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Questions Answered by Joel Gary Selik
2 Answers | Asked in Personal Injury for California on
Q: Entity defendant vs Corporate defendant in context of punitive damages

How difference is defined between Entity defendant vs Corporate defendant in context of punitive damages?

Joel Gary Selik
Joel Gary Selik
answered on May 21, 2024

A corporate entity means a corporation. A corporation is a type of entity. Other entities include LLC, partnership, trust.

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2 Answers | Asked in Personal Injury and Libel & Slander for California on
Q: Am I guilty of libel

A public official said to me (in regards to a particular situation) "I'm going to tell you the truth but if you repeat it I'll deny it".

I published that this public official said this to me. He is now threatening to sue me for libel.

Joel Gary Selik
Joel Gary Selik
answered on May 21, 2024

You are not. Making a truthful statement is not libel.

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1 Answer | Asked in Legal Malpractice for Florida on
Q: My lawyer had me sign closing statements for both insurance Co. After signing them, she told me that 1 of the checks

Would not be coming and there's nothing more that they can do. This sounds wrong, are they robbing me?

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

I don't know that they are robbing you, but it does not sound right.

2 Answers | Asked in Personal Injury for California on
Q: Hospital liability for fake identities in medical records

What statute defines hospital liability to patient

for records created by fake identities?

Joel Gary Selik
Joel Gary Selik
answered on May 19, 2024

The best resource for this information would be California Civil Jury Instructions (CACI). See Series 500 at https://www.justia.com/trials-litigation/docs/caci/500/

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Q: I just had a mesh removed from my abdominal area wrapped and waded around every organ and nerve in my abdomen.

6 hr surgery left me limited on my functioning skills sometimes I shake my nervous system took a shock that affected whole body.7+ years of severe and chronic tesicular and abdominal pain I suffered from the error of the surgery team improperly implanting the devise in me and the mesh separated and... View More

Joel Gary Selik
Joel Gary Selik
answered on May 19, 2024

Wow, there are legal issues in bringing a case that you describe, it is worth consulting with experienced malpractice attorneys. In particular look for attorneys who have experience with handling mesh cases.

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2 Answers | Asked in Legal Malpractice and Estate Planning for California on
Q: Do I have any recourse against Trust Attorney/DPOA that change the trust that was intended to be signed

The trust that had been consistent with beneficiary distribution for five weeks changed massively in the 25 minute meeting to sign the trust and left with no trust. When requested it was evident what happened and the request was made to send the correct trust With the minor changes that we’re... View More

Joel Gary Selik
Joel Gary Selik
answered on May 19, 2024

Although more facts are needed, your description could be a basis for a legal malpractice case.

Consult with experienced legal malpractice attorney specialists in the state where this occurred.

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1 Answer | Asked in Medical Malpractice for Texas on
Q: Can I have a settlement payment arrangement changed years later?

I was a baby when my mother passed from a mal practice in a hospital. There was a lawsuit and the judge advocated for me to have my money set up a certain way. I understand he thought it was in my best interest but I’d rather have all or some of it now. I want to purchase a house and I can’t... View More

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

No you cannot have it changed.

But you can sell it. But it would be at a steep discount. Make sure you study any companies you consider and the fine print-not all companies are fair.

4 Answers | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: An Attorney represents you in Mediation, aren't the contents/files protected from inclusion later in legal Malpractice?

If the defendants in a legal malpractice suit being arbitrated include references (or entire files) as to the negotiations, briefs, or discussions which took place in the underlying personal injury case during mediation, is that considered a Breach of Confidentiality on behalf of the Attorney?... View More

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

You are correct mediation (not arbitration) matters cannot be used in a legal malpractice case in California. This is a strict rule. Likewise regarding a mediator not testifying.

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2 Answers | Asked in Personal Injury for California on
Q: How much is a decent settlement from a vendor at home depot for a slip n fall with minor injuries?

They insulted me by offering $1500 . My back and head got injured and still hurting back from 04/18/24

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

Based on these facts, it is likely it is premature to settle the case. Get the medical diagnoses and treatment you need.

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5 Answers | Asked in Personal Injury for California on
Q: What is a slip n fall with minor injury settlement start at,?
Joel Gary Selik
Joel Gary Selik
answered on May 18, 2024

There are innumerable factors that determine case value. The top two are how it occurred (liability) and nature and extent of injuries, losses and harms.

