Do you need surveillance video for your case? Surveillance cameras are becoming more and more popular, meaning that the use of video evidence is becoming increasingly important. Whether it’s a criminal investigation, civil dispute, or personal injury, having access to surveillance footage can make all the difference in determining the outcome of a case.

Laws About Surveillance Video

If a person or business has not consented to being recorded, then any recording made without their consent is illegal. According to Cal. Penal Code § 632(a) capturing private conversations, through video or audio, without the other party’s consent is subject to wiretapping statutes and eavesdropping laws. 

Knowing what kind of permission is needed will depend on exactly what is being recorded and where it is taking place. For example, personal injury cases such as slip and fall or car accidents will require a different process than criminal investigations. 

How To Legally Request Video Footage

In California, you must follow the rules of discovery when obtaining surveillance video. This means you must provide notice to the other party that you are seeking the video, and you must comply with any protective orders or confidentiality agreements.

The first step is determining who owns or operates the cameras from which you would like to collect evidence. Depending on where and when the recording occurred this could include :

• private individuals, such as dash cameras and other personal surveillance recorders 
• businesses: for example a store or parking lot
• government entities: including traffic cameras & body cams

Once you have identified potential sources of video, the next step is to send a preservation letter to the custodians of the video. A preservation letter is a written request to preserve any relevant video footage. The letter should include:

• The names and contact information of the parties involved in the case
• The date and location of the incident
• A description of the type of video footage that may exist
• A request to preserve any relevant video footage, including a specific timeframe
• A warning not to destroy or alter any video footage

Tips for Obtaining Surveillance Video

Here are some tips to keep in mind:

• Act quickly: Time is of the essence when it comes to obtaining surveillance video. Video footage can be deleted or overwritten if not preserved in a timely manner, so it’s important to send a preservation letter as soon as possible.
• Be specific: When sending a preservation letter or subpoena, be as specific as possible about the type of video footage you are seeking and the timeframe in which it was recorded. This can help ensure that you obtain the most relevant footage.
• Work with an experienced attorney: Obtaining surveillance video can be a complex process, and it’s important to work with an attorney who has experience in this area. An attorney can help guide you through the legal requirements and can advocate for your rights in court if necessary.

If the custodian of the video does not voluntarily provide the video footage, the next step is to send a subpoena or court order. A subpoena is a legal order that compels the custodian to provide the video footage. A court order is a more formal legal order that is issued by a judge. To obtain a subpoena or court order, you must file a motion with the court and show that the video footage is relevant and necessary to the case.

Proving Your Case Through Surveillance Footage

Once you understand the legal parameters of surveillance video, it’s time to consider how best to use this evidence in court. To be successful with this type of evidence, there are several things that need to be proven: first and foremost that the footage was legally obtained; second, that it accurately reflects what happened at a certain location or during a specific event; and third, that it is admissible under applicable laws.

In order for surveillance footage to prove your case effectively, you must establish its authenticity as well as show that any data collected has not been altered by anyone after the fact. You can do this by obtaining written statements from parties involved in the recording process verifying accuracy or providing testimony about their involvement. Additionally, if possible, obtain physical copies of the original recordings rather than relying solely on digital versions which may have been tampered with or manipulated.

Finally, if you have met all these requirements then you should be able to present your evidence in court without much difficulty. With proper preparation and knowledge about relevant laws, using surveillance footage can help make a difference in proving your case in court.

Contact West Coast Trial Lawyers To Meet With A Legal Professional

When it comes to obtaining surveillance video for your case, the best way forward is to consult with a legal professional. At West Coast Trial Lawyers, we understand that this process can be confusing and time-consuming. Our lawyers always strive to provide reliable information and resources while ensuring that all legal requirements are met throughout each step of the process. If you have been injured as a result of utter negligence or malice and need to obtain any surveillance footage regarding your incident, reach out today to schedule a free consultation!

The post How To Get Surveillance Video for Your Case appeared first on West Coast Trial Lawyers.

If you have been injured in an accident and are pursuing a personal injury claim, you may be required to give a deposition. A personal injury deposition is a recorded statement given under oath, typically conducted by the opposing party’s attorney. The experience of a deposition can be a little daunting, but with the right preparation you can feel confident and secure during the deposition process. From understanding the purpose of a deposition to practicing your responses, we’ll cover everything you need to know to be well-prepared and avoid any surprises.

What is a Personal Injury Deposition?

A personal injury deposition is a legal proceeding in which a witness, typically the injured party, gives a documented oral testimony under oath but out of court. The purpose of a deposition is to gather information and assess the credibility of the witness, as well as to determine the strength of the opposing party’s case.

The personal injury deposition is an opportunity for the attorney to ask you questions about your case and gather information that may be used in court during a personal injury lawsuit. Question related to: 

• Circumstances surrounding the accident
• Injuries sustained
• Medical treatment received, and other relevant information

It is important to be truthful and provide accurate information during a deposition, as false statements can have legal consequences.

What to Expect Before the Deposition

If you have been asked to participate in a personal injury deposition, here are some things you (the deponent) can expect:

• Notice: Before the deposition, you will be given a notice of deposition which includes the date, time, and location of the deposition. This will allow you to prepare ahead for the deposition. 

