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Expert Testimony – Proving Causation in a Medical Malpractice Case

By Heiting & Irwin |

The plaintiff must usually rely on expert medical testimony to prove the element of causation in a medical malpractice case unless the issue is clear to even a lay person, e.g., the physicians accidentally amputated the wrong foot, or a pair of surgical scissors is left in the abdomen after an operation. Because of… Read More »

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VERY IMPORTANT THINGS TO KNOW ABOUT YOUR WORKERS’ COMPENSATION CASE (PART 1 )

By Heiting & Irwin |

1) THERE ARE THREE (3) MAIN BENEFITS FOR INJURED WORKERS. a) Temporary Disability – This is a monetary benefit that can be paid as Temporary Partial Disability or Temporary Total Disability.  The most commonly paid benefit is Temporary Total Disability (TTD).  This is a bi-weekly benefit paid to the injured worker – typically paid… Read More »

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Workers’ Compensation Law and the Exclusive Remedy Rule: the Five Exceptions

By Heiting & Irwin |

While the workers’ compensation system provides medical care and disability benefits, injured workers do not get monetary compensation for pain and suffering. Nor does workers’ compensation provide damages for past or future wage loss, loss of earning capacity, or loss of consortium for the spouse of the injured worker. These are significant items of… Read More »

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What Happens When Walkers or Joggers Get Hit by Cars in California?

By Heiting & Irwin |

You, or a loved one, were walking or jogging when you got hit by a car. A car can do irreparable damage to a pedestrian. After the injury (or death) what can be done?  What happens when walkers or joggers get hit by cars? What legal recourse do they have? Fortunately, you can hire… Read More »

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How Long Should I Expect My Personal Injury Case to Last?

By Heiting & Irwin |

You got injured, and you’re considering hiring a personal injury attorney to help you with your claim. You’re also wondering: how long should I expect my personal injury case to last? You don’t want this lawsuit to go on for years and you’re hoping to get back to your life as soon as possible…. Read More »

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What Happens If You Get Into an Off-Road Vehicle Accident?

By Heiting & Irwin |

Off-road and all-terrain vehicles like ATVs, dirtbikes, motorcycles are very popular. They offer riders the thrill of exploring nature and going on rough terrain while offering some level of protection by virtue of being in a vehicle… or so one would think. These vehicles are not always safe, and they can cause a number… Read More »

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Waiver of Liability

By Heiting & Irwin |

With the weather warming up and many people heading outdoors to participate in recreational activities, the subject of liability or responsibility for injury arises. In many activities, one must sign a liability waiver just to participate in the activity. In other activities, particularly spectator situations, a waiver is included in the price of admission… Read More »

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Are the Details of Previous, Similar, Incidents Confidential?

By Heiting & Irwin |

Vehicle Code Section 20012 holds: All required accident reports, and supplemental reports, shall be without prejudice to the individual so reporting and shall be for the confidential use of the Department of Motor Vehicles and the Department of the California Highway Patrol, except that the Department of the California Highway Patrol or the law… Read More »

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Accidents at California Water Parks and Liability

By Heiting & Irwin |

This summer, you’re planning on taking your kids to the water park and your local splash pads and swimming pools. While you’re excited to cool off and have fun with your family, you’re wondering: What happens if you or one of your children gets injured? Who will be responsible? By learning about accidents at… Read More »

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Swimming Pool Gates and Liability in California

By Heiting & Irwin |

Swimming pools can be very dangerous, especially if there are little children around or someone doesn’t know to swim. If someone was recently injured because of, or involving, a swimming pool, you may be wondering about swimming pool gates and other forms of liability. Plus, you want to know whether or not there is… Read More »

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