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Is California a “Fault” State for Car Insurance Purposes?

By Heiting & Irwin |

When a California car crash occurs, which driver’s insurance pay for the damages? This is a fundamental question that many car crash injury victims have in the aftermath of a collision. After all, identifying the proper insurance company with which to file a claim, or identifying the party who may be responsible for paying… Read More »

Will My Personal Injury Case Settle?

By Heiting & Irwin |

Although television shows and movies glorify dramatic “courtroom battles” between attorneys, the truth is that many personal injury cases are not litigated at all. Instead, it is common for many cases to settle out of court. Settlement agreements usually present both sides of a dispute with advantages over proceeding to a trial before a… Read More »

What is Comparative Negligence?

By Heiting & Irwin |

California follows what is known as a “pure” comparative fault standard. That allows a plaintiff to recover damages after his or her percentage of fault has been deducted, from the total percentage of fault, of one-hundred percent (100%). Plaintiff can recover damages in the percentage of fault attributable to the defendant’s negligent conduct. The… Read More »

Are Legal Aid Groups at Risk?

By Heiting & Irwin |

There are currently (at least) two factors that could put legal aid groups in our State at risk for decreased funding. On the Federal side, President Donald J. Trump appears to have eliminated annual grants for the 11 legal aid non-profit recipients in California in his proposed draft budget for 2018. $43.6 million dollars… Read More »

Workers’ Comp Needs Changes

By Heiting & Irwin |

I, personally, do not practice in the area of workers’ compensation. Richard Irwin, of Heiting & Irwin, however, is certified specialist in workers’ compensation for the last 20 plus years. I get to see how hard he works for his clients and how frustrating the workers’ compensation system can be. I’ve been following the… Read More »

Representation May End Upon Filing of Motion to Withdraw… but not always

By Heiting & Irwin |

When does representation of a client end? Does it end with your client being dismissed from the lawsuit? Does it end when your client receives their settlement check or when you receive your last check for fees? What about for purposes of malpractice? The statute of limitations for legal malpractice is set out in… Read More »

Time Limits To Make A Claim Can Be Critical

By Heiting & Irwin |

If a person has been injured (or killed) due to the negligence of another, there are strict time limits that must be met in order to perfect or pursue a claim. Many people think that they will wait to see how things develop and stabilize before doing anything. This can be a serious mistake…. Read More »

The Significance of Being Paid “Under the Table” in Personal Injury Cases

By Heiting & Irwin |

One of the elements of damages in a personal injury or wrongful death case is loss of earnings or loss of earning capacity. This is usually proved by a history of earnings, and education and training that would give a jury reasonable basis on which to analyze and project loss of earnings. When somebody… Read More »

We Need More Judges

By Heiting & Irwin |

  The California Judicial Council, the body that oversees the courts in our state, reported in October, 2016, that San Bernardino County was 48 judges short of their studied need. Riverside County was just behind at about 47. That means that, between the two counties, we are approximately 95 judges short of what we… Read More »

Ruminations of an Injury Attorney – Part 2

By Heiting & Irwin |

The Shoulda, Woulda, Coulda of Auto Insurance Coverage As discussed in Part 1, I am a frequent witness to the displeasure and disappointment of our personal injury clients when they learn the hard way that they do not have the automobile insurance coverage they believed or desired.  Once the accident or other covered event… Read More »

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