Jeffrey Michael Padilla’s Answers

Jeffrey Michael Padilla

San Diego Car / Auto Accident Lawyer.

Contributor Level 13
  1. Involved in a auto accident where air bags did not deploy on impact, causing head and chest injury. Do I seek legal advice?

    Answered 7 months ago.

    1. Jeffrey Michael Padilla
    2. David Ian Schoen
    3. Hillary Arlene Jones
    4. Robert Bruce Kopelson
    5. Scott J. Corwin
    6. ···
    11 lawyer answers

    If there is evidence to suggest a mechanical failure caused injury that wouldn't have otherwise occurred, then you may well have a claim. I recommend you contact an experienced trial attorney for a more thorough evaluation of your claim. Even if you don't end up with a claim against the vehicle manufacturer, there may be other options for you to receive compensation for your harms and losses. Good luck.

    10 lawyers agreed with this answer

  2. I was in a hit an run accident, the guy hit me on my driver side, should I just go through my insurance or get a lawyer?

    Answered over 1 year ago.

    1. Malosack Berjis
    2. Albert Lee Crosner
    3. Sagar P. Parikh
    4. Jeffrey Michael Padilla
    5. Tanya Marie Bachand
    6. ···
    12 lawyer answers

    Your own insurance company may provide you reimbursement for medical expenses, but that is it. If you have other damages from the accident or want compensation for your pain and suffering you will most likely have to go through the insurance of the defendant. If you damages are small you could probably handle it yourself and even take them to small claims court if they don't satisfy your demands (up to $7500 if the other driver has insurance - $10,000 if he doesn't). If you think...

    10 lawyers agreed with this answer

  3. Why would I need a lawyer??

    Answered over 2 years ago.

    1. Cory Russell Weck
    2. Gordon Ralph Levinson
    3. Marc Sean Hurd
    4. Jeffrey Michael Padilla
    5. Jacob Adam Regar
    6. ···
    14 lawyer answers

    It sounds like you were involved in serious accident and are dealing with substantial injuries. Under those circumstances, it is recommended to at least speak to an attorney before deciding to settle the case. Many different options are out there for you that you may not be aware of. For example, if the other driver's coverage limits are so low that they do not fully compensate you for your medical expenses, lost earnings and impacts on your quality of life while recovering, you may be...

    10 lawyers agreed with this answer

  4. I want defendant's insurance company's settlement to state settlement is for medical and pain and suffering, will they do this?

    Answered almost 3 years ago.

    1. Jeffrey Michael Padilla
    2. Christian K. Lassen II
    3. Christopher R. Lassen
    4. Lars A. Lundeen
    5. ···
    6 lawyer answers

    The first this you should know is that in California the UIM limits that you have are reduced by the available coverage from the responsible third party. Therefore, regardless of how you couch the resolution of your third party claim, your remaining UIM limits will be $25,000. If you can argue and evidence that you total claim - past medical bills, lost wages and pain and suffering - is worth in excess of $50,000 you should be able to get the full UIM limits available to you. Be ready...

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  5. California Department of Industrial Relations shut down the ride after injury. I am afraid to settle without legal consultation.

    Answered over 1 year ago.

    1. Malosack Berjis
    2. Michael Shemtoub
    3. Jeffrey Michael Padilla
    4. Wendy Ha Chau
    5. Christian K. Lassen II
    6. ···
    11 lawyer answers

    I recommend consulting with an experienced trial attorney. The consultation should be free of charge and you can provide the attorney with the full story. Based on the limited information above, it sounds like your daughter continues to have pain and discomfort. At the very least, I would discourage any resolution until the full magnitude of her injuries is known and she has been given a reliable prognosis. Good luck and I hope your daughter heals soon.

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. My brand new car (purchased 1/1/13) less than 700 miles has been in no fault accident, I am 8 months pregnant.

    Answered almost 2 years ago.

    1. Jeffrey Mark Adams
    2. Jeffrey Michael Padilla
    3. David J. McCormick
    4. Neil P. Flynn
    5. Charles William Franklin
    6. ···
    10 lawyer answers

    As others have stated, you need to get appropriate medical care, first and foremost. You should contact your own auto insurance to see if there is medical payment coverage to assist you with any charges your health insurance doesn't cover. Of course, you should consult with a injury attorney as well. There is much more information that is required before a complete evaluation can be made. Yours will be a complex case that would certainly justify the involvement of experience trial counsel....

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Ccan a lawyer take a fee out of a lein

    Answered over 2 years ago.

    1. Donald Steven Sjaarda
    2. Jeffrey Michael Padilla
    3. Marc Sean Hurd
    4. Norman Gregory Fernandez
    5. Christian K. Lassen II
    5 lawyer answers

    Short answer, probably is correct. Medicare has very clear and strict rules about how much they are entitled to be paid on a lien. One of the factors in determining what they get back includes compensating the attorney who did the work to generate the funds that the lien is drawn from as well as pay a pro rata share of the costs that were incurred in generating that settlement. Of course there is much more that goes into the calculation of what medicare is entitled to and what your...

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. I was in a car accident 1/24/12. The woman hit me from behind (we were both moving).

    Answered over 2 years ago.

    1. Jeffrey Michael Padilla
    2. David Thien Tran
    3. Rabeh M. A. Soofi
    4. Jeremy Laurence Tissot
    5. Jeffrey Mark Adams
    6. ···
    8 lawyer answers

    Anytime you are looking to file an injury claim with another party's insurance company you should contact a lawyer. The consultation should be free. You can bring the accident report and any medical records you have so that the attorney can properly evaluate the case for you. An insurance company accepting fault for the accident does not mean they are going to reimburse you for all your medical bills or pay you what you deserve. An attorney will be able to help ensure that you are being...

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Does uninsured motorist coverage the same as underinsured motorist coverage?

    Answered about 1 year ago.

    1. Jeffrey Michael Padilla
    2. Glenn Stephen Guenard
    3. Richard Andrew Harting
    4. Christian K. Lassen II
    5. Manuel Alzamora Juarez
    6. ···
    6 lawyer answers

    Yes, your uninsured motorist coverage is the same as underinsured coverage. However, here in California your insurance coverage does not "stack" on top of the third party coverage. Your insurance receives an offset for any amount recovered from the other driver. They would also receive an offset for any benefit received from your employer if this was a work injury. Unfortunately, under these circumstances it appears that the $15,000 that you have in your own coverage will be negated after...

    9 lawyers agreed with this answer

  10. I have a UIM claim in CA. My ins co has been put on notice. Is my UIM adjuster supposed to send Statute of Limitation letter?

    Answered almost 2 years ago.

    1. Cory Russell Weck
    2. Hee Joong Kim
    3. Jeffrey Michael Padilla
    4. Steven Mark Sweat
    5. Christian K. Lassen II
    6. ···
    9 lawyer answers

    You should consult with an attorney as soon as possible. There are many other issues to consider before accepting settlement with truck's carrier. Just one example would be making sure that the driver was not in the course and scope of any employment. If so, this could trigger liability on his/her employer. Additionally, there will be issues to address regarding the reimbursement rights of your med pay provider and health insurance companies once you do resolve the claim. Lastly, the...

    9 lawyers agreed with this answer

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