Tag Archives: lawsuit
Wrongful Death Suit in the Case of Audrie Pott
A wrongful death suit for the death of Audrie Pott appears eminent. For those unfamiliar with the story, Audrie Pott was a 15 year old, female high school student who committed suicide by hanging herself in September of 2012. However, she did not immediately die. She was sustained by life support for several days… Read More »
Increase in Motorcycle Accidents in California
Recently, the California Highway Patrol released a report showing that motorcycle accidents increased by 20 percent from 2010 to 2011. The Hartford Sentinel reports that hundreds of motorcyclists die each year and thousands more are hurt. The California Highway Patrol is asking for the public’s assistance to reduce these numbers. Officials have encouraged motorcyclists… Read More »
DIVORCE: MAKE YOUR EX PAY (for attorneys fees, that is)
While helping people with their divorces, I frequently hear them say that they had put off moving forward with their split because of the cost involved. What many fail to realize is that California law may provide for a way to pay for their attorney’s fees and costs. In Family Law matters such as… Read More »
What is the Value of an Injured Pet?
In what seems to be a trend of new cases expanding the rights of pet owners, the Court of Appeal for the Second District recently ruled that the usual standard of recovery for a dead or injured pet (market value) is inadequate when applied to injured pets. The recent case, Martinez v. Robledo, (2012)… Read More »
SEVEN MISTAKES YOU CAN AVOID WHEN INJURED ON THE JOB
1. REPORT THE INJURY – If you are injured on the job report your injury. Ask your employer or a DWC1 (claim form). Fill it our and request a copy for your own records. If you work for a small company and you are uncertain if they are insured for work-related injuries or how… Read More »
Five Things To Do After an Accident
Should you have the misfortune of being involved in an auto accident, it is important that you gather information and undertake a few responsibilities. These are the most important steps to take following a collision. Click here for a useful form that you can keep in your vehicle. This form will help you gather… Read More »
ARE LAWSUIT SETTLEMENTS TAXABLE?
The simple answer to the question regarding the tax consequences of a settlement claim is it all depends on the nature of the settlement! Generally speaking, settlement money received from cases involving personal physical injury or physical sickness can be excluded from taxation (IRS Code sect. 104(a)(2)). Certain other types of settlement awards, (considering… Read More »
IS THE EMPLOYER RESPONSIBLE FOR INJURIES THAT OCCUR ON THE WAY TO OR FROM A MEDICAL APPOINTMENT?
An employer bears the risk of incurring compensability liability under the California Workers’ Compensation Act for an injury suffered in route to or from a medical appointment related to an existing compensable injury. If an employee suffers a new injury while traveling a reasonable distance, to or from a medical appointment for an existing… Read More »
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 »
