident cases, motorcycle passenger injury accidents, and other personal injury cases all over the State of California. We are real bikers and motorcycle riders who represent bikers and motorcycle riders who have suffered injuries due to motorcycle accidents and crashes. We handle Motorcycle Accidents, Motorcycle Passenger Accidents, Dangerous Conditions on public roads which cause motorcycle accidents, defective motorcycle cases, Cruiser Motorcycle Accidents, biker rights, criminal law, Car Accidents, Uninsured Motorist Claims, Wrongful Death, Torts, Cager and/or Car negligence, personal injury and Other Injury Cases. We have locations in Southern California and Northern California. We handle personal injury, and motorcycle accident cases in all over California including: Southern California, Central California, and Northern California.
If you have been injured in a motorcycle accident or any other motor vehicle accident, you may call us 7 days a week, 24 hours a day at 800-816-1529 x. 1, or submit your case online here.