• Attorneys: The attorneys representing each party will be present at the deposition. They will ask you questions about any information they feel is important for them to know and these questions will be in a structured manner. 

• Case sensitivity:  The deposition will be recorded by a court reporter even though it most likely will not take place in a courtroom. The information disclosed during the deposition is confidential and should not be shared with anyone outside of the legal team.

• Duration: Depositions can last for several hours, or even days, depending on the complexity of the case. Ensure you are well prepared by reviewing any documents related to your case, such as medical records, police reports, or witness statements.

• Emotion: Depositions can be emotional, especially if you are reliving a traumatic event. It is important to stay calm and composed during the deposition as opposed to being defensive and argumentative. 

Depositions Are Never Unexpected

It is true that depositions are typically not unexpected. Before a deposition takes place, both parties in a legal case will have been given notice of the deposition date, time and location. This allows the witness to prepare and gather any relevant information or documents that may be necessary for the deposition. In some cases, the notice of deposition may also include a list of specific questions that will be asked during the deposition. This gives the witness time to review their case and prepare for the deposition, so they can provide accurate and helpful information.

While there may be some surprises during a deposition, it is rare that they come as a complete surprise. Once you have received a notice of deposition however, it is mandatory that you attend and be deposed.

What Type of Questions Will They Ask?

During a personal injury deposition, the opposing party’s attorney will typically ask a wide range of questions related to the accident and any other relevant information related to the case. 

It is important to answer these questions truthfully and to the best of your knowledge. If you are unsure about a question, you can ask for clarification or ask to consult with your attorney before answering.

Some of the most common types of questions that may be asked during a personal injury deposition include:

• Background information
• Accident details
• Injuries
• Medical history
• Daily activities
• Employments status
• Emotional distress
• Previous conditions
• Damages

It’s important to note that the specific questions asked during a personal injury deposition will vary depending on the case and the attorney conducting the deposition. It is crucial to prepare adequately for the deposition as leading questions are some of the tricks deposition lawyers use to confuse you. Review all relevant information related to the case with your attorney before the deposition. Your attorney will be able to object to some questions on your behalf. 

How to Conduct Yourself During a Personal Injury Deposition

Conducting yourself appropriately during a personal injury deposition is crucial to the success of your case. Here are some tips on how to conduct yourself during a personal injury deposition:

• Don’t rush, allow yourself time to give the most thoughtful answers possible. 

• Be Honest, answer truthfully without speculating or guessing.

• Listen Carefully to each question before answering. 

• Speak Clearly and loudly enough for the court reporter to hear and transcribe your answers accurately.

• Don’t Volunteer Information that wasn’t asked or requested of you. 

• Stay Calm and Focused, take deep breaths if you feel anxious and ask for a break if you need one.

• Dress Appropriately in business attire or formal clothing, as if you were going to court.

By conducting yourself in a respectful manner during your deposition, you can feel more secure and ensure confidently that you are presenting yourself in the best light possible.

Find more info on our FAQ page.

West Coast Trial Lawyers Will Represent You in Your Case

At West Coast Trial Lawyers, we know how nerve wracking preparing for a deposition may seem, but be rest assured that our attorneys are up to the task and will help make sure you are well equipped and extremely confident before being deposed.

Leave all the worrying to us by scheduling a free call with one of our expert deposition lawyers today at 888-572-9251 and get to understand all of your legal options.

The post Preparing for a Personal Injury Deposition appeared first on West Coast Trial Lawyers.

Have you ever been stopped by a law enforcement officer on suspicion of driving under the influence (DUI) in California? If so, you may have had to consent to a field sobriety test. 

Field sobriety tests are used by police officers when determining whether or not someone is intoxicated while operating a vehicle. Under California Vehicle Code Section 23152(f) It is unlawful for a person who is under the influence to operate a vehicle. 

Understanding your rights and obligations when it comes to consenting to field sobriety tests can be challenging. This article will explain how this process works in California and what drivers should know before submitting to these types of tests.

As always, we would advise you to not drink and drive.

Can You Refuse a Field Sobriety Test?

The first thing any driver needs to understand about field sobriety tests in California is that they are voluntary. If an officer asks you to take a sobriety test, no matter the situation, you can refuse unless there has already been an arrest made for DUI charges.

 A refusal cannot be held against you in court; however, if you do decide to submit, anything found during the test could potentially be considered as evidence against you later down the line.

By understanding all their options, individuals can make an informed decision about whether they should consent or decline when faced with this situation. With that in mind, let’s consider what happens next—the potential consequences for refusing a field sobriety test in California.

Consequences for Refusing a Field Sobriety Test

When it comes to refusing a field sobriety test in California, there are some potential consequences that should be considered. While the legal implications of declining such requests may vary depending on the situation and one’s individual circumstances, here is an overview of what could happen if you decline:

• The police officer has the right to arrest you under California Vehicle Code 23612 if they suspect DUI. This means they can take you into custody and arrange for a blood or breathalyzer test regardless of the results of a Field Sobriety Test. If convicted, your license will likely be suspended for up to 12 months with no restricted license possible during this time.
• Your insurance rates could increase significantly following a DUI conviction—particularly if it’s not your first offense.
• Refusing a field sobriety test might also damage any defense strategy related to defending against DUI charges later on in court proceedings. In some cases, refusal of field sobriety tests can be spun by the prosecution team as admission of guilt.

