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Jeffrey Michael Padilla

Jeffrey Padilla’s Answers

165 total

  • How to chose a attorney?

    We been in a car accident and I am wondering how to select an attorney?

    Jeffrey’s Answer

    Bottom line, the insurance companies do not make their best offer until the have their feet put to the fire. That won't happen until they believe you will take them to trial and have a jury decide the value. For those reasons, you should find an attorney with trial experience in auto cases. Consultations should be free.

    Good luck and I hope you are recovering well.

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  • Is 4 times the medical bill reasonable to request for slip and fall in grocery store.

    I had slipped and fall on a cherry pit in a grocery store 5/13. I have had medical attention, bills total $4100. 1 week off work and bed rest. Dr instructions: no more heels over 2 inches, change of life style and exercise daily to build up th...

    Jeffrey’s Answer

    It is far to difficult to evaluate an injury claim with the limited information provided here. Each case is unique. The factors that led to the cherry pit being on the floor are important to the evaluation, how long it was there is important. Whether video evidence exists and what it shows is important. After that, there is so much more to know about the injury, treatment and prognosis. I wish I could provide you with something concrete to rely on, but the reality is, if you feel you are not being treated fairly you should consult with a trial attorney. The consultation should be free and you have no obligations. Slip and falls in stores are very difficult to litigate and if you end up fighting for more, I believe you will need to find an attorney to represent you.

    I hope you continue to recover and can get back into heels at some point.

    Good luck!

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  • Missing out on career opportunities due to car accident.

    I was rear-ended on Nov 2. I suffered whip lash and other muscle sprains and strains. I am in physical therapy working on getting better. Prior to my accident I was pursuing a career in law enforcement and had made great progress. As of yesterday ...

    Jeffrey’s Answer

    A catagory of damages that is recoverable in cases like this includes lost opportunities. I urge you to contact an attorney and seek a free consultation. Ultimately I recommend you hire an attorney to pursue this claim for you as it will be complex.

    Insurance companies never make thier best offers until the threat of a trial is before them. They only take that seriously if you are represented by an attorney with trial experience.

    I am very sorry you are dealing with these set backs and hope you continue to recover and can continue your career in law enforcement.

    Good luck!

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  • I was working on my car at a friend's parents' house and I was under it. My friend tried to do me a favor and open the hood but

    he released the parking brake instead. The car was in the driveway, rolled and ran over me and I was injured somewhat severely. My friend's parents' homeowner insurer won't cover the injuries because of an auto exclusion in the hom...

    Jeffrey’s Answer

    You should speak to an attorney soon and provide them with more details about the incident, your injuries and the communications you have had with these insurers. From what you have described the denials of coverage do seem flawed. Your consultation should be free of charge. If your injuries are indeed severe, you should have a profesional representing you.

    I hope you are healing well.

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  • I'm a uninsured driver and was involved in a accident not at fault

    I had the green light and the other driver ran the red light I t boned there car I was unisured but not at fault the other drivers insurance is sueing me for damages an for I jury's any advice will be helpful please

    Jeffrey’s Answer

    A key benefit of having insurance is that the insurance company will pay for an attorney to defend you in these situations. Without insurance, you are left to fend for yourself. You will need to search for a firm that specializes in defending claims and may have to pay an hourly rate. Many of the attorney's in this forum are injury attorney's who work on a contengent fee - meaning we only get paid if we get a settlement or verdict on our client's behalf. That won't apply in your case.

    Keep in mind, if you were injured in the accident, you are still entitled to file a claim against the other driver as well. The lack of insurance would prevent you from recoving any non-economic damages (i.e., pain and suffering) but you could still recoup any medical bills or lost wages that resulted from the collision.

    If the police responded to the collision you should get a copy of the report by contacting the representative office. Try to locate witnesses to support your side of the story. With some luck, you may persuade the other side to drop the claim if you have support.

    Good luck.

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  • I had a bad accident a short while ago while jogging.

    I recently got hit by an SUV that had a sober driver with a bunch of drunk 20yrs olds inside. The driver of the vehicle is claiming that the drunk kids were playing around and teasing him and that he became distracted and that is why he hit me. ...

    Jeffrey’s Answer

    Recent legislation makes it difficult to avoid having to disclose the social security number. The defendant's have a right to know whether you have received any treatment from government programs which would then have a lien right to any recovery in the case. This is the purpose of the SSN request in most cases.

