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Tag Archives: Injury Attorney

VIRTUAL PRESENCE NOT SUFFICIENT BASIS FOR LIABILITY

By Heiting & Irwin |

The sender of a text message was granted summary judgment against plaintiffs in a New Jersey personal injury action in which the recipient, while reading that text message, sideswiped the motorcycle driven by the plaintiffs. The plaintiffs, a husband and wife who both lost their left leg in the collision, named both the driver… Read More »

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The Duty to Disclose STDs — The One that Never Goes Away

By Heiting & Irwin |

In a recent local case [Behr v. Redmond, (2011) 193 Cal. App. 4th 517], the plaintiff sued the defendant for damages arising from the alleged tortious transmission of genital herpes. Essentially, the plaintiff alleged that the defendant committed fraud when he misrepresented to her that he was free of STDs, knowing this to be… Read More »

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WHEN TO REFORM TORT REFORM

By Heiting & Irwin |

Reform. A positive-sounding word connoting improvement and enhancement, Webster’s defines “reform” as “an amendment of what is defective, vicious, corrupt, or depraved; a removal or correction.” However, you can have too much of a good thing, and unfortunately, tort reform supporters don’t often realize the negative effect their efforts may have upon the lives… Read More »

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YOUR RIGHT TO COUNSEL in CIVIL PROCEEDINGS

By Heiting & Irwin |

Heiting & Irwin You have likely heard or read on multiple occasions, the expression “you have the right to speak to an attorney. If you cannot afford an attorney, one will be appointed for you…” (known as the Miranda warning). These are some of the rights of an individual charged with a crime. Criminals,… Read More »

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Injured on the Job? File for State Disability Benefits!

By Heiting & Irwin |

For the majority of the California Workers’ Compensation injury claims there is now a 104 week limit for temporary total disability – compensation payments made to an injured worker while unable to work because of the injury. This benefit is paid based upon two-thirds of an employees’ average weekly wage (up to certain state… Read More »

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Jean-Simon Serrano named a 2012 Southern California Rising Star by Super Lawyers

By Heiting & Irwin |

Jean-Simon Serrano has been named to the Super Lawyers’ 2012 Southern California Rising Stars list, an honor awarded to no more than two and a half percent of attorneys in Southern California each year. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who… Read More »

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KNOW YOUR LIMITATIONS

By Heiting & Irwin |

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 »

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The Benefits of a Large Auto Insurance Policy

By Heiting & Irwin |

If you own and drive a car in California, not only does the law require that you have auto insurance, it is also a good idea. Technically, the law doesn’t require you to have an auto insurance policy. In fact, as an alternative to insurance, one can post with the DMV a thirty-five thousand… Read More »

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RIGHT TO EMERGENCY MEDICAL CARE

By Heiting & Irwin |

Regardless of your insurance status, you are eligible to receive emergency medical care within the State of California. You have the right to receive emergency care at any licensed facility with an emergency room. You have the right to be treated until your emergency medical condition is stabilized when you go to a hospital… Read More »

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It is GPS Monitoring, not GPS Tracking

By Heiting & Irwin |

“Wow…thank you. I didn’t realize GPS would be so interesting.” That was the most repeated comment by attendees at the last meeting of the Riverside County Barristers Association after Petra Fuhriman co-owner of GPS Monitoring Solutions explained the difference between tracking and real-time, 24/7 GPS monitoring. Although it was the second meeting of the… Read More »

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