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Jeffrey Michael Padilla

Jeffrey Padilla’s Answers

173 total

  • For an injury attorney does it matter if you choose one from a small firm versus a large firm? What questions should I ask?

    I was involved in an accident and hit by a drunk driver.

    Jeffrey’s Answer

    The primary concern should be your comfort level with the attorney who is going to represent you. Find someone you are comfortable with and feel you can trust.

    As it relates to the actual litigation of the matter, I would make sure to ask what trial experience the attorney has. The insurance industry will not get to their highest offer until they are forced to consider the consequences of a trial. These company's know which attorneys will take them to a jury trial and which will not. Make sure you hire a trial attorney.

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  • Can something be done for airbags not deploying during a collision?

    Friday, June 12th, 2015 my fiance was in a total loss collision (deemed total loss by my insurance co) where there was extreme damage to the car (mostly the front). He has extensive facial damage that definitely could have been lessened had the ai...

    Jeffrey’s Answer

    There may be a valid claim here for your fiance. However, much investigation needs to be done and I would urge you to contact a litigation attorney for a complete intake. I would also encourage you to try and maintain access to the vehicle so the attorney can have a specialist examine the vehicle and preserve any information before it is lost in the scrap yards.

    I am sorry this happened to him and hope he has a speedy recovery without any lingering effects.

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  • In a car accident, why is it viewed as the fault of the trailing car, if there is a collision?

    I was in a car accident and not certain if I was set up by the person in front of me. They stopped partway through an intersection and I collided from behind.

    Jeffrey’s Answer

    California Vehicle Code section 22350 says you are violating the law if you are driving “too fast for the conditions.” In my years of practice, this is the single most often cited violation in traffic collision reports and I would be willing to wager it is cited in every rear end collision. Essentially, if a vehicle is following another car and is unable to stop when the other one does, they have violated this statute. Additionally, Vehicle Code section 21703 permits an officer to cite a driver for following too closely.

    Therefore, if a driver is unable to stop and strikes the rear of another vehicle, the officer is likely to conclude one or both of those statutes was violated. Being able to reference the violation of those vehicle codes becomes the foundation of a negligence claim against the offending driver.

    This doesn't mean you cannot overcome it, but proving someone stopped with the intent to cause an accident is extremely difficult.

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  • I were in a car accident on April 17 2015 A truck hit me from behind, I went to the doctor was informed that I need back therapy

    I wanted to know if there is anyway I could have my insurance pay for my back therapy as of now I am Paying out of pocket

    Jeffrey’s Answer

    If you are asking whether your health insurance should pay for your treatments, then yes. They should. There is no reason for them to deny your health coverage under those circumstances. If you do not have health insurance, you still may have "medical payments" coverage on your own auto policy. Check you declarations page - if you don't have one call your insurer and ask them to send you one. The medical payments coverage is there to allow you to get medical treatment after an accident. If you have insurance, but still have co-pays or your doctor suggests treatments not covered by your health insurance, you can use the medical payments coverage for these items as well.

    Of course, the other driver will ultimately be responsible for your injuries. However, his insurance company will not pay your medical bills one at a time. They will want to negotiate a one time settlment for all injury losses. Once you settle with them, you will be forever barred from seeking more if you injuries get worse. For these reasons, it is not recommended you settle the claim until your injuries have healed or at least got to the point your prognosis is established.

    Any reputable injury attorney will provide you with a more complete evaluation at no charge and I would encourage you to consult with someone if you believe your injuries are serious.

    I hope you are feeling better soon!

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  • Father got chemical poisoning - need an experienced lawyer to go after company. Lawsuit*

    My father got chemical poisoning at his residence in early January. The chemical company did not post any signage that the area around the development would have chemicals. Not until over a month later did they post anything. We called the landlor...

    Jeffrey’s Answer

    Failure to warn is often a viable avenue in which to make a claim in these circumstances. The question becomes, "Who should have provided the warning?" You say your father was at his residence. Does he own the property or is he renting? If renting, the claim may end up being against the landlord or whomever the landlord hired to release the chemicals. An attorney will have a lot more than this to consider in a claim such as this. I urge you to reach out to an attorney for a free consultation and be prepared to provide as much information as you can about how the chemical came to be on the property, the type of chemical, and - of course - information linking the symptoms your father is suffering from to the exposure. I am very sorry for what your father is going through and hope you are able to find justice for what happened.

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  • 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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