Tag Archives: damages
Did your new small SUV pass the latest crash test?
If you look at California’s roads today, you’ll likely notice that small SUVs are becoming a popular vehicle of choice for many drivers. Currently, four crossover models are among the industry’s top twenty selling vehicles, according to a recent Forbes article. As an attorney with safety in mind, I feel you should be informed… Read More »
Expert Fees May Be Recoverable Even if Multiple 998 Offers Served
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 »
Beware of flooded cars
If you are looking to buy a used car, you likely already know to be wary of purchasing used cars that have been in an accident. While most cars have been in a small fender-bender at some point or another, a car that has been in a serious accident could develop grave problems down… Read More »
ARE LAWSUIT SETTLEMENTS TAXABLE?
The simple answer to the question regarding the tax consequences of a settlement claim is it all depends on the nature of the settlement! Generally speaking, settlement money received from cases involving personal physical injury or physical sickness can be excluded from taxation (IRS Code sect. 104(a)(2)). Certain other types of settlement awards, (considering… Read More »
IS THE EMPLOYER RESPONSIBLE FOR INJURIES THAT OCCUR ON THE WAY TO OR FROM A MEDICAL APPOINTMENT?
An employer bears the risk of incurring compensability liability under the California Workers’ Compensation Act for an injury suffered in route to or from a medical appointment related to an existing compensable injury. If an employee suffers a new injury while traveling a reasonable distance, to or from a medical appointment for an existing… Read More »
NOT IN MY CAR: WHY THE REPAIR SHOP WILL BE LIABLE FOR A JOY RIDE
A coffee-run to my local Starbucks (Brockton and Arlington) prompted my last article about the liability of an automotive repair or service shop for damage to a vehicle left in its care. Since posting my last article, I am happy to report that I have not seen any other mechanics using customer’s cars to… Read More »
NOT IN MY CAR: Why the Test Drive Should be Limited to Testing
One recent morning while leaving my local Starbucks drive-thru, I waited while two men wearing mechanic uniforms crossed the parking lot to what I assumed was their vehicle. I thought nothing more of this until, several days later, I saw the same men, again clad in uniforms, only this time walking to a different… Read More »
BEWARE OF EXCLUSIONS IN AUTOMOBILE INSURANCE POLICIES
Heiting & Irwin My office was recently contacted by a young woman on a clear liability, rear-end automobile accident. She was driving “her” vehicle (one of many insured by the family) and she assumed she was an insured driver. Wanting to immediately obtain a replacement vehicle (rental car) she contacted “her” insurance company, only… Read More »
KNOW YOUR LIMITATIONS
Heiting & Irwin “Statutes of Limitations” are the laws which place a time limit upon the length of time one has to file a lawsuit, whether it be a civil complaint or the prosecution of someone for committing a crime. The time limits vary depending upon the nature of the claim or the crime… Read More »
What Factors Determine Noneconomic Damages in Personal Injury Cases?
Recently, I was asked by a reporter, “what factors determine noneconomic damages in personal injury cases?” Noneconomic damages are individualized and not subject to formula and standardization, especially for larger cases. Damages are dependent on the circumstances and apparent motivations of the individuals involved. The jury will evaluate these factors in developing their impressions… Read More »
