Recent Blog Posts

Orange County Personal Injury Evaluation

Scott Hughes — Thu, 25 Apr 2013 16:55:00 GMT

Personal Injury Evaluation Orange County

It is important to know that Orange County Personal Injury Attorney, Scott Hughes, does not settle a case until the exact nature of the client's medical condition has been determined. It may take several weeks or months to gather all information necessary, and in some cases it is impossible to obtain the necessary information because the doctor cannot answer many questions until treatment has been completed. Sometimes we have to wait one to two years from the date of the accident before we can receive a final medical condition statement. One of the most difficult requests we make of our clients is patience.

As soon as the investigation has been completed and all necessary medical information obtained, we will evaluate your case. We will attempt to arrive at a proper settlement figure. No settlement figure is ever accepted without the client's consent.

Contact Orange County Personal Injury Attorney Scott Hughes for your free Personal Injury Evaluation today at 714-423-6928!

Scott Hughes is an Orange County Personal Injury Laywer practicing in State and Federal Court.

Orange County Marijuana DUI Symptoms

Scott Hughes — Tue, 23 Apr 2013 16:45:00 GMT

Orange County has been vigoriously prosecuting Marijuana DUIs. Many people ask me about the symptoms of a Marijuana DUI.

When a person is under the influence of Marijuana or THC the following symptoms can be expected:

Horizontal Gaze Nystagmus: None

Vertical Gaze Nystagmus: None

Lack of Convergance: Present

Pulse rate: UP

Blood Pressure: UP

Temperature: Normal

Reaction to light: Normal

Pupils: Dilated

General Indicators:

Disoriented

Impaired perception of time and distance (time slows)

Increased appetite

Marked reddening of the conjunctiva

Possible paranoia

Relaxed inhibitions

Debris in mouth/ dry mouth

Decrease in muscle strength (flaccid)

If you or someone you know has been arrested in Orange County for a Marijuana or THC DUI, contact attorney Scott Hughes to discuss your DUI Defenses.

Scott Hughes is an attorney in Orange County practicing in State and Federal Court.

What is the Definition of Being Under the Influence in Orange County Courts?

Scott Hughes — Sun, 21 Apr 2013 21:40:00 GMT

"Under the Influence" is defined as Driving Ability Impaired to an Appreciable Degree.

"Under the influence" is defined as when the alcohol has so far affected the nervous system, the brain, or muscles so as to impair to an appreciable degree the ability to operate a vehicle in a manner like that of an ordinary prudent and cautious person in full possession of his faculties."

This definition is crucial in proving or defending your Orange County DUI case.

Contact an experienced Orange County DUI Lawyer to discuss your possible DUI defenses!

Scott Hughes is an Orange County attorney pacticing in State and Federal Court.

Orange County Spinal Injury Lawyer

Scott Hughes — Sat, 13 Apr 2013 01:26:00 GMT

Orange County Spinal Cord Injury Attorneys

The most common cause of spinal cord injuries are auto accidents, however spinal cord injuries can also be cause by falls or work related injuries. Spinal Injuries can be devastating and cause a permement loss of mobility.

It can be very difficult for people with quadriplegia or paraplegia to come to terms with the limitations of their condition. An experienced Orange County Personal Injury Lawyer can help you get the resources you need to help in this difficult time.

Attorney Scott D. Hughes is committed to helping people who have been paralyzed due to the negligence of another person. You can contact him by submitting your information on-line or calling him directly at 714-423-6928 to schedule your free initial consultation.

Committed to Helping You Recover the Maximum Amount Damages

The medical costs for a person who has suffered a spinal injury can be in the millions of dollars. Additionally, the lost wages pain and suffering will also be a major portion of your claim. It is imperative that you have a lawyer who compassionately represent your best interests to ensure that you obtain the maximum amount of damages for your medical treatment.

Contact Orange County Spinal Injury Attorneys at Law Offices of Scott D. Hughes at 714-423-6928

Scott Hughes is a Personal Injury Lawyer in Orange County practicing in State and Federal Court.

Orange County Personal Injury Lawyer Evaluation of Liability

Scott Hughes — Sat, 13 Apr 2013 00:54:00 GMT

Evaluating liability of potential defendant

The all-important issue for your Orange County Personal Injury Lawyer is whether the potential defendant's liability is clear or whether there is a substantial likelihood of a finding of comparative fault on the part of the client.

Currently, the insurance industry is taking a much more aggressive stance on comparative fault, finding comparative negligence on the most insubstantial and unsubstantiated evidence. The client must, therefore, be questioned on the factual details.

Depending on the amount of damages sustained, even if the client is as much as 50% at fault or more, the case may still be cost-effective to resolve or go to trial.

Even where there appears to be clear liability on the defendant, the attorney must question the client extensively on damages.

