Category Archives: Personal Injury
Negligent Infliction of Emotional Distress from Hearing a Loved One Get Injured Over the Phone?
Imagine you’re on the phone with your daughter as she is driving to make an appointment with a realtor. You know the route she is driving because she’s asking you for directions. She approaches an intersection where she needs to make a left hand turn. Traffic coming from the left and right do not… Read More »
How To Handle An Out-Of-State Car Accident
According to The National Safety Council, there were 5.4 million medically consulted injuries in 2021 due to motor-vehicle accidents. While experiencing a car accident is difficult enough, getting into an out-of-state car accident only compounds the stress. Drivers and passengers may be confused about how to proceed; they may be unaware of their legal… Read More »
Scooter Rental Company Liable for Location of Discarded Rental Scooter?
In the recent case, Hacala v. Bird Rides, Inc. 2023 Cal. App. LEXIS 270, the Court of Appeal was asked to answer the following question: Is Bird, a scooter rental company, liable for the location of its discarded rental scooter? The case involved a company named Bird Rides, Inc. For the unfamiliar, the Court… Read More »
SUBPOENA WARS: ENFORCING PRODUCTION
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 »
What Drivers Need To Know About Reducing Risks Of Animal Car Accidents
As winter gives way to spring, animals may emerge and appear more frequently on California’s roadways. Drivers can limit the potential for animal car accidents by taking steps such as limiting their speed and being vigilant about their surroundings. If you experience a car accident, contact the California attorneys at Heiting & Irwin by… Read More »
MICRA DOES NOT APPLY TO A WRONGFUL DEATH CAUSED BY ELDER ABUSE
On May 23, 2022, Governor Gavin Newsom signed AB35, legislation to modernize the system for awarding damages in medical malpractice cases in California. The new legislation makes significant changes to the Medical Injury Compensation Reform Act (MICRA). MICRA’s cap on non-economic damages for wrongful death has been raised from $250,000.00 to $500,000.00, but if… Read More »
What To Do: Persistent Neck Pain After Car Accident
After a car accident, a victim can continue to suffer from persistent neck pain. Also sometimes called whiplash, according to the National Institute of Neurological Disorders and Stroke, this condition involves multiple symptoms. These can include neck pain, neck stiffness, back or shoulder pain, dizziness, or headaches and are present after damage to the… Read More »
The Importance of Expert Witnesses
Expert witnesses can be relevant in many types of lawsuits, but they can be especially important in motor vehicle accident cases. The testimony of an expert witness can demonstrate that the victim’s positions contending the accident and resulting injuries are accurate. In addition, they can effectively provide answers to difficult questions the jury may… Read More »
Is a Request to Preserve Evidence a Section 364 Notice Letter?
Section 364 of the Civil Code reads (in part): (a) No action based upon the health care provider’s professional negligence may be commenced unless the defendant has been given at least 90 days’ prior notice of the intention to commence the action. (b) No particular form of notice is required, but it shall notify the defendant… Read More »
Car Accidents Involving Elderly Drivers
As more people are living longer, the number of elderly drivers on the road is increasing. Many elderly people enjoy driving as a way of maintaining their independence. However, studies indicate that elderly drivers do present greater risk factors than their younger counterparts, creating significant concern in some insurance carriers over car accidents involving… Read More »