It’s important to remember that each case is different and every driver has their own unique set of circumstances when faced with this decision. Before making any decisions regarding consenting to or refusing a field sobriety test, individuals should consult with a qualified attorney who can provide advice based on the facts of their specific situation. With all this information in mind, let’s look at types of field sobriety tests available in California and what they involve.

Types of Field Sobriety Tests

When it comes to field sobriety tests, the most common type administered by law enforcement in California is known as Standardized Field Sobriety Tests (SFST). The tests are recognized by the National Highway Traffic Safety Administration (NHTSA) as reliable indicators of impairment by alcohol or drugs.

SFSTs are divided into three separate components—

• Horizontal Gaze Nystagmus Test : this test checks for involuntary eye movements that can occur when a person is under the influence of alcohol or drugs.
• Walk and Turn Test : this test requires the person to take nine steps along a straight line, turn around, and take nine steps back. The officer will look for signs of impairment, such as loss of balance, using arms for balance, or not following instructions.
• One Leg Stand Test : this test requires the person to stand with one foot off the ground and count aloud until told to stop. The officer will look for signs of impairment, such as swaying, hopping, or putting the foot down.

The officer may also ask you to perform a Romberg Balance Test or a Finger-to-Nose Test, but these tests are not standardized by the NHTSA. 

Each of these tests requires the driver to demonstrate a certain level of physical coordination while following specific instructions from an officer.

It’s important to note that under California law, submitting to any one of these tests does not mean you must be found guilty of DUI or face legal repercussions. Ultimately, drivers need to weigh their options carefully before deciding whether they should take part in such an evaluation.

Speak to a Certified Legal Professional at West Coast Trial Lawyers

It is important to know that if you are asked to take a field sobriety test in California, your decision whether or not to consent can have serious consequences. By understanding the nature of these tests and how they work, you can make an informed decision about what action to take. 

It’s also important to realize that although field sobriety tests may be used as evidence of intoxication in court proceedings, their accuracy is often questioned. Factors such as environment, physical limitations, and other medical conditions can inaccurately skew the results of these tests. 

If you believe that the results of a field sobriety test do not accurately reflect your level of sobriety, then there are options available for challenging those results. Speak to a certified legal professional at West Coast Trial Lawyers.

Call us now at 213-996-0790 for a free consultation and get the expert legal advice you deserve!

The post Should you consent to a field sobriety test in California? appeared first on West Coast Trial Lawyers.

Though it may not be the most common outcome, your dog CAN be put down for biting someone, and all dog owners must understand and possibly prepare for this if they ever find themselves in such a situation. 

As much as we love them, dogs are still animals and can sometimes behave aggressively, leading to potential injuries to humans. It is important to take steps to prevent this from happening. 

Socializing your dog, training them to obey basic commands, keeping them healthy, and providing them with plenty of exercise can all help prevent dog bites and ultimately avoid your dog being put down. 

Whether a dog will be put down for biting someone depends on various factors, including the severity of the injury, the dog’s previous history, and the state’s laws. 

What Determines Euthanasia for Dogs in California?

In the state of California, dog owners are usually responsible for their dog’s behaviors. A dog’s previous behavior however, may come under investigation if the state is considering euthanasia. 

Some factors that may decide euthanasia for dogs in California are :

• Age and health of the dog 
• Aggressive behavior
• Unmanageable medical conditions
• Shelter overcrowding
• Dog owners request

Liability After a Dog Bite in California

California does not observe the one-bite rule. Under the one bite rule, a dog owner is not held strictly liable for the first bite or attack, as they are assumed to have no knowledge of their dog’s dangerous propensities.

In California, the owner of a dog is generally liable for any damages that result from a dog bite, regardless of whether or not the owner knew or had reason to know that the dog was dangerous. This is known as strict liability. 

This means that the owner is responsible for : 

• Medical expenses
• Lost income
• Emotional distress
• And all damages that result from the bite.

However, there are some exceptions to this rule. A dog owner may not be liable for damages if the person who was bitten was trespassing on the owner’s property or was provoking the dog at the time of the bite.

Legal Process after a Dog Bite

There is no federal dog bite law in the United States, therefore legal processes differ from state to state. If you are bitten by a dog in California, there are several steps that you should take to protect your legal rights and pursue compensation for your damages:

• Seek medical attention
• Report the incident
• Gather information 
• Document evidence
• Consult with a lawyer
• File a claim 

Before an owner’s pet can be put down, the state must first conduct a hearing to determine whether the animal is a threat to public safety or not.

In some cases, if the dog has a history of aggressive behavior or has caused severe injuries, a court may order the dog to be put down. This is typically a last resort and only occurs when other options, such as rehabilitation, have been exhausted.

It is important to act quickly after a dog bite, as there are strict time limits for filing a claim or lawsuit. Victims forfeit their right to compensation if they file two years after the initial incident, as stated by California’s statute of limitations.