If you would like to speak to an experienced Orange County Personal Injury lawyer for a free evaluation of liability and damages, contact Attorney Scott Hughes at 714-423-6928.

Scott Hughes is an Orange County Personal Injury lawyer practicing in State and Federal Court.

Orange County Police Abuse Lawyer

Scott Hughes — Thu, 11 Apr 2013 18:59:00 GMT

Orange County Police Abuse and Excessive Force Lawyer

A civil action may be filed in state or federal court, or both, against a police officer or the officer's employer to recover damages for personal injuries or wrongful death sustained during an arrest.

Types of excessive force

The majority of excessive force cases involve the use of nondeadly force, that is, cases in which no firearm or other deadly weapon is used. The force may be administered in the form of a blow from a nightstick or the officer's fists, or by kicking or throwing the subject onto the ground or into an object.

Excessive force in use of firearm; Deadly force
Excessive force in beating case
Excessive force in use of Taser
Excessive force in use of dog
Car chase ramming

Determining Whether Police Used Excessive Force

In assessing whether the amount of force used was reasonable, appropriate factors to consider include the following:
the amount of force exerted
the means or instruments by which force was applied
the manner or method of applying force
the circumstances under which force was applied
differences in the size, age, sex, and relative strength of the participants
In addition, if there has been a history of difficulties between the parties, evidence of prior confrontations may also be admissible.

Damages recoverable by or on behalf of injured person

Past and Future medical expenses
Loss of past and future earnings
Pain and suffering from physical injuries
Mental anguish
Fright and shock
Anxiety, depression, and other mental suffering or illness
Anxiety as to future disease or condition
Parents' loss of minor's services
Loss of financial support from decedent's earnings and other income
Loss of parental advice and guidance
Loss of companionship of decedent
Mental anguish and grief of survivors
Loss of prospective inheritance as result of death of injured person
Funeral and burial expenses
Exemplary or punitive damages for malicious or reckless conduct
Prejudgment interest
Litigation fees and costs

Scott Hughes is a former United States Marine and Military Police Officer that helps victims of police brutality cases including wrongful police shoots and excessive force claims.

Contact Us for more information about your Orange County Excessive Force Claim.

Scott Hughes is a police abuse attorney in Orange County practicing in State and Federal Court.

10 Questions to ask yourself before Hiring an Orange County DUI Lawyer

Scott Hughes — Tue, 09 Apr 2013 22:45:00 GMT

Following your initial meeting with an Orange County DUI Lawyer and before you make your decision to hire him or her, ask yourself:

1) Did this lawyer listen to me?

2) Did this lawyer carefully inquire about the events preceding my arrest and charge, including the reason given by the officer for stopping me?

3) Did this lawyer ask me to detail all statements made by the officer, all statements I may have made to the officer and the conditions upon which those statements were made?

4) Did this lawyer ask for a detailed description of the area where I may have been tested.

5) Did this lawyer ask me about the names and contact information of any potential witnesses.

6) Did this lawyer inquire about the results of all of my tests?

7) Did this lawyer speak in a way that I could understand?

8) Did this lawyer welcome all of my questions?

9) Did this lawyer answer all of my questions to my satisfaction?

10) Did this lawyer seem defensive or avoid answering any of my questions?

Scott Hughes is an Orange County DUI Lawyer. Contact Us for more information on an Orange County DUI.

Orange County Top 10 Driving Distractions Involved in Fatal Car Accidents

Scott Hughes — Sat, 06 Apr 2013 22:56:00 GMT

When a person is distracted and unable to pay attention to driving, the risk of an Orange County Auto Accident significantly increases. Although this is common knowledge to everyone in Orange County, we might not know exactly which distractions are putting other drivers and pedestrians at risk. A study by Erie Insurance recently released the top 10 distractions.

Daydreaming is the most common distraction which leads to 62% of distracted driver accidents. Using a cell phone including talking, texting, dialing and listening was the second most common distration leading to accidents.

The study cited numerous other distractions including other occupants, reaching for an item in the vehicle, eating or drinking, adjusting the radio or controls, pets, and smoking.

Drivers in Orange County need to minimize the possibility of distraction in order to prevent fatal car accidents.

If you were involved in an accident in which the other driver was distracted, please contact Personal Injury Attorney Scott Hughes at 714-423-6928 or fill out our contact form.

Source: Insurance Journal, "Insurer Analyzes Top 10 Driving Distractions Involved in Fatal Car Crashes," April 4, 2013

Scott D. Hughes is a Personal Injury Attorney in Orange County practicing in State and Federal Court.

Orange County DUI - I was not Driving

Scott Hughes — Sat, 06 Apr 2013 16:00:00 GMT

Can the government prove that you were actually driving and that you were tested within three hours of driving?

