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WRONGFUL DEATH DAMAGES

WRONGFUL DEATH DAMAGES

By Heiting & Irwin |

A “wrongful death” cause of action is a “‘statutory claim that compensates specified heirs of the decedent for losses suffered as a result of a decedent’s death.’ Although each heir has a ‘personal and separate’ claim, the wrongful death statutes ordinarily require joint litigation of the heirs’ claims in order to prevent a series… Read More »

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What Duty Does a Bar Have to its Patrons After They Leave the Premises?

By Heiting & Irwin |

This was primarily the question taken up in the recent case, Glynn v. Orange Circle Lounge, Inc. (2023) 2023 Cal App LEXIS 756. The plaintiff, Nicholas, and his friends were patrons at the defendant’s bar.  At around 12:15 a.m. on July 29, 2018, a fight broke out between Nicholas and several other patrons of… Read More »

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Uninsured Motorist / Underinsured Motorist Coverage in California

By Heiting & Irwin |

What is this coverage? Uninsured motorist (UM) coverage provides bodily injury coverage if the at fault party does not have coverage.  For example, another vehicle runs a red light and hits you while you are legally proceeding through an intersection.  The red-light runner in this example does not have insurance.  Typically, you’re out of… Read More »

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CEREBRAL PALSY AND CALIFORNIA LAWYERS

By Heiting & Irwin |

Cerebral palsy (CP) is a movement disorder that affects coordination. CP is the most common motor disability in children. CP may or may not result in intellectual impairments. CP is caused by abnormal brain development or damage to the developing brain that affects a person’s ability to control his movements.   “Palsy” means weakness or… Read More »

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Truck Accident Interrogatories

Truck Accident Interrogatories

By Heiting & Irwin |

The term “interrogatory” stems from the Latin verb “interrogare,” which means “to ask.” In basic terms, interrogatories are questions that parties ask each other during lawsuits. For example, those approaching truck accident lawsuits may need to either submit or answer interrogatories as they pursue compensation for their injuries. Plaintiffs can establish a more complete… Read More »

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CATASTROPHIC INJURY CASE REQUIRE SPECIAL HANDLING

By Heiting & Irwin |

If you, a family member, friend or acquaintance have sustained catastrophic injuries on the job, or if you know of someone who has suffered such an unfortunate fate, you should consult with an experienced Worker’s Compensation attorney who, has handled many such cases. By catastrophic injuries, I am typically referring to an extremely serious,… Read More »

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WHAT IS “INFORMED CONSENT”?

By Heiting & Irwin |

The patient must receive “sufficient information to make a meaningful decision” about their healthcare (Cobbs v. Grant (1972) 8 Cal.3d 299). When a doctor recommends a particular procedure, then he or she must disclose to their patient all material information necessary to the decision to undergo the procedure, including a reasonable explanation of the… Read More »

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PRE-JUDGMENT INTEREST

By Heiting & Irwin |

Did you know that the law provides for an award of pre-judgment interest in a personal injury lawsuit?  California’s Civil Code, Section 3288 provides that “[i]n an action for the breach of an obligation not arising from contract, and in every case of oppression, fraud, or malice, interest may be given, in the discretion… Read More »

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Things to Know in Personal Injury Cases

Things to Know in Personal Injury Cases (in no Particular Order)

By Heiting & Irwin |

Review the Statute of Limitations The statute of limitations is a time limit that usually begins at the date of injury; but alternatively, the time limit may vary, depending on circumstances. For example, according to the Judicial Branch of California, the statute of limitations for most personal injury cases is two years; however, it… Read More »

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Car Accidents Resulting From Someone Driving Under The Influence Of Drugs

Car Accidents Resulting From Someone Driving Under The Influence Of Drugs

By Heiting & Irwin |

The dangers of driving under the influence of drugs or alcohol are well-known. But unfortunately, each day countless motorists still choose to drive while high or drunk. This reckless decision endangers not only the driver, but any other motorists, pedestrians, or cyclists that the driver encounters on the road. When an intoxicated driver causes… Read More »

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