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Tag Archives: catastrophic injury

Wrongful Death Suit in the Case of Audrie Pott

By Heiting & Irwin |

A wrongful death suit for the death of Audrie Pott appears eminent. For those unfamiliar with the story, Audrie Pott was a 15 year old, female high school student who committed suicide by hanging herself in September of 2012. However, she did not immediately die. She was sustained by life support for several days… Read More »

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Expert Fees May Be Recoverable Even if Multiple 998 Offers Served

By Heiting & Irwin |

Section 998 of the Code of Civil Procedure was enacted to encourage the settlement of lawsuits prior to trial. The statute accomplishes this purpose by providing for augmentation and withholding of the costs recoverable at trial when a party fails to achieve a result better than it could have obtained by accepting an offer… Read More »

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Wrongful Death Suits 101

By Heiting & Irwin |

If you watch courtroom drama television shows and movies, you’ve probably heard the term wrongful death suit tossed around quite a bit. In reality, what is a wrongful death suit? What are all the particulars associated with the term? This article will give you a 101 lesson on wrongful death suits and the important… Read More »

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Distracted driving leads to…distracted flying?

By Heiting & Irwin |

Many people have a fear of flying: up to 40% have “some degree of anxiety about flying,” according to aviation psychologist and organizer of the international fear-of-flying conference Dr. Lucas van Gerwen. Nonetheless, most are reassured by the fact that plane crashes are rare and that flying is statistically safer than driving. However, recent… Read More »

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Increase in Motorcycle Accidents in California

By Heiting & Irwin |

Recently, the California Highway Patrol released a report showing that motorcycle accidents increased by 20 percent from 2010 to 2011. The Hartford Sentinel reports that hundreds of motorcyclists die each year and thousands more are hurt. The California Highway Patrol is asking for the public’s assistance to reduce these numbers. Officials have encouraged motorcyclists… Read More »

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Primary Assumption of the Risk in “Sports” Cases

By Heiting & Irwin |

Since the landmark case, Knight v. Jewett (1992) 3 Cal 4th, 296, it has been held in California that the primary assumption of risk doctrine applies to those whom participate in sports. The Knight case involved a group of friends playing touch football during half time of the 1987 Super Bowl. While jumping up… Read More »

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New Study Finds Drugged Driving More Prevalent than Drunk Driving

By Heiting & Irwin |

The California Office of Traffic Safety recently released results of a survey which found that the number of people driving under the influence of drugs is higher than the number of people driving under the influence of alcohol. The source of this finding is a survey of more than 1,300 motorists, conducted by the… Read More »

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SEVEN MISTAKES YOU CAN AVOID WHEN INJURED ON THE JOB – PART 3

By Heiting & Irwin |

5. IF CONTACTED BY INSURANCE COMPANY – If you are contacted by the insurance carrier (or their investigator) regarding a “statement” that they want to obtain from you – if you are represented, contact your attorney immediately. If you are not represented let the person know that you will be more than willing to… Read More »

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SEVEN MISTAKES YOU CAN AVOID WHEN INJURED ON THE JOB

By Heiting & Irwin |

1. REPORT THE INJURY – If you are injured on the job report your injury. Ask your employer or a DWC1 (claim form). Fill it our and request a copy for your own records. If you work for a small company and you are uncertain if they are insured for work-related injuries or how… Read More »

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WHAT TO DO AFTER A WORK RELATED INJURY

By Heiting & Irwin |

The general and safe response is that all injuries should be handled the same way, however, that methodology may not be practical in the course of your work day. Any injury that causes you to believe that you need the care of a doctor should be reported immediately. The person(s) that is considered your… Read More »

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