Skip to main content
Jeffrey Michael Padilla

Jeffrey Padilla’s Answers

169 total

  • What should I settle for?

    I was rear ended on the freeway. I got whiplash and have been going to PT for 3 weeks. They have offered me 1,600 for pain and 2,500 for medical bill. Just wondering if that is a good offer. I really dont have cash for legal help

    Jeffrey’s Answer

    There is much that goes into evaluating a injury claim. You are entitled to be reimbursed for any medical expenses and lost wages, both which have already occurred and which may occur in the future. Additinally, you are entitled to non-economic damages, commonly referred to as pain and suffering. This includes compensation for the way in which the injuries and limitations from the accident effected your ability to do day-to-day activities or enjoy socializing and recreating. In order to properly evaluate a case an attorney would need to meet with you and get to know you and how this accident has effected your life.

    You should also be wary of settling if you are still in treatment. Once you settle, you can never re-open the claim. If you symptoms persist and you need further treatment you will be prevented from seeking reimbursement from the person who caused the accident.

    Finally, a consultation with an injury attorney will be free of charge. If you elect to be represented by someone, they should only take a contingent fee (a percentage of the recovery) along with reimbursement for litigation costs. You would not have to pay anything out of pocket to a reputable injury attorney.

    I suggest you reach out to someone and provide them more information about the accident and you injuries.

    Good luck and I hope you recover quickly.

    See question 
  • How do I take action? Who do I contact? Do I even do anything?

    In Feb 2015 I had a total hip replacement at a Military hospital. I'm a spouse of an active duty service member. After 8 months of seeing Navy doctors, with them telling me I am fine each time, I see a civilian Doctor. Actually, I saw three. All t...

    Jeffrey’s Answer

    You need to schedule a meeting with an attorney in order for a thorough evaluation of your claim. I would not delay as there are strict statutes of limitation in which to bring medical malpractice actions. These limitation periods may be accelerated by the fact the defendant was in the course and scope of employment with the federal government when the negligence occurred. Ordinarily you have 1 year from the date you discovered the negligence or three years from the date of the procedure. In cases against government entities, these statutes can be accelerated to just six months with some exceptions. I don't know enough about your case to offer any opinions other than you should speak to someone soon. It sounds like you have a valid claim if it is not time barred.

    It is terrible what you have been put through and I hope you are able to find some justice for these harms.

    Good luck!

    See question 
  • Statute of limitations on auto accident case killing pedestrian. Claim of minor children of the deceased.

    Help for people I know. Mother was killed by a car (pedestrian accident). Her only heirs are her minor children (no husband). How long do they have to file a claim relating to this death? Would it be 2 years after their 18th birthday?

    Jeffrey’s Answer

    You are correct. That being said, it is never a good idea to wait on a claim. The children can be represented now so long as a guardianship is established to handle the claim on their behalf. If the claim is successful in generating a settlment or judgment, the funds would be placed in a controlled account to benefit the children. There is much that goes into a case like this and I recommend you consult with an attorney as soon as possible for a more thorough and complete evaluation.

    Good luck and prayers for the children during this very difficult ordeal. It is good they have someone like you to look out for them!

    See question 
  • Who is entitled to damages in a wrongful death case where the decedent is survived by a spouse and two children?

    Wrongful death case - how are damages allocated?

    Jeffrey’s Answer

    Here in California all three would have a right to recover and their may be others as well. Each recipients damages are valued seperately from the others and they are entitled to all of it, so long as the defendant is able to fully provide for each loss without compromising any of them.

    Wrongful death cases are particularly complex where there are multiple claimants. You should consult more thoroughly with an attorney and provide more detail about the incident which led to the passing as well as any information know about the party responsible.

    I am sorry for your loss and hope this was helpful.

    See question 
  • My name is Roy, January 3rd 2015 i fell down a flight of stairs at my apartment complex, Shattering my pelvis.

    I spent two months in the hospital, was stuck in a wheelchair for two months, Now i am using a walker. The doctors said i will need a hip replacement due to the arthritis that is already setting in. I am on disability until Jan. 2016. My life...

    Jeffrey’s Answer

    What you have spelled out above establishes a tremendous amout of harm caused by the fall and I am very sorry for what you are going through. However, whether you have a case or not will depend on more detail about the circumstances of the fall. An attorney would need to know exactly what caused you to fall that day. Was it poor lighting? Did a hand rail fail? Was a hand rail even present? Etc. Etc. Bottom line, an attorney will have to establish the owner of the building was negligent in some way. This is typically due to a hazardous condition existing which they either knew of or should have known of had they conducted reasonable inspections.

    I suggest you contact an injury attorney for a more thorough consultation. It will be free of charge and you will get a much better idea of the odds of success in litigation.

    Good luck!

    See question 
  • Should i get compensated ?

    i was involved in a car accident and i was disabled to work for a month and due to that i lost my job. should i hire a lawyer? how much money should i get due to a car accident and for loosing my job? what am entitled to?

    Jeffrey’s Answer

    • Selected as best answer

    There isn't enough information to give a answer about the value of your case, but it sounds like you do have one. In every case there are several factors to consider when evaluating the damages. This includes, but is not limited to, any medical expenses incured or which may be incured in the future, as well as any wages lost - again, both past and future.

    If liability is established, the responsible party should compensate you for the time you were away from work as well as for the future losses you may be incurring while out of work. You should show you are diligent in efforts to find new work while unemployed to support the claim it wouldn't be happening but for the accident.

    I urge you to contact an attorney soon and schedule a consultation. It will be free of charge and after hearing more details the attorney can provide more specific guidance to you.

    Good luck!

    See question 
  • 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.

    See question 
  • 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.

    See question 
  • 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.

    See question 
  • 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!

    See question