Who to Report

If you have been bitten by a dog, both you and the dog owner are required to report the incident to the Los Angeles County Veterinary Public Health and Rabies Control. 

You may also call : 

• Emergency medical services
• Local animal control
• Insurance company
• Law enforcement
• Local health department 

Quarantine

In many states, if a dog has bitten someone, animal control may be required to investigate the incident and may order the dog to be quarantined for a period of time. Quarantine typically means that the dog will be kept in a shelter or veterinarian’s office for a specific period, to monitor for signs of aggression or illness, such as rabies.

Section 11.04.210 of the County of Los Angeles Public Health Rabies Control Manual reads :

11.04.210 Confinement of biting animals — Procedure generally.
The biting animal shall be quarantined, confined and observed for at least 14 days (dogs and cats, 10 days) after the day of infliction of the bite, with the exception that the following alternative to the 10-day isolation of dogs and cats is permitted: dogs or cats which have been isolated in strict confinement, under proper care and under observation of a licensed veterinarian, in a pound, veterinary hospital or other adequate facility, in a manner approved by the local health officer, may be released from isolation by the local health officer after five days of veterinary observation if, upon conducting a thorough physical examination on the fifth day or more after infliction of the bite, the observing veterinarian certifies that there are no clinical signs or symptoms of any disease. (Ord. 10728 § 1 (part), 1973: Ord. 7583 Part 2 § 219, 1959.)

Under California law, any dog that bites a human or another animal must be confined and observed for a period of at least 10 days, regardless of whether or not the dog is up-to-date on its rabies vaccination. 

“Vicious” and “Dangerous” Dogs in California

California defines potentially dangerous dogs as : 

• Any dog that attacks unprovoked on two separate occasions within 36 months, causing defensive action
• Any dog that bites a person unprovoked causing minor injuries
• Any dog that attacks unprovoked on two separate occasions within 36 months, causing severe injuries and death

Vicious dogs are defined in california as : 

• Any unprovoked dog which inflicts severe injury or kills in an aggressive manner
• A potentially dangerous dog that continues to exhibit violent traits despite notification to its owner

Speak to Our Leading California Dog Bite Attorneys

Dog bites can have serious consequences for both the victim and the dog. If you or a loved one has been the victim of a dog bite in California, it is important to understand your legal rights and options. 

California’s strict liability dog bite law provides important protections for victims, but it is important to act quickly and seek legal guidance to ensure you receive the compensation you deserve. Consult with West Coast Trial Lawyers today, our experienced dog bite attorneys will help you navigate the legal process and protect your rights as a victim as we have done with so many others just like you.
Schedule a free consultation with us at 888-572-9251 and one of our expert attorneys will hear your case.

The post Will My Dog Get Put Down for Biting Someone? appeared first on West Coast Trial Lawyers.

Hydroplaning, also known as aquaplaning, can be a pretty scary experience when driving in the rain. Losing traction and control of your vehicle, even when it’s temporary, can cause you to panic. 

However, knowing how to avoid hydroplaning or even regaining control of your vehicle is critical for your own safety as well as others.

The U.S. Department of Transportation shows that there are 1.2 million weather-related crashes each year, and at least 5,400 fatalities as a result.

If you’ve ever experienced any hairy situations while hydroplaning or driving in the rain in general, we’ll go over some tips so you can feel a little safer the next time you hit wet pavement. 

What is hydroplaning

Hydroplaning is when your vehicle “floats” on a thin layer of water on the road. Hydroplaning may occur when there is standing water and higher vehicle speeds. 

With enough standing water on the road, you can actually start hydroplaning at speeds as low as 30 MPH. On the other hand, if you’re driving too fast for conditions, you can hydroplane over thinner layers of water.

When driving in the rain, it is important to slow down and keep your eyes out for standing water. In general, you’ll find other cars driving around the patches of standing water, or you can see large pools of water via reflections of light. 

Recognizing road conditions that cause hydroplaning

Recognizing road conditions for hydroplaning can include seeing pools of standing water, identifying dips in the road where water can pool, and watching other drivers avoid standing water.

It’s important to scan the road ahead and see potential areas where water can start pooling – these are the patches of road where hydroplaning is most likely.

Here are some situations that can increase the likelihood of hydroplaning:

• Amount of water on the road
• The condition of your tires
• Your driving speed
• Tire tread depth
• Weight distribution of your vehicle

When it’s dark and cloudy out, you may not always get a clear view of the road. If you suspect you’re on a stretch of road or in an area where water can start pooling, drive slowly and cautiously. 

How to avoid hydroplaning in the rain

To avoid hydroplaning in the rain, drive slower than you would in dry conditions. Speed is the number one factor in hydroplaning. Hydroplaning also occurs when your tires are underinflated or don’t have enough tread depth.

