Category Archives: Personal Injury
Uninsured Motorist / Underinsured Motorist Coverage in California
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 »
CEREBRAL PALSY AND CALIFORNIA LAWYERS
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 »
WHAT IS “INFORMED CONSENT”?
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 »
Things to Know in Personal Injury Cases (in no Particular Order)
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 »
The Long-Term Effects of Car Accidents
According to the National Safety Council, there are 282.4 million vehicles and 228 million licensed drivers in the United States. While driving has become significantly safer since cars first hit the roads, many still experience crashes resulting in significant injury(ies) and long-term effects. If you have been injured in a car accident, you should… Read More »
WHAT MAKES SCREENING & INVESTIGATION OF MEDICAL MALPRACTICE CASES SO DIFFICULT?
WHAT MAKES SCREENING & INVESTIGATION OF MEDICAL MALPRACTICE CASES SO DIFFICULT? Answer: The complexity of these cases, the cost of preparing and litigating these cases, the high risk of no recovery, and the clients’ personal attachment to the case. Generally, the first steps include gathering relevant information and all medical records, conduct appropriate… Read More »
Does Primary Assumption of the Risk Apply to a Mandatory Physical Education Class?
Does Primary Assumption of the Risk Apply to a Mandatory Physical Education Class? This was the question taken up by the Second District Court of Appeal in the case of Nigel B. v. Burbank Unified School District (2023) 2023 Cal. App. LEXIS 506. As a quick reminder, the primary assumption of the risk doctrine… Read More »
Mass Torts
A mass tort is an act or omission that harms numerous people. Examples are explosions, commercial plane crashes, water contamination due to toxic waste or pollution from industrial factories. Mass torts are not single cases, but rather, groupings of individual lawsuits alleging the same issues against the same defendant. Federal courts use multidistrict litigation… Read More »
Is an Apartment Owner Liable for a Tenant who Falls While Trying to Climb Onto Their Balcony?
A tenant locked himself out of his apartment. Because of the hour, he could not get assistant from the managers of the building and decided to find his own, creative, way into the apartment. He took the stairs to the roof of the building and attempted to drop from the roof to his top… Read More »
Do Pedestrians Have The Right Of Way?
Pedestrian accidents can have serious consequences for drivers and pedestrians involved. By understanding California’s rules about pedestrians, drivers can help curb the frequency of pedestrian-involved crashes. The experienced legal team at Heiting & Irwin can help you answer the question, “Do pedestrians have the right of way?” Call 951-682-6400 to schedule a consultation. Who… Read More »