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Category Archives: Courts

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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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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SUBPOENA WARS: ENFORCING PRODUCTION

By Heiting & Irwin |

During the litigation of a personal injury claim, an attorney may need to issue a legal document referred to as a “subpoena” if the goal is to require a non-party to the litigation to produce information.  The information sought determines the specific name for the pre-trial subpoena, but they generally either seek someone’s deposition… Read More »

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SUBPOENA WARS: DISCLOSURE OF EARNINGS RECORDS

By Heiting & Irwin |

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 »

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Things Not to Do During a Pending Personal Injury Claim

By Heiting & Irwin |

 You got injured in an accident, and now you want to initiate a claim against the responsible party. The only problem is that you’ve never been involved in a claim, and you aren’t sure how to go about it. By learning about things not to do during a pending personal injury claim, you can… Read More »

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The Importance of Documents and Paper Trails for a Personal Injury Claim

By Heiting & Irwin |

 Getting injured in an accident can be life altering. Even if you only suffered from a minor injury, you could feel residual pain for weeks or months to come. It could affect your work, recreation, and everyday life. At the same time, you could rack up lots of medical debt and lose money from… Read More »

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EVEN UNSUPERVISED ACTS FALL WITHIN MICRA

By Heiting & Irwin |

Yet another blow has been delivered to injured persons and to the legal community as it applies to the non-economic cap of damages in California under the Medical Injury Compensation Reform Act. In February of this year, the California Supreme Court ruled that the State’s cap on non-economic damages applies to losses and damages… Read More »

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CALIFORNIA COURTS HAVE JURISDICTION OVER CONDUCT OCCURRING WITHIN THE STATE

By Heiting & Irwin |

The California Court of Appeals has recently re-affirmed that California courts have proper jurisdiction over actions that occur within the state, regardless of whether the defendants are residents of California. In the matter known as Doe v. Damron, the plaintiff and defendant were residents of the state of Georgia, and had been married there. … Read More »

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VENUE

By Heiting & Irwin |

Venue refers to the county in which the suit is filed.  The purpose behind these rules is to provide some control to a defendant over where the matter is litigated, so as to make it less difficult or less impractical for the party to mount its defense.  The determination of where venue is proper… Read More »

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SUBPOENA PROBLEMS: CUSTODIANS OF RECORD (Part 1)

By Heiting & Irwin |

Subpoenas are a mechanism for obtaining discovery from non-party witnesses or organizations, usually in the form of documents or testimony.  During the course of a personal injury lawsuit, several rounds of subpoenas end up being issued by defense attorneys to obtain the medical and employment records of the plaintiff from medical providers and current… Read More »

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