Use the following tips and strategies so you don’t lose traction and avoid hydroplaning or aquaplaning:

• Maintain correct tire pressure: Underinflated tires will increase your chances of hydroplaning
• Check tire tread depth: Without correct tread depth, channeling water away from the tires will be impossible, increasing the chances of hydroplaning
• Slow down: By reducing speed, your tires will maintain contact with the ground–the faster you hit standing water, the more chances you have of “floating” across the patch of pooled water
• Keep even weight distribution: Don’t overload the rear or any one side of your vehicle as the lighter sides will have a greater chance of hydroplaning
• Drive smoothly, avoid sudden movements: Don’t break, accelerate, or turn too quickly when it’s wet out as jerky movements will break traction
• Avoid cruise control: If you hit wet pavement or temporarily lose traction, your cruise control may want to speed up and cause your tires to spin

What to do when hydroplaning

Here’s what you should do when hydroplaning: get off the gas or accelerator, avoiding sudden movements or braking, and steering in the direction of the slide. 

Most instances of hydroplaning are brief and you don’t need to do much to recover. Simply taking your foot off the gas pedal as you go over a patch of water is enough to keep you from losing complete control of your car.

However, if you hit a long stretch of pooled water, or hydroplaning triggers a prolonged loss of traction, here’s what you want to do: Don’t brake or step on the gas, just allow your car to coast, then steer into the direction of the slide.

It seems counterintuitive, but you want your tires to point in the same direction you’re sliding in so that when you regain traction, you’ll be traveling in the direction you want. It’s easy to course-correct when your tires are already pointing in the direction you’re moving.

When you regain traction, accelerate slowly to regain speed and direction, and if necessary, pull over and take a breather. 

Call a lawyer if you’ve been involved in a hydroplaning accident

If you’ve been involved in an accident as a result of hydroplaning – whether it was you or another driver that lost traction or control – give us a call.

When another person’s speed and negligence causes an accident or injury, you are entitled to compensation. 

In the instance where you were hydroplaning and involved in an injury accident, you still may not be totally at fault. California is a comparative negligence state, meaning that each party involved that may be at fault takes part of the blame – even the agencies that own the roads!

Hydroplaning can happen where there are poorly maintained roads or potholes. Let an experienced accident attorney handle your case and get justice. 

Call us any time at 213-996-0790.

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Any injury to the spinal cord can have devastating consequences on the body’s functionality, leading to a range of conditions, including spinal shock syndrome. This rare but serious condition can occur after a spinal cord injury or accident, causing temporary loss of motor and sensory functions below the injury site. 

In this article, we will discuss what spinal shock is, its causes, symptoms, duration and legal options for victims of spinal shock syndrome.

What Causes Spinal Shock Syndrome?

Spinal Shock can occur immediately after a spinal cord injury and can last for weeks or even months.

The most common injuries causing Spinal Shock Syndrome, include: 

• Traumatic spinal cord injuries, such as from car accidents, falls, acts of violence or sports injuries
• Non-traumatic spinal cord injuries, such as from infections, tumors, or vascular disorders
• Surgical interventions on the spine, such as spinal anesthesia, discectomy, or spinal fusion.

What are the Symptoms of Spinal Shock?

The symptoms of spinal shock syndrome vary depending on the severity and location of the spinal cord injury (SCI). 

The most common symptoms include:

• Loss of reflexes
• Flaccid paralysis or muscle weakness
• Loss of sensation
• Difficulty breathing or swallowing
• Increased blood pressure 
• Bradycardia or slow heart rate.
• Skin color discoloration (pale and dry skin)
• Bladder and GI tract issues 

Every individual with a spinal cord injury or spinal shock will have a unique experience, despite the presence of general symptoms like those listed above.  

Spinal Shock vs Neurogenic Shock

Spinal shock and neurogenic shock are linked to each other and share similar causes, but differ in their effects. 

Neurogenic shock is a condition where the body’s blood vessels fail to function properly, resulting in inadequate blood flow throughout the body. Unlike other types of shock caused by blood loss, neurogenic shock occurs without significant blood loss. Instead, the issue lies with the body’s ability to properly circulate blood.

On the other hand, spinal shock is characterized by a loss of all sensation below or around the injury level and does not have a circulatory origin.

The Stages of Spinal Shock After Injury

While there has been a lot of interest in Spinal Shock Syndrome, its causes and importance have been debated until recently. However, recent advances in our understanding of the physiology of the injured spinal cord are shedding new light on this process. According to a clinical in depth analysis by Nature.com. Spinal Shock can be broken down into 4 stages.

1. Areflexia/Hyporeflexia (0 – 1 days after the injury)

During this time, the AJ (ankle jerk) and other deep tendon reflexes are absent making muscles flaccid and paralyzed. However, some cutaneous reflexes like the BC, AW, and CM begin to recover. The first reflex to return is usually the DPR, which requires a strong stimulus and causes delayed toe flexing. This reflex may be present in about two-thirds of cases during this phase, while the BC is present in about half. The cremasteric reflex is seen in about a third of cases. 

2. Initial Reflex Return (1 – 3 days after injury) 

During this phase, certain cutaneous reflexes become stronger, but deep tendon reflexes are usually still absent, except for the tibial H-reflex, which may return after about 24 hours. In some cases, elderly individuals or children may show early reflex recovery during this phase due to differences in their nervous system development or pre-existing conditions. 

