Recent Blog Posts
FURTHER IMPORTANT PRESUMPTION COMPENSABILITY
As a follow-up to our previous Specific Presumption of Injury blog, here are additional circumstances that result in a presumption of industrial injury for the conditions set out herein below: (a) PNEUMONIA Certain members of fire departments, including the Department of Forestry and Fire Protection, whose duties require firefighting (L.C. 3212); Officers of the… Read More »
MICRA DOES NOT APPLY TO A WRONGFUL DEATH CAUSED BY ELDER ABUSE
On May 23, 2022, Governor Gavin Newsom signed AB35, legislation to modernize the system for awarding damages in medical malpractice cases in California. The new legislation makes significant changes to the Medical Injury Compensation Reform Act (MICRA). MICRA’s cap on non-economic damages for wrongful death has been raised from $250,000.00 to $500,000.00, but if… Read More »
What To Do: Persistent Neck Pain After Car Accident
After a car accident, a victim can continue to suffer from persistent neck pain. Also sometimes called whiplash, according to the National Institute of Neurological Disorders and Stroke, this condition involves multiple symptoms. These can include neck pain, neck stiffness, back or shoulder pain, dizziness, or headaches and are present after damage to the… Read More »
The Importance of Expert Witnesses
Expert witnesses can be relevant in many types of lawsuits, but they can be especially important in motor vehicle accident cases. The testimony of an expert witness can demonstrate that the victim’s positions contending the accident and resulting injuries are accurate. In addition, they can effectively provide answers to difficult questions the jury may… Read More »
HAVE YOU LOOKED AT THIRD PARTY LIABILITY?
Although an injured employee who sustains an industrial injury while in the course and scope of their employment may recover Worker’s compensation benefits from their employer without regard to fault/negligence of either party, there may be circumstances where that employee was injured by the fault/negligence of a “third party”. In such circumstances, the employee… Read More »
SUBPOENA WARS: DISCLOSURE OF EARNINGS RECORDS
During the litigation of a personal injury claim, the issue of earnings/wage loss arises on a routine basis. These types of losses can make up a substantial portion of a case, and it is an area that is thoroughly explored by attorneys on both sides. The attorneys representing the defendants in these cases usually… Read More »
Do You Have To Pay Taxes On A Wrongful Death Settlement?
Unfortunately, a loved one may have an untimely death that is caused by the negligence of a third party. In these cases, Heiting & Irwin assists many families and family members to pursue a “wrongful death” claim. These individuals may receive significant monetary compensation, ranging from thousands to millions of dollars. A common question arises:… Read More »
Is a Request to Preserve Evidence a Section 364 Notice Letter?
Section 364 of the Civil Code reads (in part): (a) No action based upon the health care provider’s professional negligence may be commenced unless the defendant has been given at least 90 days’ prior notice of the intention to commence the action. (b) No particular form of notice is required, but it shall notify the defendant… Read More »
Car Accidents Involving Elderly Drivers
As more people are living longer, the number of elderly drivers on the road is increasing. Many elderly people enjoy driving as a way of maintaining their independence. However, studies indicate that elderly drivers do present greater risk factors than their younger counterparts, creating significant concern in some insurance carriers over car accidents involving… Read More »
ACCESS TO MEDICAL RECORDS IN CALIFORNIA NURSING HOMES IS A RIGHT
Are you having difficulty getting your records from a nursing home? The patient and/or his/her relatives, in appropriate situations, have rights to inspect and copy their nursing home records. Knowing these rights will help you obtain the medical records. Residents of nursing homes have the right to inspect their medical records within 24 hours… Read More »
