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Jeffrey Michael Padilla
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Jeffrey Padilla’s Answers

173 total


  • 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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  • 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!

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  • 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!

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  • 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.

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  • My toddler daughter, had an accident in her daycare, she got deep cut and got 14 stitches in her face, what action can we take

    What i was told is, she was running and fell down, and it happened because of her shoe, which came off and she fell down, she got lot of bleeding and i had to take here to emergency room , where she got 14 stitches. She is very young to tell me wh...

    Jeffrey’s Answer

    First, I would suggest contacting a trial attorney to provide more detailed account of the incident and photographs of the injury before it was treated - if you have them.

    I have a young daughter myself (3yrs) and I can only imagine what you are going through. It is difficult for them to explain exactly what happened.

    For now, unless you have any other witnesses, this may be a difficult case to pursue. Your child will not be a very reliable witness and people do understand that children fall and get hurt with out negligence on the part of their supervisors. However, if the wound is inconsistent with a fall to the ground and suggests she struck something hazardous that shouldn't have been there or fell from a height she should not have had access too, then you may be able to explore a claim for negligence.

    Again, there is simply much to little here to provide any meaningful advise. I would encourage you to contact an attorney for a formal consultation.

    I hope your child is recovering well.

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