In a DUI case, the Orange County Prosecutors must prove that you had 0.08% or more alcohol content in your breath or in your blood at the time of driving and that you had 0.08% or more alcohol content in your breath or blood at the time of the performance of a chemical test and that that test was administered within three hours after driving.

However, the three–hour time frame means nothing and does not apply if there is no evidence indicating the time you drove your vehicle. If the Orange County Proescutor cannot prove the time of driving, this three-hour presumption no longer applies and is rebutted. In addition, for the three–hour presumption to apply, the time of driving must be established by competent evidence, which is information that clearly proves a point and is then admissible evidence. But without this evidence, there is no start time from which to calculate three hours.

The time that you were driving can typically be proven by dispatch logs. When an officer makes a traffic stop, they transmit the information to dispatch, which then logs in that the officer has pulled you over, noting the start time. Most often, though, the police do not observe you actually driving your vehicle. In these situations, the government attempts to prove the time of driving from circumstantial evidence as opposed to direct evidence, which is more reliable. Therefore, circumstantial evidence may not be competent evidence to prove that you had been driving or the exact time you had been driving.

In order to prove that you had been driving, the police must eliminate every other possible driver. Once other possible drivers have been eliminated from consideration, your proximity to the vehicle is evidence from which a reasonable conclusion can be drawn that you were the driver. For example, if there is no evidence that you were the driver and there were other people at the scene who may have been driving, the government cannot prove that you had been driving nor can they prove the time that you had been driving.

If you have been arrested for DUI in Orange County but you were not driving at the time of arrest, you may have a defense. You should contact Orange County DUI attorney to discuss your case anytime 24/7!

Orange County DUI Checkpoint Lawyer

Scott Hughes — Tue, 02 Apr 2013 22:30:00 GMT

Guidelines for evaluating the intrusiveness of an Orange County DUI checkpoint stop:

• Decisions to establish checkpoints and regarding site selection and procedures should be made by supervisors and not officers in the field.

• Decisions about which motorists are stopped should be made by applying a neutral formula and should not be at the officer’s discretion.

• Primary consideration must be given to the safety of motorists and officers.

• The checkpoint must be at the most effective location to achieve the governmental interest, that is, on roads with high rates of alcohol–related accidents or arrests.

• Officers must exercise good judgment as to the time and duration of the checkpoints, considering effectiveness and safety.

• The checkpoint must appear to be duly authorized, with high visibility, warning signs, police vehicles and uniformed officers.

• The length of time each motorist is detained must be minimal. If the motorist does not display signs of impairment, they must be permitted to drive without further delay.

• If the officer observes signs of intoxication, the motorist may be directed to a separate area for field sobriety tests, at which point further investigation must be based on probable cause.

Child Victims of Medical Malpractice in Orange County

Scott Hughes — Mon, 01 Apr 2013 17:55:00 GMT

Children who are victims of medical malpractice in Orange County often suffer significant injury or death during birth. Birth injuries include cerebral palsy, shoulder dystocia, Erb's palsy, and other injuries that arise during pregnancy or at the time of birth.

Defects and neurological injuries cause at or before birth often affect the child and the family for a lifetime.

The legal basis for most Orange County Medical Malpratice cases involving children is the failure of the medical provider to timely diagnose and treat a medical condition or illness. The most common types of conditions or illnesses that five rise to child medical practice claims include:

Birth Injuries and Birth Defects
Cerebral Palsy
Erb's Palsy
Shoulder Dystocia
Jaundice
Meningitis
Pneumonia
Appendicitis
Testicular Torsion
Lyme's Disease
His Dysplasia

To pursue an Orange County Medical Malpractice lawsuit, it is necessary to hire an experienced Medical Malpractice Attorney to review the medical records and forward the materials to an experienced medical expert in the field.

For more information, contact Orange County Medical Malpractice Attorney, Scott Hughes for a free consultation.

Orange County Mesothelioma Lawyer

Scott Hughes — Mon, 01 Apr 2013 00:00:00 GMT

Orange County Mesothelioma and asbestos-related injury victims deserve justice. Orange County Mesothelioma lawyer Scott D. Hughes works tirelessly for justice for mesothelioma victims.

If you or someone you know has been diagnosed with mesothilioma, call Scott D. Hughes at 714-423-6928 or fill out our online contact form for a free consultation.

Scott D. Hughes provides personalized and professional legal representation for asbestos victims in Orange County, California. Have a local attorney handling your case, that you can call and have personal contact with throughout all stages in your case.

Scott Hughes has successfully handled numerous personal injury cases in Orange County. Let him put all of that experience to work for you and your case.

Orange County personal injury attorney Scott Hughes also handles other serious and catastrophic injuries, construction accidents, crime victim claims, car and motorcycle accidents, employment discrimination claims, medical malpractice, nursing home neglect cases.

