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Jeffrey Michael Padilla
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Jeffrey Padilla’s Answers

169 total


  • Can I sue the manufacturer of an IVC filter that failed?

    The IVC filter was placed in the main artery in my left leg to stop a blood clot, but later failed leading to a below the knee amputation.

    Jeffrey’s Answer

    There is much that would go into evaluating this kind of a claim. The short answer is yes, you can file a suit for what happened. Whether that suit would be successful would depend on many factors, too numerable to list here with out knowing more. I urge you to consult with an experienced trial lawyer and be prepared to provide them with all of you medical history and as complete a description of the device as you can, including batch numbers that should be located in your medical records.

    I am very sorry that you were put through this ordeal and hope that you are able to find some justice.

    Good luck!

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  • Will insurance cover?

    The car registration is under person #1 and insurance is under person #2 and they both live in the same address. But person # 1 is not in the policy. Will the insurance cover if person # 1 got into accident with that car?

    Jeffrey’s Answer

    The fact that they aren't mentioned won't matter so long as Person #1 had permission to use the vehicle that Person #2 insured. However, if Person #1 was specifically excluded from the policy then you will likely have issues triggering the coverage.

    Good luck!

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  • Can a Paralegal help me file a civil suit? (car accident, 2 cars, 2 parties, both drivers of each car, on a residential street.

    Accident happened on a residential street in Long Beach, Ca. I was driving down the street and the other party had backed out of a driveway, which then I tried to swerve around him, attempting to avoid impact. Which, I had little space to do so be...

    Jeffrey’s Answer

    Only a licensed attorney can file a complaint on your behalf. In theory, you could have a paralegal assist you in preparing and filing the suit yourself. However, the paralegal could not sign documents on your behalf or appear in court on your behalf. Only you or your attorney of record may represent your interests to the court.

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  • My wife was found to be at fault hitting a pedestrian, she is being sued for $100,000.00.

    What type of lawyer should she be seeking to obtain?

    Jeffrey’s Answer

    You auto insurance carrier - or that of the owner of the vehicle she was driving if someone other than you or her - should provide a defense and arrange for counsel. If she was not insured at the time then you would need to find an attorney who specializes is civil litigation defense work.

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  • How to chose a attorney?

    We been in a car accident and I am wondering how to select an attorney?

    Jeffrey’s Answer

    Bottom line, the insurance companies do not make their best offer until the have their feet put to the fire. That won't happen until they believe you will take them to trial and have a jury decide the value. For those reasons, you should find an attorney with trial experience in auto cases. Consultations should be free.

    Good luck and I hope you are recovering well.

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  • Is 4 times the medical bill reasonable to request for slip and fall in grocery store.

    I had slipped and fall on a cherry pit in a grocery store 5/13. I have had medical attention, bills total $4100. 1 week off work and bed rest. Dr instructions: no more heels over 2 inches, change of life style and exercise daily to build up th...

    Jeffrey’s Answer

    It is far to difficult to evaluate an injury claim with the limited information provided here. Each case is unique. The factors that led to the cherry pit being on the floor are important to the evaluation, how long it was there is important. Whether video evidence exists and what it shows is important. After that, there is so much more to know about the injury, treatment and prognosis. I wish I could provide you with something concrete to rely on, but the reality is, if you feel you are not being treated fairly you should consult with a trial attorney. The consultation should be free and you have no obligations. Slip and falls in stores are very difficult to litigate and if you end up fighting for more, I believe you will need to find an attorney to represent you.

    I hope you continue to recover and can get back into heels at some point.

    Good luck!

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  • Missing out on career opportunities due to car accident.

    I was rear-ended on Nov 2. I suffered whip lash and other muscle sprains and strains. I am in physical therapy working on getting better. Prior to my accident I was pursuing a career in law enforcement and had made great progress. As of yesterday ...

    Jeffrey’s Answer

    A catagory of damages that is recoverable in cases like this includes lost opportunities. I urge you to contact an attorney and seek a free consultation. Ultimately I recommend you hire an attorney to pursue this claim for you as it will be complex.

    Insurance companies never make thier best offers until the threat of a trial is before them. They only take that seriously if you are represented by an attorney with trial experience.

    I am very sorry you are dealing with these set backs and hope you continue to recover and can continue your career in law enforcement.

    Good luck!

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  • I was working on my car at a friend's parents' house and I was under it. My friend tried to do me a favor and open the hood but

    he released the parking brake instead. The car was in the driveway, rolled and ran over me and I was injured somewhat severely. My friend's parents' homeowner insurer won't cover the injuries because of an auto exclusion in the hom...

    Jeffrey’s Answer

    You should speak to an attorney soon and provide them with more details about the incident, your injuries and the communications you have had with these insurers. From what you have described the denials of coverage do seem flawed. Your consultation should be free of charge. If your injuries are indeed severe, you should have a profesional representing you.

    I hope you are healing well.

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  • I'm a uninsured driver and was involved in a accident not at fault

    I had the green light and the other driver ran the red light I t boned there car I was unisured but not at fault the other drivers insurance is sueing me for damages an for I jury's any advice will be helpful please

    Jeffrey’s Answer

    A key benefit of having insurance is that the insurance company will pay for an attorney to defend you in these situations. Without insurance, you are left to fend for yourself. You will need to search for a firm that specializes in defending claims and may have to pay an hourly rate. Many of the attorney's in this forum are injury attorney's who work on a contengent fee - meaning we only get paid if we get a settlement or verdict on our client's behalf. That won't apply in your case.

    Keep in mind, if you were injured in the accident, you are still entitled to file a claim against the other driver as well. The lack of insurance would prevent you from recoving any non-economic damages (i.e., pain and suffering) but you could still recoup any medical bills or lost wages that resulted from the collision.

    If the police responded to the collision you should get a copy of the report by contacting the representative office. Try to locate witnesses to support your side of the story. With some luck, you may persuade the other side to drop the claim if you have support.

    Good luck.

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  • I had a bad accident a short while ago while jogging.

    I recently got hit by an SUV that had a sober driver with a bunch of drunk 20yrs olds inside. The driver of the vehicle is claiming that the drunk kids were playing around and teasing him and that he became distracted and that is why he hit me. ...

    Jeffrey’s Answer

    Recent legislation makes it difficult to avoid having to disclose the social security number. The defendant's have a right to know whether you have received any treatment from government programs which would then have a lien right to any recovery in the case. This is the purpose of the SSN request in most cases.

    In addition to the above, these attorney's are bound to keep you information secure and would end up in a lot of trouble if it were determined they revealed your private information to anyone outside of the claims evaluation process.

    I hope that provides you with some comfort in disclosing the number. That being said, if you were serioiusly injured and your current counsel is not comfortable moving forward, I urge you to contact an experienced trial attorney as soon as possible.

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