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Tag Archives: catastrophic injury

James Heiting interviewed regarding recent article in National Law Journal

By Heiting & Irwin |

James Otto Heiting was recently interviewed regarding the article which was published in the National Law Journal. Click here to see/hear the interview.

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California Supreme Court Finds Liability for Tractor-Trailer Parked Along Freeway

By Heiting & Irwin |

On February 28, 2011, the California Supreme Court decided the case of Cabral v. Ralphs Grocery Co. (Docket No. S178799). This is another case revolving around a deadly motor vehicle accident in which a tractor-trailer was involved. See my previous article here: In Cabral, Plaintiff’s husband, the decedent, was driving his pickup truck home… Read More »

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New California Case Holds Tractor-Trailer Drivers to Higher Standard

By Heiting & Irwin |

The California Court of Appeal for the First District (which includes San Francisco and neighboring areas), recently decided a case, [Lawson v. Safeway Inc., (2010) 191 Cal. App. 4th 400] holding drivers of tractor trailers to a higher standard than some other motorists. In the Lawson case, the plaintiffs were the driver of a… Read More »

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What You May Not Know: 998 Offers

By Heiting & Irwin |

Something that is often encountered in personal injury litigation in California is what is commonly referred to as a “998 Offer.” Clients are constantly surprised by the 998 Offer as many have never heard of it. Code of Civil Procedure § 998 is quite lengthy; however, the part that relates most pertinently to plaintiff’s… Read More »

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PROTECTING A LITIGANT’S RIGHT TO PRIVACY

By Heiting & Irwin |

In today’s modern social environment, it has become increasingly important to manage one’s personal and private information in order to protect against identity theft, fraud, and the like. As participants in a lawsuit, plaintiffs and defendants alike are often required to disclose a great deal of personal information, including financial and medical documents, identification… Read More »

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PROTECTING YOURSELF WITH UM/UIM COVERAGE

By Heiting & Irwin |

California requires all motor vehicle operators to maintain liability insurance with limits of at least $15,000. What happens if your injuries in an auto accident exceed that coverage? Uninsured and underinsured motorist (UM/UIM) policies may help. They provide coverage for you, in case you are in an accident caused by a driver with no… Read More »

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California’s Good Samaritan Law – Liability for Rendering Emergency Care

By Heiting & Irwin |

California has codified, in Health & Safety Code § 1799.102, what is sometimes referred to as a “Good Samaritan” Law. Prior to August 2009, this Section stated: “No person who in good faith, and not for compensation, renders emergency medical care at the scene of an emergency shall be liable for any civil damages… Read More »

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Statute of Limitations – Wrongful Death

By Heiting & Irwin |

According to state law, a wrongful death action is a cause of action for the death of a person caused by the wrongful act or neglect of another. Such a cause of action can be brought by only a limited number of people having some type of relationship to the person that died. The… Read More »

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What do I do after an accident?

By Heiting & Irwin |

-Assess your health and the health of anyone else involved in the accident. If any injuries appear to be serious, you should arrange for medical care immediately (dial 911). -Remain calm and non-confrontational. Getting into an argument with the other driver, eyewitnesses, or medical personnel will not help the situation in any way. -Get… Read More »

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Insurance Adjuster Wants a Recorded Statement

By Heiting & Irwin |

After a car accident or truck accident, a common question our office hears is whether an accident victim should give a recorded statement to the other driver’s insurance company. Our advice is that the victim should politely decline to give a recorded statement. The insurance company will place you under a lot of pressure… Read More »

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