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Tag Archives: personal injury

WHO IS CHECKING YOUR STATUS?

By Heiting & Irwin |

The health info you post online could be used against you. Dislike! By Jessica Girdwain When you log on to Facebook, what do you post? Pics of you laughing with friends or frolicking on vacay? That’s what Nathalie Blanchard, a 30-year-old IBM technician from Granby, Quebec, did – and soon after, her disability insurance… Read More »

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Are your kids safe at school if the school hires a pedophile?

By Heiting & Irwin |

According to the California Constitution, all students and staff of public schools have the inalienable right to attend campuses that are safe, secure, and peaceful. Cal. Const. Art. I, Section 28(c). All school districts must comply with this requirement, and are prohibited from taking official actions that violate or contravene its provisions. But is… Read More »

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James Heiting cited by “Chicago Lawyer’s” Robert A. Clifford

By Heiting & Irwin |

I stood before 12 people, a cross-section of Miami-area residents who were to consider the case of a family who lost a loved one in a small plane that crashed off the coast as it attempted to take off. The cause of the crash was a defective part, manufactured by a local company whose… Read More »

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What You May Not Know: 998 Offers

By Heiting & Irwin |

Something that is often encountered in personal injury litigation in California is what is commonly referred to as a “998 Offer.” Clients are constantly surprised by the 998 Offer as many have never heard of it. Code of Civil Procedure § 998 is quite lengthy; however, the part that relates most pertinently to plaintiff’s… Read More »

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PROTECTING YOURSELF WITH UM/UIM COVERAGE

By Heiting & Irwin |

California requires all motor vehicle operators to maintain liability insurance with limits of at least $15,000. What happens if your injuries in an auto accident exceed that coverage? Uninsured and underinsured motorist (UM/UIM) policies may help. They provide coverage for you, in case you are in an accident caused by a driver with no… Read More »

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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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The Hawthorne Court: Civil Litigation Goes Back to School

By Heiting & Irwin |

Many civil trials in Riverside County are presently being held in the Hawthorne Court – a recommissioned elementary school in Riverside. In the past two months, my office has had the opportunity to try no less than three cases in this court. Though it is, for all intents and purposes, a civil courthouse, there… Read More »

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