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Questions Answered by Joel Gary Selik
4 Answers | Asked in Personal Injury for California on
Q: What is the normal attorney Fees for personal injury. I was told 331/3 plus 1,000 for each deposition and paper request

Can I request to see the settled amount that in insurance company paid out on the law suit. Is it true that Medi-care needs to be re-embured once the award has been granted? How do I know if I have hired the right honest attorney for personal injury?

Joel Gary Selik
Joel Gary Selik
answered on Feb 16, 2024

Typical simple personal injury cases, such as auto crash cases fees are 1/3 to 40%, but can be higher or lower.

Costs, such as deposition transcripts and filing fees are in addition to the attorney fee percentage.

Yes medicare must be reimbursed.

You should be told the...
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2 Answers | Asked in Contracts, Civil Litigation, Intellectual Property and Legal Malpractice for California on
Q: A Demurrer was issued a tentative order 02:15:24 Can this order be CHANGE during hearings? In Less 24hrs 02:16:2

The court allows Plaintiff 20 days leave to amend.

(II) Fraud in the Inducement

Calendar No.:Event ID: TENTATIVE RULINGS3053197 7

Page: 1

CASE NUMBER:CASE TITLE: FOSTER VS GILDRED [IMAGED] 37-2023-00038663-CU-CO-CTL

(III) Fraud in the Inducement

(IV)... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 16, 2024

Some courts, for example San Diego, issue tentative rulings. The parties can either submit on the tentative or argue at the hearing. The tentative helps the parties to focus their arguments.

On Demurrer, often where the Court sustains, the Court will grant leave to amend.

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1 Answer | Asked in Medical Malpractice and Personal Injury for California on
Q: Can I sue if I've been suffering due to a misdiagnoses

I'm currently diagnosed as schizoaffective. Ive been telling my psychiatrist for years that I believe the auditory hallucinations I've been having are real and that they're the voices of people I know, that they're following me around and somehow getting all the people I meet to... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 10, 2024

You might have a case. There are a number of particular issues in your fact situation that need to be analyzed by an experienced malpractice attorney. One issue is the statute of limitations. Another issue is the nature and extent of your harm in comparison to the others time and expense of a... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Ohio on
Q: What can I do about my primary doctor who lied on the written filing of report that she addressed my diagnosis at length

She never disclosed this to me but I learned about it later when I downloaded My Chart r medical reports.

Joel Gary Selik
Joel Gary Selik
answered on Feb 9, 2024

It depends on your goals, if there is a lawsuit, and if the doctor or health group will continue to be your doctors. There are some state's with laws that allow you to add information to your records. Discussing with your doctor that its not accurate or otherwise disputing it it may work. It... View More

2 Answers | Asked in Business Law and Gov & Administrative Law for Massachusetts on
Q: If I have over a million dollars in dram insurance (Massachusetts) for my LLC, how likely is someone to come after me

I am planning to open a traveling bartender service (parties, work functions, [eventually] weddings) as a side gig. However, I want to make sure that I am covered in case someone drives drunk and causes an accident. I will carry event/dram insurance specific for such events for well over a million... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 8, 2024

The person who posted this question is quite wise. To think ahead; to plan for the possible. Kudos.

As to the amount of liability insurance, there are several things to consider. First, what are your personal assets? You should have enough insurance that your assets are protected....
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1 Answer | Asked in Medical Malpractice and Personal Injury for Florida on
Q: My mom's surgery was incomplete because she woke up during cataract surgery 8 months ago.

My mom went cataract surgery outpatient 8 months ago but woke during surgery. I had explained to the doctor and staff that my mom have kidney problems and that she is a very nervous person, I even asked for my mom to be given something so she would not too nervous that day but they insisted it was... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 8, 2024

The first question is, did she wake up due to something the doctors did wrong. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

Additionally, what she suffered has to be...
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1 Answer | Asked in Collections and Legal Malpractice for North Carolina on
Q: Is there a time frame attorneys must start once paid?