Call an Orange County Mesothelioma and Personal Injury Lawyer Today

Help for your serious personal injury or mesothelioma injury is a phone call away. Contact Scott D. Hughes, today for a free case evaluation. Call 714-423-6928 or fill out our online contact form.

Scott Hughes is an Orange County Personal Injury Attorney practicing in both State and Federal Court.

Orange County YAZ Lawsuits

Scott Hughes — Sun, 31 Mar 2013 00:20:00 GMT

Yaz Injury Claims

Many healthy young women have suffered serious injuries from taking birth control pills such as YAZ. Women have reported dangerous blood clots, heart attacks, strokes and other serious health problems that can be traced to their use of these oral contraceptives.

Both Yaz and Yasmin have been linked to serious, life-threatening side effects including:

Blood Clots
Death
Heart Attacks
Kidney Failure
Gallbladder Disease
Liver Disease
Liver Tumors
Myocardial Infarction
Pulmonary Embolism
Strokes

Yaz Victims Win Personal Injury Settlements

Bayer, manufacturer of Yaz and Yasmin, has already paid out more than $402.6 million to settle cases with the victims who filed Yaz blood clot claims. The average case was paid out $212,000 for medical bills, lost income and pain and suffering.

Scott D. Hughes cares about the health of women, and will fight for you and all women who have been injured by these dangerous and defective drugs.

We want to help those who have experienced these serious injuries, so that they can obtain the compensation they deserve for their pain and suffering.Contact us today to learn more about Yaz and Yasmin lawsuits.

Scott Hughes is an Orange County YAZ and Personal Injury Attorney practicing in State and Federal Court.

Orange County DUI Accident Lawyer

Scott Hughes — Sat, 30 Mar 2013 22:16:00 GMT

If you were involved in an Orange County DUI accident in which there was either personal injury or property damage, and you are found to be under the influence of alcohol or drugs or both, you need an experienced lawyer by your side to resolve your case without jail.

Depending on the circumstances, your case can be charged as either a felony or a misdemeanor. However, due to the collision, Orange County Prosecutor's always recommend jail time when there is a DUI along with a traffic collision.

Skilled Orange County DUI Accident Defense Lawyer

Attorney Scott D. Hughes has extenstive experience representing people accused of DUI Accident's in all of Orange County Courts. Scott Hughes can protect your rights at Court and before the DMV.

Regardless of circumstances and your prior criminal record, you will be treated with respect and your defense will be tailored to your specific needs and your specific case.

Scott Hughes will work hard to identify the best strategy to negotatiate a favorable resolution or alternatively prepare your defense for trial.

When involved in an Orange County DUI Accident, there are no substitutes for having an experienced DUI Lawyer who regularly practices before all Orange County Courts, Judges and Prosecutors.

Contact attorney Scott Hughes for your free consultation.

Orange County DUI Trial Lawyer

Scott Hughes — Sun, 10 Mar 2013 03:06:00 GMT

Jury Trial for DUI in Orange County, California

The law establishes how much time should or should not elapse between arrest and trial in a criminal case. However, those time limits can be waived so that you or your lawyer can obtain discovery (evidence), hire an expert or launch an independent investigation of the facts of the case.

There are two types of trials – jury trials and court trials. A court trial is done without a jury, so the judge is both the judge and the jury. It is almost never advisable to elect to have a court trial. Because of this, I will discuss only the jury trial.

As I explained, before the trial begins your attorney will be able to argue which evidence may or may not be admissible during trial. Once these motions are heard and ruled upon, your attorney will then choose a jury. The process of selecting jurors from a large pool of potential jurors is called voir dire.

After the jury is selected, the trial begins with each side presenting opening statements. The prosecutors go first, presenting their side of the case. Then your lawyer will give the jury an overviewof your version of what happened. In many ways, this can work in your favor because jurors are more likely to remember what they heard last.

During the trial, witnesses may testify and the lawyers will present evidence. Your lawyer may likely call upon an expert to testify in your behalf. Their testimony may focus on the chemical tests, the field sobriety tests, accident reconstruction or other scientific aspects of your case.

Once all the evidence is presented and the lawyers give their final arguments, with the prosecutors having the last word, the jury decides whether you are guilty or not guilty.

If the jury finds you not guilty, you will be free to leave and you can never be tried again for the same crime. If you are found guilty, the case will be continued for sentencing at a later date. You may also choose to be sentenced right away.

If the jury cannot decide whether you are guilty or not guilty, this is called a hung jury. The judge will give additional instructions and encourage the jury to decide. But if they still cannot decide, the case will be declared a mistrial and you could be tried again. However, in a typical first offense DUI, the district attorney’s office will most likely dismiss the case if the jury hangs.

Of course, if either side doesn’t agree with the verdict, the misdemeanor can be appealed to the Appellate Department of the Superior Court.

Scott D. Hughes is an Orange County Trial Lawyer practicing DUI and Criminal Law.