Recent Blog Posts
Medi-Cal Liens and the case of Martinez v. Department of Healthcare Services
Let’s discuss Medi-Cal liens and the case of Martinez v. Dept. of Healthcare Services 2017 Cal App. Lexis 1167. Mr. Martinez filed a negligence action and ultimately settled it for $150,000.00. The settlement did not apportion the $150,000 among medical expenses and other damages. After settlement, Martinez attempted to negotiate his Medi-Cal lien with… Read More »
What to do When the Liable Driver Does Not Have Insurance
*Updated June, 2022 When two vehicles are involved in a car accident, it is common practice for the responsible party’s insurance company to pay for damages, including property damage, medical expenses, and any other damages that stem from acquired injuries. However, according to CarInsurance.com, one in eight drivers is uninsured, with rates ranging from… Read More »
CALIFORNIA PENALIZES HOSPITALS STATEWIDE
The California Department of Public Health has recently issued fines and penalties against nine California hospitals. The fines, totaling $549,555, arose from 10 reports of negligence occurring from 2014 to 2017. The hospitals fined include: Santa Barbara Cottage Hospital in Santa Barbara; Palmdale Regional Medical Center in Palmdale; Doctors Medical Center in Modesto; Methodist… Read More »
Can You be Fired for Filing a Workers’ Compensation Claim?
Employees in California are entitled to compensation if they are injured on the job, and more importantly, they have the right to file a workers’ compensation claim without fear of retaliation. Unfortunately, however, there are several employers out there who take workers’ compensation claims personally and who may attempt to fire an injured worker… Read More »
Attorney Serrano Selected as Super Lawyers Southern California Rising Star 2018
Attorney Jean-Simon Serrano, attorney at Heiting & Irwin and current Past Riverside County Bar Association President, has recently been selected as a 2018 Southern California Super Lawyers Rising Star. This is a designation that only 2.5% of attorneys in Southern California have achieved. Mr. Serrano has earned this distinction every year since 2012. Jean-Simon Serrano… Read More »
Calculating Settlement Awards for Burn Injuries
Like all injuries, burn injuries can range in severity from slight and temporary to severe and permanent. Though most burn injuries result in scarring, the more serious wounds cause permanent disfigurement, loss of function and mobility, and nerve damage. Some burns, depending on the location and how long after the incident they were treated,… Read More »
Big Rig Driver Charged With Manslaughter and Gross Negligence After Causing “Deadliest Crash in California in Decades”
Last October, a tour bus load of people was heading home to Los Angeles on Route 10 after spending a night at the casino located near the Salton Sea, southeast of San Diego. Most passengers, tired from a night of gambling, had fallen asleep. However, they were rudely awakened shortly before dawn to screams… Read More »
Major Changes in the State Bar of California
The California State Bar was created by the California Legislature in 1927 when they enacted the State Bar Act.1 The State Bar of California is a public corporation (not an association), formed to fix qualifications for the admission to practice, adopt rules of professional conduct, and conduct disciplinary proceedings (all with the approval of… Read More »
SEXUAL HARASSMENT IN CALIFORNIA
Everywhere you read, there are new and ongoing claims of sexual harassment throughout the United States. Sexual harassment in the State of California is defined in Civil Code, Section 51.9, providing the various elements to assert and prove a cause of action for sexual harassment. California Civil Code §51.9 states as follows: “(a) … Read More »
Who Can Survive On Permanent Disability Benefits Paid By Workers’ Compensation?
Be prepared! Get your finances in order! In California, if you are injured on the job and a physician takes you out of work as “temporarily totally disabled”, you will receive two-thirds of your wage up to the prevailing state maximum, depending on your date of injury. This after equates to exactly two-thirds of… Read More »