3. Early Hyper-Reflexia (4 days – 1 month)  

During this phase, most deep tendon reflexes start to return, and certain reflexes tend to recover in a specific order. Cutaneous reflexes also begin to appear, and most people regain these reflexes by the end of this period. However, there is variability in the timing of reflex recovery, even among people with complete spinal cord injuries. This variability may be due in part to differences in reflex excitability based on a person’s previous experiences and training. For example, ballet dancers and other athletes may have different reflex excitability compared to untrained individuals.

4. Spasticity Hyper-Reflexia (1 month – 12 months)

During this phase, some reflexes in the body become hyperactive and respond to even small things. There isn’t much information about how long it takes for the bladder to start working normally again, but doctors think it usually takes 4 to 6 weeks. Some problems with blood pressure can go away within a few weeks, but other problems, like feeling dizzy when standing up, may last for several months. Autonomic dysreflexia, a serious condition that affects blood pressure, can develop over several weeks to months and last a long time.

How Long Does Spinal Shock Last?

Typically, the average duration of spinal shock ranges from 4 to 12 weeks. Spinal shock’s duration can vary based on the seriousness of the injury. For example a cervical spine injury, which affects the head and neck region, will have lengthier health implications than a sacral spinal cord injury.     

Suing For Damages After a Spinal Cord Injury

When considering a spinal cord injury (SCI) lawsuit, there are numerous factors to consider, including the nature of your injury, the circumstances in which it occurred, the extent of your recovery, the legal framework in your state, and the availability of evidence to support your case.

West Coast Trial Lawyers Will Fight To Maximize Your SCI Settlements

If you have sustained a spinal cord injury due to someone else’s intentional or negligent actions, you may be able to pursue legal action. 

Call on West Coast Trial Lawyers, Los Angeles’s top rated personal injury firm, where we’ve recovered over 1.5 billion dollars in damages for our clients. 

It’s important to find a lawyer with the right background and experience to represent you in the complex legal issues that may arise following a spinal cord injury. 

While a family member or friend may offer to assist you, it’s crucial to make sure that they have extensive experience in lawsuits specifically related to spinal cord injuries. Otherwise, they could potentially harm your chances of receiving proper compensation.

Call us now at 213-996-0790 for a free consultation. Our mission at WCTL is to fight on your behalf and maximize your SCI settlement.

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If you’re involved in a lawsuit in California, you may be wondering whether any settlement or award you receive is taxable. The good news is that, in most cases, personal injury settlements are not taxable in California. 

However, it’s still important to understand the state’s rules and regulations, so you can make informed decisions and avoid any unexpected tax liabilities.

Generally, settlement funds and damages received from a lawsuit are taxable income according to the IRS. Nonetheless, personal injury settlements – specifically those resulting from car accidents or slip and fall incidents – are typically exempt from taxes. But there are exceptions to every case, and each lawsuit is unique.

Below you’ll find a breakdown of what awards are subject to taxes, which aren’t, and how the IRS comes into play in regards to your case’s settlement. 

Types of Awards and Settlements

Determining how much of a personal injury settlement will go to the injured party and how much will be subject to taxes by the IRS and State of California requires a close examination of the specific types of damages outlined in the settlement agreement. Here is a quick breakdown of the various types of damages in a California personal injury lawsuit and their tax implications.

Physical Injury Damages

If you receive a settlement for physical injuries sustained as a result of someone else’s negligence, the settlement is typically not considered taxable income in California. This includes settlements for medical expenses, lost wages, and other related damages.

Emotional Distress Damages

Emotional distress settlements are also generally not taxable in California, as long as they are related to physical injuries sustained in the same incident. This means that if you receive a settlement for both physical and emotional distress, the entire settlement may still be considered non-taxable.

Punitive Damages

Punitive damages are intended to punish the defendant for their wrongful behavior, and are often awarded in cases of intentional misconduct or gross negligence. In California, punitive damages are considered taxable income. However, these awards are relatively rare, and typically only a small portion of any settlement. 

What Lawsuit Settlement is Taxable?

While personal injury settlements are generally not taxable in California, there are some other types of settlements that may be considered taxable income. 

This includes settlements for:

• Lost wages
• Property damage
• Defamation
• Breach of contract
• Unlawful discrimination
• Punitive Damages

It’s important to review your specific settlement agreement to determine whether any portion of it is taxable. In some cases, you may be able to negotiate the terms of your settlement to minimize your tax liability.

What Lawsuit Settlement is not Taxable?

Compensation money awarded for visible injuries is considered tax-free, so there is no need to include these settlements in your yearly tax report.

As mentioned, settlement awards from personal injury lawsuits that demonstrate “observable bodily harm” are not taxable by the IRS. Such as car accidents, slip and falls, and certain public transportation accidents to name a few. 

If emotional distress is a result of physical injury or sickness caused by an accident, any settlement money received for it is nontaxable. Therefore the emotional distress must be of direct correlation to the physical harm caused. 

Also, some medical expense settlements are not taxable. If you did not take an itemized deduction for medical visits related to emotional distress or physical injury in prior years, they are considered nontaxable. However, if you settled and were reimbursed for medical expenses after previously taking a deduction, you may be required to pay taxes on the settlement in that year.

