Recent Blog Posts
SUBPOENA WARS: ENFORCING PRODUCTION
During the litigation of a personal injury claim, an attorney may need to issue a legal document referred to as a “subpoena” if the goal is to require a non-party to the litigation to produce information. The information sought determines the specific name for the pre-trial subpoena, but they generally either seek someone’s deposition… Read More »
What Drivers Need To Know About Reducing Risks Of Animal Car Accidents
As winter gives way to spring, animals may emerge and appear more frequently on California’s roadways. Drivers can limit the potential for animal car accidents by taking steps such as limiting their speed and being vigilant about their surroundings. If you experience a car accident, contact the California attorneys at Heiting & Irwin by… Read More »
FURTHER IMPORTANT PRESUMPTION COMPENSABILITY
As a follow-up to our previous Specific Presumption of Injury blog, here are additional circumstances that result in a presumption of industrial injury for the conditions set out herein below: (a) PNEUMONIA Certain members of fire departments, including the Department of Forestry and Fire Protection, whose duties require firefighting (L.C. 3212); Officers of the… Read More »
MICRA DOES NOT APPLY TO A WRONGFUL DEATH CAUSED BY ELDER ABUSE
On May 23, 2022, Governor Gavin Newsom signed AB35, legislation to modernize the system for awarding damages in medical malpractice cases in California. The new legislation makes significant changes to the Medical Injury Compensation Reform Act (MICRA). MICRA’s cap on non-economic damages for wrongful death has been raised from $250,000.00 to $500,000.00, but if… Read More »
What To Do: Persistent Neck Pain After Car Accident
After a car accident, a victim can continue to suffer from persistent neck pain. Also sometimes called whiplash, according to the National Institute of Neurological Disorders and Stroke, this condition involves multiple symptoms. These can include neck pain, neck stiffness, back or shoulder pain, dizziness, or headaches and are present after damage to the… Read More »
The Importance of Expert Witnesses
Expert witnesses can be relevant in many types of lawsuits, but they can be especially important in motor vehicle accident cases. The testimony of an expert witness can demonstrate that the victim’s positions contending the accident and resulting injuries are accurate. In addition, they can effectively provide answers to difficult questions the jury may… Read More »
HAVE YOU LOOKED AT THIRD PARTY LIABILITY?
Although an injured employee who sustains an industrial injury while in the course and scope of their employment may recover Worker’s compensation benefits from their employer without regard to fault/negligence of either party, there may be circumstances where that employee was injured by the fault/negligence of a “third party”. In such circumstances, the employee… Read More »
SUBPOENA WARS: DISCLOSURE OF EARNINGS RECORDS
During the litigation of a personal injury claim, the issue of earnings/wage loss arises on a routine basis. These types of losses can make up a substantial portion of a case, and it is an area that is thoroughly explored by attorneys on both sides. The attorneys representing the defendants in these cases usually… Read More »
Do You Have To Pay Taxes On A Wrongful Death Settlement?
Unfortunately, a loved one may have an untimely death that is caused by the negligence of a third party. In these cases, Heiting & Irwin assists many families and family members to pursue a “wrongful death” claim. These individuals may receive significant monetary compensation, ranging from thousands to millions of dollars. A common question arises:… Read More »
Is a Request to Preserve Evidence a Section 364 Notice Letter?
Section 364 of the Civil Code reads (in part): (a) No action based upon the health care provider’s professional negligence may be commenced unless the defendant has been given at least 90 days’ prior notice of the intention to commence the action. (b) No particular form of notice is required, but it shall notify the defendant… Read More »
