Recent Blog Posts
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 »
Car Accidents Involving Elderly Drivers
As more people are living longer, the number of elderly drivers on the road is increasing. Many elderly people enjoy driving as a way of maintaining their independence. However, studies indicate that elderly drivers do present greater risk factors than their younger counterparts, creating significant concern in some insurance carriers over car accidents involving… Read More »
ACCESS TO MEDICAL RECORDS IN CALIFORNIA NURSING HOMES IS A RIGHT
Are you having difficulty getting your records from a nursing home? The patient and/or his/her relatives, in appropriate situations, have rights to inspect and copy their nursing home records. Knowing these rights will help you obtain the medical records. Residents of nursing homes have the right to inspect their medical records within 24 hours… Read More »
What is the Discovery Rule?
The discovery rule is a type of equitable tolling of the statute of limitations. If plaintiff did not know of facts that would have caused a reasonable person to suspect that he or she had suffered harm that was caused by someone else’s wrongful conduct; or a reasonable (good faith) investigation would not have… 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 »
Questions To Ask Before You Hire A Personal Injury Attorney
When considering filing a personal injury claim, it is important for prospective clients to select an appropriate attorney. Doing this typically involves asking various questions to determine the lawyer’s costs, experience, and likely commitment levels, which can help manage client expectations. Discover the questions to ask before you hire a personal injury attorney and… Read More »
Car Accidents And DashCams
A dashcam is a small digital recording device you can mount on the dashboard or windshield to record the view in front of the vehicle continuously. Most of the cameras begin recording automatically when the automobile is running. They also start recording after specific events trigger the dashcam. While the basic models focus on… Read More »