Attorney Contingency Fees

It’s natural for plaintiffs to want to receive their full compensation for personal injury, minus any contingency fees paid to their attorneys, once a case has been settled. It is important to note that under The 2017 Tax Cut and Jobs Act (2017 tax act) specifically for taxed settlements, your payout can be much lower. 

This is due to lawmakers voting in the 2017 Tax Act which considers a client’s attorney fees, like a contingency fee, as not deductible. Before 2017, clients were able to deduct their contingency fees from the overall payout of the settlement. That isn’t the case anymore, so you can expect less from the overall sum of your settlements once state, federal, and attorney fees come into play.

The IRS Has The Final Say

At the end of the day, the IRS has the final say! If you receive a settlement in California that is considered taxable income, you will need to report it on your tax return. 

You will typically receive a Form 1099-MISC, which reports the amount of taxable income you received during the year. If you do not receive this form, you should still report the settlement on your tax return, as you are still responsible for paying taxes on any taxable income you receive. 

To ensure you are following tax codes and laws correctly, we suggest speaking with a certified public accountant if you are having trouble differentiating which part of your settlement is taxable and which isn’t. There are times when both taxable and non taxable damages can be awarded for the same case. 

West Coast Trial Lawyers Can Help Mitigate Your Settlement Taxes

At West Coast Trial Lawyers we have professional counsel that can point you in the right direction and help you mitigate your tax risk. Once you’ve reached your settlement our firm can give you insights into how to properly file your 1099-Misc and fully understand what settlements are taxable and which are non-taxable.

The post Are Lawsuit Settlements Taxable in California? appeared first on West Coast Trial Lawyers.

Head injuries are common in accidents and can lead to serious health complications. One common type of head injury is a hematoma, which occurs when blood collects outside of blood vessels. Two types of hematomas that can occur in a traumatic brain injury (TBI) are epidural hematoma and subdural hematoma. Understanding the differences between the two is important when it comes to pursuing legal action.

What is an Epidural Hematoma?

An epidural hematoma is a type of bleeding that occurs between the outer membrane of the brain and the skull. It usually results from a skull fracture that tears one of the arteries supplying blood to the brain. The bleeding can cause pressure to build up in the brain rapidly and often within hours of the injury.

Traumatic and non-traumatic mechanisms can cause an epidural hematoma, and it occurs more commonly in adolescents and young adults. This is due to the tissue covering the brain not being as closely attached to the skull, creating a higher probability for an epidural hematoma.

What is a Subdural Hematoma?

A subdural hematoma, on the other hand, is a collection of blood in the space between the outer and middle layers of tissue covering the brain. It is typically caused by trauma that causes the brain to move inside the skull, tearing the veins that drain blood from the brain’s surface. 

Subdural hematomas can be acute or chronic, depending on the speed and amount of bleeding. Acute subdural hematomas develop within hours or days of the injury, while chronic subdural hematomas may take weeks or months to develop.

Subdural hematomas are more common in older individuals, as the brain shrinks with age and the veins connecting the brain to the dura become more fragile.

Typical Symptoms of Epidural and Subdural Hematomas

Epidural and subdural hematomas are traumatic brain injuries that both involve bleeding in the brain, but they have different locations and characteristics.

Epidural hematomas are more immediate and easier to diagnose and treat. Not doing so can lead to neurological symptoms such as: 

• Confusion
• Dizziness
• Vomiting or Nausea
• Severe headache
• Weakness
• Loss of consciousness
• Paralysis

Subdural hematomas can be more subtle and complex, sharing similar symptoms to those of an epidural hematoma. Typical symptoms include : 

• Seizures
• Severe headaches
• Disorientation
• Amnesia
• Numbness 
• Blurred Vision

. 

Treatment will depend on the size, pressure and location of the hematoma, as well as other factors. 

What Can Cause Epidural and Subdural Hematomas?

These TBIs are serious medical conditions that can be caused by a variety of factors, ranging from a simple bump on the head to a severe traumatic injury. 

Here are some common causes of these conditions: 

• Car accidents
• Falls
• Sports injuries/Head injuries
• Physical assaults

They can also be caused by certain medical conditions that affect blood clotting, such as hemophilia or anticoagulant medication use. In some cases, they may be caused by spontaneous bleeding due to an underlying condition like an aneurysm or a brain tumor. 

Which TBI is more Dangerous?

Epidural hematomas are easier to diagnose and treat compared to subdural hematomas. They require immediate medical attention, including surgical removal of the clot to prevent brain damage and death. Subdural hematomas are more complex and can be more complicated to link to a specific cause, as they may not show up on immediate medical tests or imaging. They often manifest with subtle or delayed symptoms, and it may take days or weeks of observation and follow-up tests to confirm the presence and severity of a subdural hematoma. 

If a person suffers a subdural hematoma due to someone else’s negligence, they may have to provide extensive medical evidence and legal arguments to prove causation and liability.

Subdural Hemorrhages

A hematoma is similar to a hemorrhage, but a hemorrhage refers to ongoing bleeding while the blood in a hematoma has typically already clotted.

Subdural hemorrhages and subdural hematomas are both terms used to describe bleeding that occurs between the dura mater (the outermost layer of the brain covering) and the arachnoid mater (the middle layer of the brain covering). However, there are some differences between the two terms.

