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Jeffrey Michael Padilla
Avvo
Pro

Jeffrey Padilla’s Answers

168 total


  • I was offered 28,000 for settelment, is this a good amount?

    Rear hit accident,car damage of 2,500, there were other things wrong that I fixed out of pocket because my lawyer said I had to take the 2,500. Had a whiplash, bruised ribs, two disc bulges one of them pressing on a nerve, and lots of pain and suf...

    Jeffrey’s Answer

    Having trust in your representation is so important and I am sorry you have lost this with your present counsel. It would be impossible for anyone on AVVO to tell you what a "good" settlement would be without knowing more about you and how your life has been impacted by these injuries.

    Based on the information provided, it certainly sounds like you should be getting more for what you went through, but as noted above, I would reserve judgement on the evaluation until hearing the entire story.

    I would urge you to consult with another attorney to make sure you are getting a fair deal. Be prepared to share details from the police report, you medical diagnosis and any past injuries you have had to similar body parts. I would also be prepared to discuss any time from work you missed and how your medical bills are presently being covered.

    I hope you are able to find either comfort in your current situation or a new attorney you can trust soon and begin getting your life back.

    Good luck!

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  • What is the reasonable amount to accept from an insurance claim offer?

    I am a pedestrian that was hit in a crosswalk by a driver. I was ok after being hit by the driver and knocked back into a lane. I received minor injuries, bruises all over my body and a very sore shoulder from falling on my back and side.A police ...

    Jeffrey’s Answer

    I would never encourage a client to settle before knowing the full extent of the injuries and consequences. Once you accept a settlement the case is over, you can't go back and request more. Here, if you are still treating for your shoulder injury and still have pain in your spine, I would wait to settle. If you end up requiring ongoing treatment or a surgery on your shoulder you claim will be worth much more than the present offer.

    Based on the limited information provided, that is the best advise I can offer. The value of a person's claim is very unique to them and their circumstances. If you would like more information I recommend you consult with a personal injury attorney. Any reputable attorney will provide this service free of charge.

    Good luck.

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  • On 9/5/13, I was hit by a raised pickup while I was crossing the street on my bicycle. I was in the crosswalk.

    A 75 year old man in a raised pickup was making a right turn while looking to the left and didn't see me in the crosswalk. My left femur was shattered. I had to have emergency surgery & blood transfusions. I now have a rod & clamps in my left leg ...

    Jeffrey’s Answer

    In California, using the term "full coverage" simply means the person has all the coverage required by law. It does NOT mean they bought as much coverage as the company would sell. Sadly, in California, the mandadory coverage is only $15,000. Hasn't changed in about 40 years.

    It is also often the case the defendant who hit you may be judgment proof. This simply means they don't have enough assets to justify the costs and effort of litigation. You could get a million dollar judgment against them but never see a dollar of it because they file for bankruptcy and your judgment is last in a long line of other debts resolved.

    This doesn't mean there aren't other options. Make sure you current attorney had check to see if the driver was in the course and scope of their employment. This could bring their employer in as a defendant. They also should check your own auto policy for potential coverage via your underinsured bodily injury limits.

    I am very sorry for what you are going through and hope you found this info helpful. All the best to you as you continue with your recovery.

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  • 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.

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  • 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.

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  • 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.

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  • 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.

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  • 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.

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  • 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.

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  • 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!

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