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AVOID STATEMENTS RECORDED OR SIGNED

By Heiting & Irwin |

Over the many years that I have been practicing workers’ compensation law, I have spoken with many people who are either looking for a workers’ compensation attorney to represent them or who just have some questions they want answered during a time that they are choosing to represent themselves. A question that I am… Read More »

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SIDEWALK DANGERS: WHO IS RESPONSIBLE FOR MY TRIP AND FALL?

By Heiting & Irwin |

As a City ages, and its trees mature, a common problem that can arise upon public sidewalks is a lift or protrusion to some portion of the slab that can cause or contribute to a fall incident.  Many times, roots from nearby trees are to blame, but there are many other possible causes including… Read More »

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998 Offers – Follow the Rules for them to be Valid!

By Heiting & Irwin |

We’ve discussed 998 offers many times in the previous blog entries(here, here, here, and here).  What happens if a 998 offer is sent but doesn’t include a specific provision for acceptance?  That was the subject of another recent case – Finlan v. Chase(2021) Cal App LEXIS 759. Chase sexually assaulted aesthetician Finlan during a… Read More »

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GUILTY OF A CRIME – ADMISSIBILITY IN A CIVIL CASE

By Heiting & Irwin |

An adverse party cited or charged with a crime, which resulted in personal injury claims for damages, can result in determining an important element of the civil case. Generally, a defendant in a criminal matter may plead guilty or no contest, as opposed to denying the charges. Guilty and no contest pleas can be… Read More »

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Road Hazards Caused an Accident. Who Is Responsible?

By Heiting & Irwin |

You were driving when you encountered a huge piece of debris in the road. You had to quickly swerve to avoid it, and you ended up getting into an accident. Or, maybe you were driving and you came to an intersection but didn’t see a hidden or absent stop sign. Instead of stopping, you… Read More »

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I Was Hit While Crossing the Street… Now What?

By Heiting & Irwin |

Every seven minutes, a pedestrian is injured in a traffic accident, and every two hours, a pedestrian is killed in a traffic accident. California is known for its heavy traffic, and it isn’t necessarily the safest place for pedestrians. If you, or a loved one, were hit crossing the street, now you need to… Read More »

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What Happens When You Get Injured During Summer Activities?

By Heiting & Irwin |

Summer is a time for fun in the sun. But your day out with your family or friends can quickly turn sour if you get injured. If you are wondering what happens when you get injured during summer activities and what next steps you should take, you’ll need to do your research and/or then… Read More »

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ARE YOU LICENSED? BY THE STATE OF CALIFORNIA? DON’T JUST LEND YOUR VEHICLE TO ANYONE

By Heiting & Irwin |

A recent ruling out of the 4th District Court of Appeals here in California held that vehicle owners are required to inquire about the license status of someone before letting them operate their vehicle.  In the case, identified as McKenna v. Beesley, Plaintiff McKenna was injured when driver Ronald Wells ran a red light. … Read More »

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Negligent Entrustment and an Owner’s Duty to Inquire Whether Permissive User has a License

By Heiting & Irwin |

Let’s say you lend your car to someone for the day.  Do you have a duty to ask them if they have a valid license? YES! Vehicle Code § 14604(a) states: No owner of a motor vehicle may knowingly allow another person to drive the vehicle upon a highway unless the owner determines that… Read More »

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Why Is It So Hard to Prove Medical Malpractice?

By Heiting & Irwin |

You recently had a medical procedure done and something went horribly wrong. You’ve been saddled with high medical bills and you’re not able to function day to day like you used to. Now, you’re thinking about suing your doctor for damages. The only thing is that you’ve heard it’s very hard to prove medical… Read More »

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