Category Archives: litigation
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 »
When Failing to Render Aid can be Considered Negligence
Imagine that you are involved in a car wreck in Riverside or elsewhere in California. The crash was not a result of any negligence or carelessness on your part; rather, the other driver carelessly drove into your lane of travel and hit your vehicle head-on. You yourself are (miraculously) not injured; as you exit… Read More »
Suing the Good Samaritan: When Good Intentions Cause Serious Harm
California and many other states have enacted so-called “Good Samaritan” laws (named after the biblical story of the good Samaritan). These laws were all enacted with a noble purpose: To encourage individuals to come to the aid of their fellow citizen in distress. These laws act to provide legal protection from suit for a… Read More »
Default Judgments: What are They and How Common are They?
There is more than one way to prevail in your California personal injury lawsuit. Of course, you will prevail and be awarded monetary damages if your case proceeds to trial before a judge and/or jury and the factfinder determines that the defendant(s) in your case were, in fact, at fault in causing damages in… Read More »
Can You Get a New Personal Injury Trial Based on New Evidence?
Consider the following situation: You and your loved one are traveling in a car when another driver slams into you. You and your loved one are injured and receive medical treatment from the local emergency room. You both incur medical expenses, lost wages, and other losses and as a result, you and your loved… Read More »
Escaping from a Mandatory Arbitration Clause
Businesses like arbitration clauses. Whenever a business contracts with a customer (and especially when the business’s legal exposure is potentially high), chances are the business’s contract includes a provision requiring the customer to submit any claims or disputes it may have with the business to arbitration. In some cases, this arbitration is characterized… Read More »
Will Your Fourth of July End With a Lawsuit?
There is nothing as synonymous with July 4th as fireworks, and nothing as synonymous with fireworks as catastrophic injury accidents. Each year, hundreds of individuals in California visit emergency rooms across the state because of one or more fireworks-related injuries, such as: Severe burn injuries; Loss of eye or other disfiguring injuries; Cuts and… Read More »
Is California a “Fault” State for Car Insurance Purposes?
When a California car crash occurs, which driver’s insurance pay for the damages? This is a fundamental question that many car crash injury victims have in the aftermath of a collision. After all, identifying the proper insurance company with which to file a claim, or identifying the party who may be responsible for paying… Read More »
WHAT IS IUD LITIGATION?
The serious, dire warnings of the television commercials soliciting callers for “IUD” litigation and “Mirena lawsuits” are unavoidable. But what is an “IUD” and what is the litigation about? The phrase “IUD”, as it is commonly used, is an abbreviation for “intra-uterine device”, a type of birth control method where a small piece of… Read More »
ASBESTOS – AN OLD ENEMY STILL EXISTS!
For years, many individuals in our workforce worked around or in buildings where asbestos or asbestos products were present. This exposure was often associated with the construction industry – such that builders, electricians, plumbers, pipe-fitters, insulation installers were often exposed to asbestos. And, this is just the short list. In certain tragic cases, this… Read More »