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4 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: What common law statutes define hospice fraud?

What common law statutes define hospice fraud?

Joel Gary Selik
Joel Gary Selik
answered on May 17, 2024

Common law refers to what was developed through court decisions and not by statute.

In California actual fraud is defined in the Civil Code § 1572. There are other statutes that define other types of fraud.

And has been interpreted by cases through the years.

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3 Answers | Asked in Car Accidents for Texas on
Q: Need advice on an accident from 2 years ago.

Got in an accident about 2 years where I hit a motorcyclist when I was turning right into a parking lot from a median. He said he was fine after the incident but and left before the cops were called. Insurance paid him money after the fact and now 2 years later he is filing for bodily harm. Just... View More

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

Your insurance company will hire you an attorney.

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4 Answers | Asked in Car Accidents, Medical Malpractice and Wrongful Death for Missouri on
Q: My mother was in an Auto accident and auto was totaled. Hit from behind by a trailer truck. Passed away a few week later
Joel Gary Selik
Joel Gary Selik
answered on May 15, 2024

I am so sorry for what happened. It is important for your family to consult with experienced personal injury attorneys in the state where this occurred.

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2 Answers | Asked in Federal Crimes, Personal Injury and Medical Malpractice for California on
Q: Is another Meet and Confer required by law, if additional time was allotted to provide further responses?

Defendant committed to work on providing further responses at Meet and Confer discussion re Motion to Compel.

If substantive further responses are not provided by specified additional time due: is another Meet and Confer required by law?

What statute or rule of Court defines that?

Joel Gary Selik
Joel Gary Selik
answered on May 14, 2024

If the opposing party has not done anything or complied with the agreement, there is nothing else to meet and confer. Nevertheless, judges appreciate efforts to work out disputes so another meet and confer could help.

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2 Answers | Asked in Personal Injury for California on
Q: Section 2030.300(c) agreement in writing requirement

Does Section 2030.300(c) require that agreement between parties re additional time to provide further responses be formal stipulation filed with Court? Or track record of email exchange is sufficient for agreement in writing?

Joel Gary Selik
Joel Gary Selik
answered on May 14, 2024

It does not need to be a formal stipulation and it does not need to be filed with the court.

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1 Answer | Asked in Legal Malpractice for Arizona on
Q: Can the beneficiary of a deceased person go after the deceased persons attorney
Joel Gary Selik
Joel Gary Selik
answered on May 13, 2024

Yes. If you have losses due to provable malpractice.

1 Answer | Asked in Criminal Law for Georgia on
Q: I was arrested for drug paraphenalia and residue in it but was not mine it was my daughters.

I was pulled over near Atlanta they asked if they could search car for drugs. I said yes. Then cop said that I could say no so I changed it to no. It was 12 MN, and I has just worked all day. I am a travel nurse. Anyway after i said no he pulled out a dog and searched. They found a meth pipe in... View More

Joel Gary Selik
Joel Gary Selik
answered on May 12, 2024

You do have an opportunity to get out of this but you need a top criminal defense attorney.

1 Answer | Asked in Personal Injury and Medical Malpractice for Oregon on
Q: June 2023, I was in Riverton, Wyoming when I suffered a heart attack. I was subsequently life flighted to Wyoming Medica
Joel Gary Selik
Joel Gary Selik
answered on May 12, 2024

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. Consult with experienced malpractice attorneys in the state where this occurred.

1 Answer | Asked in Collections for Wisconsin on
Q: Can creditor take your Social Security?

Social Security is the only income and there are no assets

Joel Gary Selik
Joel Gary Selik
answered on May 11, 2024

No.

But you may have to timely file a claim of exemption.

2 Answers | Asked in Car Accidents for Pennsylvania on
Q: Being sued from car accident, had insurance, have no assets, no savings, live paycheck to paycheck raising 3 kids.

Insurance offered payment, my car was a total loss, guys trying to sue for 50K. I have alot of debt.

Joel Gary Selik
Joel Gary Selik
answered on May 11, 2024

You have nothing to be concerned about. Discuss with your insurance attorney protecting you.

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