Padilla Law Group, LLP

December 2018 Archives

Strong trial strategy necessary for settlement talks

If you've been involved in a motor vehicle accident then you know it can be difficult to deal with the damages that have been inflicted upon you. You may be in a great deal of pain and suffering, both physical and emotional and nature, and your financial losses may be significant, including enormous amounts of medical expenses and lost wages. If your damages were caused by the negligence of another, then you may be able to impose liability and recover compensation by pursuing a personal injury lawsuit. While most people who think of lawsuits envision courtroom dramas where attorneys aggressively litigate for their clients, the reality is that most cases are settled well before hand. Yet, as we have discussed previously on this blog, there are very specific things that need to be considered when deciding whether or not to settle a case. Building a personal injury claim from the ground up a can take time, and it requires diligence and aggressiveness. The facts must be carefully analyzed and witnesses must be identified and questioned. Documents that can support your claim should also be obtained in a timely fashion so that the information contained within them can be adequately explored to see if it can lead to additional evidence. Then, a trial strategy must be developed that is aggressive, taking into account potential defense arguments. Only then can an individual present strong options at the negotiation table. The legal team at our firm has extensive experience handling personal injury lawsuits arising from car accidents. We know how to use the facts and the law to our clients' advantage, and our track record of success attest to our skills both at the negotiation table and in the court room. We encourage those who have been injured in a motor vehicle accident to consult with an attorney of their choosing to figure out the best way forward with their case.

Auto product defects and expert witnesses

It seems like these days there are a slew of automobile recalls due to defective parts. These parts, whether defective in their design, manufacturing or marketing, impose serious safety risks to unsuspecting motorists. In fact, motorists in California and nationwide are sometimes injured or even killed in accidents that are caused by defective auto products. Although there is nothing that can be done to undo an accident and the harm that it causes, victims and their families can choose to take legal action in hopes of imposing liability and recovering compensation for damages they suffered. However, in these types of lawsuits it is often very important to have an expert witness testify on one's behalf.

Recover damages after a child is hurt or killed in a car crash

It seems impossible to go a day without hearing about a big car accident occurring in California. Victims of these events often feel that seeking relief for their losses is impossible. If children suffered injuries or died in a car crash, parents may feel achieving compensation for the resulting losses is particularly difficult. By taking the right steps, parents can seek maximum relief for their children and themselves.

Drugged driving can cause serious auto accidents

It's no secret that drunk driving is extremely dangerous. After all, it can have a dramatic effect on an individual's ability to safely operate a motor vehicle. While law enforcement, public interest, and government organizations in California and nationwide make active efforts to curtail the occurrences of drunk driving, there is another problem that all of us on the road are facing: drugged driving. Depending on the type of drug involved, drugged driving can be just as dangerous if not more so than drunk driving. For example, a hard drug like heroin can cause excessive drowsiness as well as thinking and memory problems. Even softer drugs like marijuana can dramatically affect an individual's ability to drive safely. Marijuana can cause delayed reaction times and disturb an individual's ability to accurately perceive distance, speed and time. Drugged driving seems to be becoming more common. A 2017 survey found that almost 13 million drivers over the age of 16 admitted to driving under the influence of drugs. Nearly 44 percent of motorists killed in fatal car accidents in 2016 were found to be under the influence of illicit substances. As drugs like marijuana tend to become more acceptable in society, and the opioid epidemic continues to grow, drugged driving will likely be a problem for years to come. Those who were injured in an accident caused by individuals under the influence of drugs may want to consider taking legal action in hopes of imposing liability and recovering damages. If successful, these individuals may be able to recover compensation not only for financial losses like medical expenses and lost wages, but also for emotional harm. To learn more about how to prove negligence in a drugged driving case, victims should consider discussing their situation with a qualified legal professional.

Assessing settlement of a personal injury claim after a car crash

For many in California, the thought of taking legal action is terrifying. The possibility that litigation may be involved can be paralyzing. Yet, those who are injured in a car crash face this very real possibility. This means that they need to be prepared as fully as possible for litigation if they hope to impose liability and recover compensation for their damages. However, before a case goes to trial the parties usually have the opportunity to sit down and discuss the possibility of settlement. By settling a case, a victim can acquire compensation for his or her losses while avoiding the stress and costs associated with litigation. Defendants, on the other hand, may want to settle a case to avoid the potential of larger judgments against them if the matter goes to trial. Before agreeing to a settlement, a victim needs to consider many things. For example, the strength of a case may dictate that it is in a victim's best interest to take the matter to trial rather than settle. This means that a careful analysis of the facts at hand needs to be made. Witness testimony needs to be considered and possible defenses that may be raised during trial also need to be taken into account. By identifying a case's strengths and weaknesses, as well as the likelihood of success at trial, a victim can better assess whether or not accepting a settlement is in his or her best interest. Although settlement is a very real possibility in most personal injury cases, trial preparation is often key to spurring resolution. Therefore, car accident victims need to go ahead and build a strong legal foundation so that they are in a better bargaining position at the negotiation table.

Email Us For A Response

For A Free Case Evaluation, Contact Our Firm Today At 858-480-6182, Or Fill Out The Form Below.

We will discuss the aspects of your case and what forms of compensation you are entitled to.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

  • Super Lawyer
  • American Board Of Trial Advocates
  • AV Peer Review Rated
  • Listed In Best Lawyers| The World's Premier Guide

Padilla Law Group, LLP
320 Encinitas Blvd
Suite A
Encinitas, CA 92024

Phone: 858-480-6182
Fax: 858-720-9797
Map & Directions

To the Top