I hired an attorney to negotiate two judgments. I paid and signed the contract on 6/6/2023. The lawyer did not contact the first debtor until August 2023. The second debtor was not contacted until November 2023. The attorney always had an excuse as to why they hadn't been working on it. For... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 3, 2024

There is no set time. Basically, it would be a “reasonable time”. Reasonable depends on the circumstances. Additionally, there may have been work done prior to contacting the debtors.

My experience in collecting debts, is that it is often a slow process. It can, of course, take years,...
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2 Answers | Asked in Medical Malpractice and Personal Injury for Texas on
Q: During pregnancy my concerns were ignored and I got a renal infection due to lack of action. Is this a malpractice case?

Duing my second pregnancy, I brought my concerns to multiple OBGYN's about pain and other symptoms, and even specified what I was experiencing did not feel normal, but kept getting told the second pregnancy feels different and it's worse for me because I didn't wait at least a year... View More

Joel Gary Selik
Joel Gary Selik
answered on Jan 30, 2024

It may be malpractice. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

Due to the nature of medical malpractice cases, the extent of the injuries may affect the viability...
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1 Answer | Asked in Medical Malpractice and Personal Injury for Texas on
Q: I went to my local dentist to have my temporary crown taken off and replaced with my new crown two months ago. The dent

The dental hygienist that worked on me used metal players to supposedly remove the temporary crown. Pulling downward as hard as she could it wouldn’t come off. At least on three attempts the metal plyers slipped and hit my bottom teeth hurting me each time. I asked her are you sure you are... View More

Joel Gary Selik
Joel Gary Selik
answered on Jan 28, 2024

You do have a potential case.

Medical malpractice means that a dentist violated the standard of care. A bad outcome is not enough. Another dentist would be needed to evaluate what the dentist did. What occurred here appears to be malpractice.

Due to the nature of dentist...
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2 Answers | Asked in Personal Injury and Medical Malpractice for Louisiana on
Q: Went donate at BioLife today and while getting set up on the machine while the nurse was inserting the needle it hurt a

little more than it usually did for any previous donations and ended up not being able to finish my donation because one of the nurses said I had a hematoma in my arm and ended up having to wait an extra added 30 minutes and now my arm is turning purple around the insertion site on my arm and it... View More

Joel Gary Selik
Joel Gary Selik
answered on Jan 27, 2024

While hematomas can be non-serious, it could be something serious. I would get checked out by a medical doctor.

The injury itself can happen with or without malpractice. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor...
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2 Answers | Asked in Personal Injury and Medical Malpractice for Florida on
Q: Dentist pulled two teeth but one at the bottom was extracted and put a hole in neighbor tooth and didn't say anything
Joel Gary Selik
Joel Gary Selik
answered on Jan 23, 2024

Could be Malpractice. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did. Due to the nature of medical malpractice cases, the extent of the injuries may affect the viability of your... View More

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2 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: What are legal ground to file motion to quash defendants's deposition notice in California Superior Court?

What are legal ground to file motion to quash defendants's deposition notice in California Superior Court?

Joel Gary Selik
Joel Gary Selik
answered on Jan 20, 2024

It would be a motion for protective order.

Many grounds are possible, including the person may not lawfully be deposed, the notice was not proper, and other reasons including those that are case specific.

The way to analyze how to stop a deposition would be to start with the...
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2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Does this count as dental malpractice and should I fill a claim?

I had a tooth filling last December. 2 days after, i felt there are sharp edge on the filled tooth & went back to the dentist to smooth it out. Next morning when i floss my tooth, I felt that tooth become very sensitive & have problem chewing on hard food. I went back to the dentist again... View More

Joel Gary Selik
Joel Gary Selik
answered on Jan 18, 2024

It might be malpractice. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

Due to the nature of medical malpractice cases, the extent of the injuries may affect the...
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3 Answers | Asked in Car Accidents and Personal Injury for Washington on
Q: I was a 17 yo driver in accident with 3 passengers. Two were 17 and one was 22. All 3 were taken away by ambulance.

