Tag Archives: insurance
SHOULD SETTLEMENTS BE CONFIDENTIAL?
Heiting & Irwin You have sustained an injury or some form of damage, filed and prosecuted your Complaint, and have now reached a settlement with the adverse party. Upon receipt of the Settlement Agreement and Release, the defendant requests that the settlement be deemed confidential, that the nature of the settlement, its terms, and… Read More »
VIRTUAL PRESENCE NOT SUFFICIENT BASIS FOR LIABILITY
The sender of a text message was granted summary judgment against plaintiffs in a New Jersey personal injury action in which the recipient, while reading that text message, sideswiped the motorcycle driven by the plaintiffs. The plaintiffs, a husband and wife who both lost their left leg in the collision, named both the driver… Read More »
The Duty to Disclose STDs — The One that Never Goes Away
In a recent local case [Behr v. Redmond, (2011) 193 Cal. App. 4th 517], the plaintiff sued the defendant for damages arising from the alleged tortious transmission of genital herpes. Essentially, the plaintiff alleged that the defendant committed fraud when he misrepresented to her that he was free of STDs, knowing this to be… Read More »
Injured on the Job? File for State Disability Benefits!
For the majority of the California Workers’ Compensation injury claims there is now a 104 week limit for temporary total disability – compensation payments made to an injured worker while unable to work because of the injury. This benefit is paid based upon two-thirds of an employees’ average weekly wage (up to certain state… Read More »
The Benefits of a Large Auto Insurance Policy
If you own and drive a car in California, not only does the law require that you have auto insurance, it is also a good idea. Technically, the law doesn’t require you to have an auto insurance policy. In fact, as an alternative to insurance, one can post with the DMV a thirty-five thousand… Read More »
What Factors Determine Noneconomic Damages in Personal Injury Cases?
Recently, I was asked by a reporter, “what factors determine noneconomic damages in personal injury cases?” Noneconomic damages are individualized and not subject to formula and standardization, especially for larger cases. Damages are dependent on the circumstances and apparent motivations of the individuals involved. The jury will evaluate these factors in developing their impressions… Read More »
RIGHT TO EMERGENCY MEDICAL CARE
Regardless of your insurance status, you are eligible to receive emergency medical care within the State of California. You have the right to receive emergency care at any licensed facility with an emergency room. You have the right to be treated until your emergency medical condition is stabilized when you go to a hospital… Read More »
Injuries to Pets – Accountability for Intentional Harm to Animals
The matter of Kimes v. Grosser deals with a cat owner’s ability to sue for vet bills to keep his cat, Pumkin, alive after being shot by a neighbor. Kimes v. Grosser (2011) 195 Cal. App. 4th 1556. The Plaintiff, Kevin Kimes, adopted a stray cat, who he named Pumkin. While perched on a… Read More »
The Howell Decision: Is it Worse for Plaintiffs than MICRA?
The Medical Injury Compensation Reform Act (MICRA) was passed in 1975 and limits non-economic damages (pain, suffering and death of a loved one) in California medical malpractice cases to $250,000.00. Prior to December 1975, juries were free to weigh all evidence and award an amount of non-economic damages appropriate for the injury to the… Read More »
It is GPS Monitoring, not GPS Tracking
“Wow…thank you. I didn’t realize GPS would be so interesting.” That was the most repeated comment by attendees at the last meeting of the Riverside County Barristers Association after Petra Fuhriman co-owner of GPS Monitoring Solutions explained the difference between tracking and real-time, 24/7 GPS monitoring. Although it was the second meeting of the… Read More »