A subdural hemorrhage refers to the presence of blood in the subdural space, which is the space between the dura mater and the arachnoid mater. The blood may be the result of trauma, such as a head injury, or it may occur spontaneously in certain medical conditions.

Contact Us to Represent You in Your Traumatic Brain Injury Case!

Both epidural and subdural hematomas can have severe consequences and can result in substantial medical expenses and lost wages. If you or a loved one has suffered a hematoma due to the negligence of another party, you have grounds to file a personal injury claim against the responsible party.

West Coast Trial Lawyers can help you navigate the legal system and obtain the compensation you deserve, just like we have done for thousands of clients! Don’t hesitate to seek legal help, schedule a free consultation at 888-572-9251 and one of our expert attorneys will hear your case.

The post Epidural vs Subdural Hematoma TBI appeared first on West Coast Trial Lawyers.

California is a state known for its progressive stance on many things, including technology. 

According to California Vehicle Code (CVC) section 313.5 a hoverboard is defined as an electrically motorized board (E.M.B) that has two wheels and a deck on which a person may stand. 

When hoverboards, also known as self-balancing scooters, first gained popularity in the early 2010s, California was one of the first states to establish rules & regulations regarding their use. 

Here, we’ll explore the laws surrounding hoverboards in California, violations and what to do if you find yourself injured from a hoverboard accident.

Why the New Hoverboard Laws?

Due to the apparent risky nature of hoverboards and the multitude of accidents occurring since their inception. California has introduced several new hoverboard laws.

California Vehicle Code Section 21291 states it is legal to ride a hoverboard on public roads and bikeways, but only if the rider is at least 16 years old and wearing a helmet. 

Some more common provisions include 

• Maximum speed limits: California laws impose a speed limit of 10-15 miles per hour (mph) for personal mobility devices, to prevent accidents and collisions with pedestrians and vehicles.
• Parking and charging rules: Hoverboard laws can regulate the parking and charging of personal mobility devices, to prevent obstruction, fire hazards, and theft.
• Insurance and liability policies: Some hoverboard laws require users and manufacturers to have liability insurance and meet certain safety standards, to protect against accidents, injuries, and property damage.

Additionally, hoverboards are not allowed on roads with a speed limit greater than 35 miles per hour.

These laws also regulate other personal mobility devices as well, such as : electric skateboards, Segways, and other self-balancing vehicles. 

Hoverboard Violations

Not wearing a helmet while riding on a sidewalk can lead to tickets and court time. 

If you are caught breaking any of California’s hoverboard laws, you may face fines of up to 100 to $250. Plus, separate fines may be given to a rider if there are multiple infractions. For example not wearing a helmet while going over the speed limit can incur a double penalty. 

One important violation some tipsy riders forget is that CVC section 21296 states it is unlawful to operate an E.M.B (Hoverboard) while under the influence of an alcoholic beverage or any drug, or under their combined influence. So you may be liable for a D.U.I if you’re caught hovering around California under the influence.

The consequences of breaking these laws go beyond just the possibility of a fine. Riding a hoverboard in an unsafe manner can result in serious injuries, so it’s important to follow the laws and ride responsibly.

West Coast Trial Lawyers Can Assist During a Hoverboard Accident

Some of the safety hazards of personal mobility devices include:

• Falling, injuries and accidents: Hoverboards can be unstable and hard to balance, especially for inexperienced users, leading to falls, fractures, and sprains. Being more accident prone can be a drawback when riding on a hoverboard.
• Collisions with pedestrians and vehicles: Hoverboards can travel at high speeds and have limited maneuverability, making it hard to avoid obstacles, pedestrians, and other vehicles. Also, you’re more at risk from negligent drivers and other motorists 
• Fire and explosion risks: Some hoverboards have been known to catch fire or explode due to faulty batteries, posing a significant safety risk to users and properties.

Law-abiding citizens will fare much better when operating hoverboards in the busy streets of California. But in some cases, even law-abiding citizens find themselves involved in accidents resulting in bodily harm from a hoverboard, in no fault of their own.

The professionals at West Coast Trial Lawyers can assist you after a hoverboard accident or scooter accident and give you a better perspective on your injuries. Our firm has recovered over 1.5 billion dollars for our clients and continues to strive towards excellence in personal injury law. 

If you or a family member is or has been a victim of a hoverboard accident call West Coast Trial Lawyers for a free consultation at 213-996-0790.  

FAQs

Question : Do I need to wear a helmet while riding a hoverboard in California?

• Answer: Yes, according to California law, you must wear a helmet while riding a hoverboard on public property.

Question : What is the maximum speed limit for hoverboards in California?

• Answer : The maximum speed limit for hoverboards in California is 15 mph.

Question : How old do I need to be to ride a hoverboard in California?

• Answer : You must be at least 16 years old to ride a hoverboard on public property in California.

Question : What are the consequences of breaking hoverboard laws in California?

• Answer: Breaking hoverboard laws in California can result in fines and attending safety classes. 

The post What Are California’s Hoverboard Laws? appeared first on West Coast Trial Lawyers.