The 22 year old passenger in the passenger rear seat did not want to put his belt on, and caused damage to the front passenger, and me the driver, upon collision. I am now being sent invoices from two of the passengers insurance companies that I am to pay for the ambulance fees, in the amount of... View More

Joel Gary Selik
Joel Gary Selik
answered on Jan 9, 2024

Hopefully you had insurance. Turn this over to your insurance. You may also want to hire your own attorney to oversee that the insurance company is protecting your interests.

If you had no insurance, hire your own attorney right away.

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2 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Motion(s) requesting consolidated hearing. California superior court.

If plaintiff requests consolidated hearing on two motions, can motions be consolidated into one document? Please provide CCP or california rules of court that defines consolidated hearing procedural rules.

Joel Gary Selik
Joel Gary Selik
answered on Jan 5, 2024

Practice manual state that each motion or demurrer should normally be set forth in a separate document. But, CRC 3.1112(c) states a motion, notice of hearing and points and authorities may be combined in a single document “if the party filing a combined pleading specifies these items separately... View More

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2 Answers | Asked in Personal Injury and Health Care Law for California on
Q: Precedent, landmark case, persuasive case, seminal case.

Is precedent and landmark case synonyms? Is seminal the same as persuasive? What are differences between the definitions?

Joel Gary Selik
Joel Gary Selik
answered on Jan 1, 2024

Precedent in reference to a case means the case determines an issue and can be used as authority.

These are the decisions of a court that are thought worthy enough to be used as models for future cases.

Seminal when referring to a legal case means it is either the first or main...
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1 Answer | Asked in Medical Malpractice and Personal Injury for North Carolina on
Q: Does a delay of melanoma diagnosis constitute malpractice?

Some details will be light for privacy’s sake.

I have a history of melanoma.

I pointed out a spot to my dermatologist that ticked a lot of boxes for something suspicious but they diagnosed it as inflammation.

I came back 2-3 months later since it wasn’t healing. The... View More

Joel Gary Selik
Joel Gary Selik
answered on Dec 27, 2023

Yes you may have a case.

Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

Due to the nature of medical malpractice cases, the extent of the injuries may affect...
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1 Answer | Asked in Medical Malpractice and Personal Injury for Kentucky on
Q: What can I do about a nurse practitioner prescribing azithromycin for what they thought was a stomach parasite?

My toddler went to visit a Kroger little clinic for a stomach ache and diarrhea that continued past a week. Woke up the next morning with a nose bleed, so we took her to the Emergency, where no one understood why she was prescribed azithromycin.

Joel Gary Selik
Joel Gary Selik
answered on Dec 13, 2023

Where a health care provider

breaches the standard of care

and the breach causes harm, there may be a medical malpractice case.

Medical malpractice means that a health care provider violated the standard of care. A bad outcome is not enough. Another health care provider...
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1 Answer | Asked in Medical Malpractice and Personal Injury for Tennessee on
Q: Can I sue a plasma donation center for a severe bruise due to them putting needle in wrong
Joel Gary Selik
Joel Gary Selik
answered on Dec 12, 2023

While such a case is possible, there are two hurdles that may be difficult to overcome.

First, you must prove they did something wrong. Bruised can happen without (and with) malpractice.

Second, your harm must be sufficient to warrant a lawsuit and what you describe may not be.

2 Answers | Asked in Car Accidents, Insurance Bad Faith and Personal Injury for New Jersey on
Q: Very odd question. About a month ago I received a call from my car insurance company stating their was a bodily injury

Claim against me for a car accident I was in last year. The issue is I was never in accident. I followed up with my insurance today and they claim the other parties lawyer , car insurance and police department won’t release accident report to my car insurance? I’m very confused and just don’t... View More

Joel Gary Selik
Joel Gary Selik
answered on Dec 12, 2023

Your insurance company is required to keep you informed and provide to you information.

Unfortunately, even though you do not want to be bothered, this is something that can happen. You should be able to obtain from the insurance company the claim made by the allegedly injured person....
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