Recent Blog Posts
Injured Plaintiff not Required to Use Health Insurance
In a minor victory for plaintiffs in California, the Appellate Court for the Second District has ruled that an injured plaintiff who elects not to use an available health insurance plan will be treated as “uninsured” and allowed to present medical billing incurred. In recent years, laws in California have changed such that plaintiff… Read More »
Medical Malpractice, Did The Hospital Breach Its Duty?
One branch of medical malpractice targets hospitals and other medical facilities for breaching the standard of care. Hospitals and other medical facilities have obligations to patients that are different than those owed by physicians. These include, at a minimum, to “provide procedures, policies, facilities, supplies, and qualified personnel reasonably necessary for the treatment of… Read More »
998 Offers
Something that is often encountered in personal injury litigation in California is what is commonly referred to as a “998 Offer.” Clients are constantly surprised by the 998 Offer as many have never heard of it. Code of Civil Procedure § 998 is quite lengthy; however, the part that relates most pertinently to plaintiff’s… Read More »
THINGS YOU SHOULD KNOW ABOUT…. YOUR WORKERS’ COMPENSATION CASE (PART 2)
5. WHAT TO EXPECT AT THE BEGINNING OF YOUR CASE Workers’ Compensation law is complicated. This summary, although over-simplified, is intended to give you an idea of some things to expect at the beginning of your case. You may contact this office for further information. If you get hurt on the job, your employer… Read More »
ATTORNEY-CLIENT PRIVILEGE
This issue of attorney-client privilege is prevalent in the news these days, as federal agents have raided the offices and home of President Trump’s personal lawyer. Much of what was obtained from that search/raid, what can be used, and for what purpose, hinges on the issue of attorney-client privilege, confidentiality and criminal activity. In… Read More »
Cases Involving Amputation Injuries
An amputation requires the “removal of either a severely injured or deceased bodily segment”. Although amputations may happen because of medical conditions such as the implications presented by diabetes, in personal injury cases, the removal of a body part is usually the direct result of a trauma. This can happen in a car accident,… Read More »
The Repercussions of Distracted Driving
Technology developments are causing major problems for motorists everywhere, which is typically not the intended purpose when a new system or software is rolled out. In just the few instants it takes to look over a text message, vehicle-installed touch screen devices or even using a GPS, motorists enter the so-called distracted driving zone…. Read More »
LEARNING TO LISTEN “RIGHT”
Part of the work that we do on Heiting & Irwin’s Workers’ Compensation team includes helping the injured worker understand the steps involved in the process of the ever-changing Workers’ Compensation system. As I pass my 21st year working as a Worker’s Compensation paralegal, I realize one of the most important skills I have… Read More »
UBER VS. PEDESTRIAN – THE ASSAULT BY ROBOT VEHICLES BEGINS….
The news that an Uber self-driving car had killed an Arizona pedestrian raises a few important areas of inquiry for purposes of personal injury matters. There are multiple different factors involved in determining the cause of an injury or death in a civil lawsuit. Reports indicate the vehicle was in autonomous mode at the… Read More »
MARIJUANA & OPERATION OF VEHICLES IN CALIFORNIA
Effective January 1, 2018, many new laws have come into effect in the State of California. In the practice of personal injury litigation, attorneys deal with not only issues of liability, causation and damages, but also peripheral issues including the laws of driving under the influence. It is common knowledge of the illegality of… Read More »
