Tag Archives: injury
Injured on the Job? File for State Disability Benefits!
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 »
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 »
RIGHT TO EMERGENCY MEDICAL CARE
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 »
Injuries to Pets – Accountability for Intentional Harm to Animals
The matter of Kimes v. Grosser deals with a cat owner’s ability to sue for vet bills to keep his cat, Pumkin, alive after being shot by a neighbor. Kimes v. Grosser (2011) 195 Cal. App. 4th 1556. The Plaintiff, Kevin Kimes, adopted a stray cat, who he named Pumkin. While perched on a… Read More »
The Howell Decision: Is it Worse for Plaintiffs than MICRA?
The Medical Injury Compensation Reform Act (MICRA) was passed in 1975 and limits non-economic damages (pain, suffering and death of a loved one) in California medical malpractice cases to $250,000.00. Prior to December 1975, juries were free to weigh all evidence and award an amount of non-economic damages appropriate for the injury to the… Read More »
It is GPS Monitoring, not GPS Tracking
“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 »
Hazardous Recreational Activities
Imagine yourself on your day off, participating in your favorite recreational activity, on public property. Whether it’s mountain biking, kayaking, off-road motorcycling/four-wheeling, surfing, or water skiing, what is your recourse should you sustain an injury by participating in that activity? Generally speaking, the Government Code of the State of California provides that neither a… Read More »
Are your kids safe at school if the school hires a pedophile?
According to the California Constitution, all students and staff of public schools have the inalienable right to attend campuses that are safe, secure, and peaceful. Cal. Const. Art. I, Section 28(c). All school districts must comply with this requirement, and are prohibited from taking official actions that violate or contravene its provisions. But is… Read More »
James Heiting interviewed regarding recent article in National Law Journal
James Otto Heiting was recently interviewed regarding the article which was published in the National Law Journal. Click here to see/hear the interview.
