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WHAT IS A “THIRD PARTY” CASE? WHERE WORKERS’ COMPENSATION AND PERSONAL INJURY INTERSECT

By Heiting & Irwin |

Generally, any time a worker in California is injured at work or while performing their job duties, they are limited to filing what is commonly referred to as a “Work Comp” claim or case.  This type of claim can help an injured worker get medical help needed for their injury and wages while they… Read More »

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Plaintiff injured at baseball game – Primary Assumption of Risk?

By Heiting & Irwin |

A recent case involving the primary assumption of the risk doctrine (Mayes v. La Sierra University (Jan. 7, 2022, No. E076374) ___Cal.App.5th___ [2022 Cal. App. LEXIS 8, at *1].) had a surprising outcome: Plaintiff and appellant Mayes was struck in the face by a foul ball while attending an intercollegiate baseball game between two private… Read More »

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Suing a Driver Under the Influence for Personal Injury

By Heiting & Irwin |

When someone is caught driving under the influence of drugs or alcohol, they could face criminal charges in the form of a DUI. However, if they injured you while they were under the influence, then you could take them to court and sue them for personal injury. Damages, including damages to punish them (punitive… Read More »

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Damages in a Motorcycle Accident Case

By Heiting & Irwin |

You were recently riding your motorcycle when a driver hit you and injured you. Now, you’re wondering what kind of legal action you can take, as well as what settlement you could expect. By learning about damages in a motorcycle accident case, you can figure out which ones would be applicable and if you… Read More »

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Negligent Security for Outdoor Events: Who Is Responsible for an Injury?

By Heiting & Irwin |

When you go to an outdoor event, you expect it to be not only enjoyable, but safe as well. The last thing you would think was that you’d suffer from an injury at one of these events. However, if that happened to you, then it’s time to research more on it and seek out… Read More »

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PROTECTING OUR PROTECTORS (FURTHER COMMENT ON THE COVID-19 PRESUMPTIONS)

By Heiting & Irwin |

Clearly, with all of the people who have become infected with COVID over the last several months, many of them become infected as a result of being exposed to someone in their job who already had this insidious virus.  This could have been as a result of contact with a co-worker, a customer, or… Read More »

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Don’t Forget to do these 3 things after an accident

By Heiting & Irwin |

If you’ve just been in a car accident, there are some very important things you should always remember to do (not necessarily in this order): Get names of Parties AND witnesses! Oftentimes, clients only get the information of the other involved parties.  This is fine BUT it is often very helpful to get the… Read More »

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HOV Lane Guidelines

By Heiting & Irwin |

High occupancy lane(s) or “HOV” lanes (sometimes also described as car pool lanes) are restricted to use by vehicles with greater than one occupant. It is illegal for single occupant vehicles to use the HOV lane(s) for travel, and most definitely for passing other vehicles! Single occupancy vehicles should not cross over the solid… Read More »

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ACCESS TO JUSTICE FOR UNIFORMED MEN AND WOMEN SUFFERING FROM MEDICAL MALPRACTICE

By Heiting & Irwin |

I recently read an article in the Daily Journal about medical malpractice claims made against the military.  The article discussed the passage of the National Defense Authorization Act in 2020, which allowed uniformed service members to pursue injury or death claims against Department of Defense health care providers, and the Pentagon’s passage just this… Read More »

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Steps to Take if You Slip and Fall in a Retail Store

By Heiting & Irwin |

Slipping, tripping, and falling in a retail store can be much more serious than it sounds. You could suffer from a severe injury under certain conditions and end up needing extensive medical care in order to recover. If you take certain steps if you fall in a retail store, then you’ll be much more… Read More »

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