Articles

The Unsung Hero of Your Automobile Insurance Policy—Uninsured/Underinsured Motorist Coverage

By Atticus Wegman If you find yourself injured in a motor vehicle crash, whether or not you were in a vehicle, it is paramount that you understand if your automobile insurance policy includes underinsured/uninsured motorist coverage. We often find our clients, after suffering injuries relating to motor vehicle crashes including injuries suffered when they were… read more

Bostock v. Clayton County, Georgia: A Landmark Win for the LGBTQ+ Community or a Mask for Private Religious Discrimination?

By Casey R. Johnson and Darren J. Campbell This is an excerpt from an article originally published in the September 2020 issue of OC Lawyer. Introduction Bostock v. Clayton County, Georgia, 140 S. Ct. 1731 (2020) is a landmark victory for the LGBTQ+ community. The holding seems unambiguous: an “employer who fires an individual for… read more

Immigration Status is Off the Table in Wrongful Death & Personal Injury Matters

By Megan Demshki A person’s immigration status is generally irrelevant to issues of civil liability based on existing state law. However, in California personal injury and wrongful death matters citizenship status was relevant to calculating loss of income until January 1, 2017. This was historically known as the “illegal alien” defense. For over 30 years,… read more

Moving Beyond Workers’ Compensation for Construction Site Injuries

By Atticus N. Wegman Oftentimes when individuals are injured on a construction site, they are told that their sole remedy for compensation is through a workers’ compensation claim with their employer’s workers’ compensation insurance carrier. This is known as the workers’ compensation exclusive remedy. Such compensation, however, does not include compensation for pain and suffering… read more

Off the beaten path: Identifying and preparing novice expert witnesses

By Megan Demshki This is an excerpt from an article originally published in the July/August 2020 issue of the CAOC’s Forum magazine. Does your matter present a unique issue, whether it be on liability or damages, that would benefit from retained expert testimony? Have you never worked with an expert in that area of expertise… read more

Pools Pose a Significant Danger to Users

By Casey Johnson As the weather warms up, people will naturally look to cool off by spending time in a swimming pool. This is particularly true in Southern California. While swimming pools can provide relief from the heat (and an excellent place to get much-needed exercise), many pools pose a significant danger to users. Both… read more

Richard Cohn Receives Thoughtful Letter From Client

  At Aitken*Aitken*Cohn, our goal is to meet the needs of our clients to the best of our abilities and beyond. Often times they go through unspeakable situations that bring them to our firm. When we do attain a deserving settlement for the clients, we do so with great joy and satisfaction. One such occasion… read more

Non-Injured Spouses are Entitled to Loss of Consortium Compensation

By Atticus Wegman An often untold story is how an individual’s injuries can affect their non-injured spouse. California has developed an area of law to address how non-injured spouses should be treated when their lives are also changed by the actions of another. This area of law is called loss of consortium damages. The law… read more

Workers’ Compensation: Your “Exclusive” Remedy?

By Ryan Drakulich If you have been injured at your place of work or while performing work duties, you may be under the belief that filing a workers’ compensation claim is your only route to recovery. Many injured workers believe that a workers’ compensation claim is their only option due to the exclusive remedy rule…. read more

How Do You Settle a Child’s Lawsuit in California?

By Darren Aitken Here at Aitken*Aitken*Cohn, our Orange County personal injury attorneys represent many clients who are under the age of eighteen. These clients, due to their age, are considered minors under California law. While the rules governing claims for minors is identical to those for adults in most respects, the settling of a minor’s… read more