Articles

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

Focus Groups on a Shoestring Budget

By Casey Johnson Every case has its warts.  How many warts a case has and how bad those warts usually determine whether or not a case ultimately gets sent to a jury for determination.  There are many excellent jury consultants and companies that do focus groups and mock trials (many of whom are loyal sponsors… read more

Is Negligent Supervision and Hiring Covered by Commercial General Liability (CGL) Policies?

By Michael Penn Hard Hat Construction Corp. employs Carl, a retired teacher that now works as a nighttime security officer. Carl is often under the influence while on the job. One evening, Carl decides to take a forklift off property for a spin on the open road and causes a car accident when several drivers… read more

Bicycles v. Motor Vehicles: Who Owns the Road?

By Atticus Wegman Who owns the road between bicyclists and motor vehicles? Both, technically. For the most part, bicyclists have the same rights and responsibilities as motor vehicle drivers (see California Vehicle Code section 21200). Our firm handles many cases involving this area of the law where bicyclists’ rights are pitted against drivers’ rights. Oftentimes,… read more