Skip to main content
Jeffrey Michael Padilla
Avvo
Pro

Jeffrey Padilla’s Answers

165 total


  • What happens if i was at a complete stop and someone rear ends me and i have insurance but bike isnt registered?

    I was leaving work and made a left onto santa rosa ave. Just after 6pm. I went through a green stop light and slowed down for traffic and came to a complete stop. 1-2 seconds at most later a driver ran into the back of me on my streetbike.throwing...

    Jeffrey’s Answer

    Based on your description of the incident, the other driver was negligent. The fact your bike was no registered should not impact your claim for injury, if you are making one. The other driver should be responsible for any property damage or injury. If you feel you are not being treated fairly by his or your insurance, you should contact a personal injury attorney promptly. You will be provided a free consultation and can make an educated decision about how to proceed. Very glad to hear you are doing well, this could have been much worse.

    Good luck.

    See question 
  • I have no info on my accident lawsuit settlement, in 1.5 yrs it took i only signed a check and received 1/2 of it,thats all

    car accident in feb of 2013, did 3 months of chiro and was never kept up to date by lawyer until aug or sept of 2014 when i got a call saying come to my office and sign a check, ran to office and all i did was sign a check then got another check h...

    Jeffrey’s Answer

    This is an important discussion to have with your attorney and I suggest you contact them and request a summary of the settlement disbursement. I can tell you that many personal injury settlements result in the plaintiff getting half or even less than half of the gross settlement. This is because you have the legal fee, which in most injury cases is 1/3 of the gross figure. Then, you must reimburse the attorney for any costs incurred in the claim. These include court filing fees, record retrieval, deposition costs, etc. Finally, and most significantly, your medical care providers have a right to be reimbursed from the recovery. This can either be by way of a lien or contractual right of reimbursement embedded in your insurance policy. The policy language or nature of the lien will determine how much they are entitled to, but it is often nearly 1/3 of the gross recovery.

    This does not excuse your attorney's failure to provide you this information or accounting, but hope it helps you appreciate it is unlikely you were cheated.

    See question 
  • My siblings&I won a wrongful death settlement for our mom, my soon to be ex-husband wants half. Is he entitled, references pls?

    The case was started while we were married, negotiotions went on after I'd moved out of the house but not before divorce was filed. Divorce is still not final but he is threatening to take half because I want half of the rental deposit check that ...

    Jeffrey’s Answer

    I agree with the previous response. It is my understanding that personal injury recoveries are separate property, but you should be speaking to a divorce attorney about this issue. I urge you to consult with one prior to taking any further action.

    See question 
  • How much for my personal injury claim? I am ready to send in demand today.

    Loss benefits include both sick days and vacation days $6,200 Kaiser Medical for Catscan and MRI , Dr visits $2856 Chiropractor appts $1985 I was not at fault and hit from the rear on the highway. Car was a total loss. One of th...

    Jeffrey’s Answer

    • Selected as best answer

    More would need to known about your injuries and prognosis before putting a value on the case. However, assuming it is worth more than the $15k limits available, then you can demand those limits and pursue any remaining value from your auto insurer. You would have your underinsured limits minus the $15,000 recovered from the third party.

    Kaiser is controlled by Civil Code section 3040 which limits the amount they can recover from a third party settlement. If you are not represented, they cannot take more than half of your net recovery after subtracting any costs you have incurred in litigating the claim. If you were represented by an attorney, they would be capped at 1/3. I suggest using that as leverage to get them to take as small a figure as possible.

    All that being said, these are fairly complex issues and I encourage you to contact a trial attorney for a free consultation before moving forward. Once fully aware of the policy limits involved and injuries suffered, you can get a better picture of your options and decide whether it makes sense to hire them.

    Good luck.

    See question 
  • Looking for a personal injury Attorney

    I was injured on the property of a large corporation in another state. I believe the Co.'s negligence is the cause of my injury. Please help.

    Jeffrey’s Answer

    You will need to speak to an attorney who is licensed to practice in the State where the injury took place.

    Good luck.

    See question 
  • My husband was in a 3 car accident him #1insured w/ license, #2 a female w/ insurance and no license, #3 male license no insure

    two cars in front of #1 made a quick stop as well as my husband #2 stopped and # 3 hit #2, # 2 hit #1 and now # 2 insurance says its #3 fault but # 2 was also driving to close to #1 .

    Jeffrey’s Answer

    Without a specific questions I can tell you that you should never just accept what the other parties insurance provider is representing to you. We have handled many cases where our theme of the case runs against the collision report findings and other insurer's allegations. If your husband is injured you should consult with an experience trial attorney and let them take a look at the facts and circumstances surrounding this claim.

    I hope that he is doing well!

    Good luck.

    See question 
  • Is there any way I can get additional money for being injured at work other than worker's comp?

    I have a pending worker's comp case and I was wondering if I could also file lawsuit against defendant for pain and suffering, and additional damages, caused by the same injury?

    Jeffrey’s Answer

    More information would be required to properly evaluate this question. Work comp is the exclusive remedy for on the job injuries. However, if someone who was not a fellow employee caused your injuries then you may be able to pursue them. You work comp provider would have a lien and first right of recovery against that person too, but you would be able to claim additional damages beyond work comp benefits from that person.

    A common example would be a delivery driver who is hit by another motorist while on the job. This person would have a workers' compensation claim as well as a civil claim against the other motorist.

    I hope this helps. Good luck!

    See question 
  • Do I need a lawyer? Slip and Fell at work Jan 2014 and injured both knees in different spots and in different degrees.

    Only a RT knee MRI done in Jan 2014. Now May 22nd and finally a left knee MRI schedule for 5/29. I requested 7 times why are we only treating me based on a right Knee MRI when I fell differently on both. The right is healing the left has never...

    Jeffrey’s Answer

    At first glance, this at least sounds like you need to contact a workers' compensation attorney. I suggest meeting with one as soon as possible and certainly before your relocate.

    It remains unclear whether there is any claim available to you outside of workers' compensation. You cannot sue an employer for negligence. Workers' compensation will be your exclusive remedy with very few exceptions. However, if someone other than your employer is responsible for your fall, then you may be able to pursue them.

    I suggest speaking with a personal injury trial attorney soon as well. Provide them with a complete explanation of how the injury occurred and perhaps there is a claim you can make.

    I hope that you continue to recover and are able to find employement once you have relocated.

    Good luck!

    See question 
  • Can I still get a lawyer to help with my car accident after 3 months?

    The accident was not my fault. My son was also injured. I am having a hard time obtaining the information the insurance company (party at fault's insurance company) wants. Is it too late to obtain a lawyer for help?

    Jeffrey’s Answer

    No. You should have two years from the date of the accident to bring an action against the defendant. You son, if a minor, will not have that clock start running until his eighteeth birthday. That being said, you should contact an attorney promptly so that a proper investigation can begin. Do not wait until that clock is almost up.

    Good luck!

    See question 
  • Coverage for bodily injury?

    I was in an accident with my boyfriend and sufferered broken ribs. He was at fault in this accident and also charged with a DUI. His insurance is denying my bodily injury claim for two reasons: They consider me an additional insured since I liv...

    Jeffrey’s Answer

    You should set up a consultation with an attorney so they may get all the details and review any documents that you have. There are going to be many nuances to this claim and it should be handled by an experienced professional. The consultation will be free and any respectable injury attorney will not require any money from you upfront. It will be a portion of any proceeds recovered. From what you have mentioned above, it sounds like you have a viable case and I suggest to try and hire an attorney sooner than later.

    Good luck.

    See question