    In addition to the above, these attorney's are bound to keep you information secure and would end up in a lot of trouble if it were determined they revealed your private information to anyone outside of the claims evaluation process.

    I hope that provides you with some comfort in disclosing the number. That being said, if you were serioiusly injured and your current counsel is not comfortable moving forward, I urge you to contact an experienced trial attorney as soon as possible.

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  • Do I have a case?

    I was in an accident. And the guy I hit. Drove off and ran me over. I have extensive damage to my body. My insurance covered 300,000 in medical bills. But I was told that my insurance has a lien on me, and whatever money I get will go to them first.

    Jeffrey’s Answer

    Yes, you have a case. Much more needs to be determined before any estimate of the success of that case can be evaluated. I suggest you consult with a personal injury attorney for a more thorough review of the facts and circumstances.

    Regarding the lien issue, yes, that is also true. However, there are limits to how much they can take. For example, they should not be able to take all of your recovery if you file a claim against the other driver and receive a judgement or settlement. There is a law in CA that should limit Kaiser's recovery to 1/3 of the net recovery if you are represented by an attorney and often a good attorney can negotiate that figure down even further.

    Again, you would be best served by setting up a free consultation.

    Good Luck!

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  • What should I expect next?

    My father was killed 8-25 by a hit and run drunk driver, he is partly at fault because he was walking but he was killed. The driver who left a bar admits to 6 beers in 2 hours, but it could not be proven that he was drunk at the time because he ra...

    Jeffrey’s Answer

    I am terribly sorry for what your family is going through. While I am not a criminal attorney, and I defer all responses in that arena to them, I do believe I have some information that could be useful to you.

    While the other driver is likely going to prison, you still have the option of making a claim against him for the wrongful death of your father. If the driver had little or no insurance and no assets worth pursuing, you do have another option in the civil arena. You can pursue any available coverage under your father's automobile insurance.

    Find out if you father had auto coverage. If so, call and request a copy of his declarations page. This will provide you with an inventory of the coverages he purchased and the policy limits of each. Look for "Uninsured Motorist Coverage" and find out how much he had.

    If the other driver had insurance, then you must subtract the amount of his coverage from your father's uninsured motorist coverage to come to the amount available to his heirs. For example, if your father had $100,000 in uninsured motorist coverage and the other driver had $15,000, then you have $85,000 to pursue from your father's insurance after collecting the $15,000 from the other driver.

    You mentioned that your father may share some responsibility. This would impact the uninsured motorist claim, but should not negate it.

    I suggest you contact a personal injury attorney to discuss this if you wish to investigate the option further.

    My condolenses to you and your family. I hope you find answers and justice.

    Good Luck.

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  • My husband and I were in Beverly Hills on the sidewalk when we were run down by a speeding cab.

    We were on holiday from the uk. We were both quite badly injured with permanent scars and fractures. The cab driver ran a red light and was speeding around 50-60 mph. Obviously were in the uk and he is in the long would you estimate the c...

    Jeffrey’s Answer

    You would need to file the claim here and if it went to formal litigation, the jurisdiction would remain California. There are many factors that need to be considered when estimating time and I suggest that you consult with an attorney here in California to get a more clear picture. That being said, I can tell you that a claim can settle fairly quickly or, if it requires a jury trial, could take two or more years to be decided.

    I am very sorry for the horrible injuries that you suffered and hope that you are recovering well. If the facts as you state them are accurate, then liability sounds very clear and the primary issues in resolving the case would be the extent of your injuries and the value placed on all catagories of damages you suffered. Again, for a more complete explanation of your situation more facts would need to be known and I believe you would be well served by consulting with local counsel. Any experienced trial attorney in California could provide a free consultation over the phone.

    Best wishes!

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  • I am taking Hertz to court. I have all the evidence needed.

    Hertz knew the terrible head on collision I was involved in as a passenger. With going threw the windshield, airlifted on life support, torn Aorta, instant comatose, the Hospital had to drill a hole in my skull to release the pressure off my brain...

    Jeffrey’s Answer

    I am very sorry for your troubles. It seems that your message got cut off before your question was posted. Bottom line, with the injuries you are dealing with and the circumstances of the accident, you need to consult with an experienced trial attorney as soon as possible. You have two years from the date of the accident to file an injury claim or forever be barred - with rare exceptions - and it sounds like you may be approaching that deadline. Do not wait, contact an attorney as soon as possible. Conslutations are free of charge.

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