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Tag Archives: insurance

California’s Good Samaritan Law – Liability for Rendering Emergency Care

By Heiting & Irwin |

California has codified, in Health & Safety Code § 1799.102, what is sometimes referred to as a “Good Samaritan” Law. Prior to August 2009, this Section stated: “No person who in good faith, and not for compensation, renders emergency medical care at the scene of an emergency shall be liable for any civil damages… Read More »

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Statute of Limitations – Wrongful Death

By Heiting & Irwin |

According to state law, a wrongful death action is a cause of action for the death of a person caused by the wrongful act or neglect of another. Such a cause of action can be brought by only a limited number of people having some type of relationship to the person that died. The… Read More »

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Collateral Source vs. Hanif – The Fight for Plaintiff’s Damages

By Heiting & Irwin |

The legal community in California is astir with news of the developments towards abrogation of the Hanif/Nishihama reduction. With several cases pending decision by California’s Supreme Court, the question for the would-be plaintiff is: what is the difference between Hanif and the Collateral Source Rule? The answer depends on whether the plaintiff has health… Read More »

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What do I do after an accident?

By Heiting & Irwin |

-Assess your health and the health of anyone else involved in the accident. If any injuries appear to be serious, you should arrange for medical care immediately (dial 911). -Remain calm and non-confrontational. Getting into an argument with the other driver, eyewitnesses, or medical personnel will not help the situation in any way. -Get… Read More »

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Insurance Adjuster Wants a Recorded Statement

By Heiting & Irwin |

After a car accident or truck accident, a common question our office hears is whether an accident victim should give a recorded statement to the other driver’s insurance company. Our advice is that the victim should politely decline to give a recorded statement. The insurance company will place you under a lot of pressure… Read More »

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Good Communication Can Reduce Lawsuits

By Heiting & Irwin |

Premiums charged by insurers are outrageous! Profit-driven underwriting for professional negligence makes all of us, except the insurance companies, suffer. Although virtually every state has enacted some sort of “medical liability reform” to keep down premiums and financial risk to physicians and medical providers, these reforms, while onerous to the injured parties in many… Read More »

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Workers’ Compensation & Reform – At what cost?

By Heiting & Irwin |

Workers’ Compensation “Reform”- At what cost? While it was interesting to read the article authored by one of my learned colleagues in the February’ 09 (Volume 59, Number 2) issue of this magazine, I feel compelled to respond on behalf of the injured worker. After all, that article, although written by someone whom I… Read More »

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