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Questions Answered by Joel Gary Selik
2 Answers | Asked in Medical Malpractice for California on
Q: dental negligence claim medical malpractice

How to get started and all information needed to help me . I went to dentist for filings and now have am pain for almost a month

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

The very first thing is see other dental specialists to find out what is wrong.

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2 Answers | Asked in Legal Malpractice for California on
Q: Can you still a hospital for not taking care of you properly urinating on yourself having anxiety for like you can't bre
Joel Gary Selik
Joel Gary Selik
answered on Nov 15, 2024

While that could be considered malpractice or neglect, without further harm, such a case may not be viable.

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3 Answers | Asked in Medical Malpractice for California on
Q: During my hip replacement surgery, the surgeon damaged nerves, leading to a severe neuroma.

During my hip replacement surgery, the surgeon damaged nerves, leading to a severe neuroma that has caused intense burning pain. This trauma, caused by the doctor, resulted in me losing my job, going to multiple doctors, undergoing numerous treatments, spending significant amounts of money, and in... View More

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

Yes it may be a case. Another doctor will have to determine if this happened BECAUSE of malpractice or if it can happen without malpractice.

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2 Answers | Asked in Legal Malpractice and Arbitration / Mediation Law for California on
Q: If Attorney in legal malpractice presents false material to Court, do you need to name them in the case?

In a Legal Malpractice case, if an Attorney representing the attorney party, presents materials to the Court intended to establish justifiable reliance that later is found to be fraudulent, is it necessary to name the Attorney in the case in order for the defendants to be held accountable for the... View More

Joel Gary Selik
Joel Gary Selik
answered on Nov 6, 2024

There are other methods you can take in the court to show the evidence is fraudulent to the jury to help your case.

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3 Answers | Asked in Personal Injury for California on
Q: How do I win lawsuit with out severe injuries but for the loss of a job and a place to live
Joel Gary Selik
Joel Gary Selik
answered on Nov 1, 2024

Severe injuries are not required to have a successful lawsuit. But, attorneys will evaluate all factors of a case to determine if it is a case they will take on. Certainly wage loss caused by others negligence is one compensable damage.

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2 Answers | Asked in Collections for California on
Q: Can my Social Security be taken by credit collection agency?
Joel Gary Selik
Joel Gary Selik
answered on Oct 30, 2024

Social security is exempt from Collection. If there is a bank levy look into a claim of exemption.

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2 Answers | Asked in Medical Malpractice for California on
Q: can I still file a lawsuit against the hospital that injured me even after I retained a lawyer that tried for 8 months

but now the 1 year statue of limitations passed

Joel Gary Selik
Joel Gary Selik
answered on Oct 22, 2024

A lawsuit filed after the statute of limitations will be met with a demurrer or other motion.

If the attorney was hired and failed to file on time, you may have a legal malpractice case.

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2 Answers | Asked in Civil Litigation, Civil Rights, Legal Malpractice and Probate for California on
Q: Is it possible to hire an out-of-state attorney for a legal malpractice situation related to probate, I'm in Calif?

If so, anyone recommendation would be greatly appreciated. Thanks in advance

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

Yes, an out-of-state attorney could handle a case against a California attorney. The out-of-state attorney would need to hire a local attorney to act as local council. Note there are a number of qualified legal malpractice attorneys in California and those may be your best option to begin with.

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3 Answers | Asked in Personal Injury for California on
Q: Attorney-client or work product privileges - true statement?

Attorney-client or work product privileges are NOT applicable in respect to witness, non-party to lawsuit.

The answer is? [this statement is accurate]

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

The attorney representing the witness has attorney client privilege with the witness. It is a much more complicated analysis if the attorney represents one of the parties as well as the Witness.

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4 Answers | Asked in Personal Injury for California on
Q: Does my son have a case and if so, against whom?

My son was skate boarding down the side walk to get to his car. His board got caught in an uneven sidewalk on Northridge. He is an intern and he was told by his employeer EDD he will lose his job because he broke his ankle that requires surgery. Does he have a case and if so, against whom?

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

It might be a case. It may depend on the extent of the unevenness and who caused the issue or is responsible for maintenance, as well as notice of the problem. Pictures should be taken and an attorney consulted. Note, there are strict 6 month notice requirements for lawsuit against California... View More

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3 Answers | Asked in Criminal Law, Personal Injury and Domestic Violence for California on
Q: I'm staying at a hotel and I was attacked House keeping allowed this man to come in after I clearly said not to.

House keeping opened the door for him even after I said not to.

He was yelling and hitting the door.

His name is not even registered as a guest here.

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

Do not contact the hotel, contact a lawyer. There may be a case but it must be approached carefully.

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2 Answers | Asked in Medical Malpractice for California on
Q: Do I have a case ?

Hello,

On February 14, 2020 A dentist performed a root canal on my lower right #30 tooth. During my root canal I kept feeling pain in my ear as she continued to perform the root canal. I told her and she just numbed me more. After my procedure was finished I continued to have pain in my... View More

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

This is a potential case. While tools breaking can occur with or without malpractice, not advising the patient would be malpractice.

The additional harm from not finding this sooner would be part of the case.

Consult with experienced malpractice attorneys in the state where this...
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2 Answers | Asked in Employment Discrimination, Employment Law, Personal Injury and Civil Rights for California on
Q: I work for a school district, I run a kitchen, My VP has yelled at me, kept me from doing my job he has talked about me

I work for a school district, I  run a kitchen, My VP has yelled at me, kept me from doing my job he has talked about me , lied about me  I reported it to my manager and they did nothing even though they seen it..I found out he told my custodian that he can keep me in line because he is close... View More

Joel Gary Selik
Joel Gary Selik
answered on Oct 6, 2024

Determine if you have a case by conferring with employment attorneys. Even if you have not been fired a search for “wrongful termination lawyers” will get you to the correct attorneys.

Use the Justia search tool to find an attorney. https://www.justia.com/lawyers

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1 Answer | Asked in Foreclosure, Real Estate Law and Collections for Ohio on
Q: I have a timeshare loan I want out of. I can't use the services due to health and time restrictions. Is there any hope?

I have a points program with Bluegreen. I have been paying down the loan and kept yearly fees current. I still owe a good portion of the loan. I have rarely been able to use my points before they expire due to family and work time restrictions. I have also recently developed solar urticaria, and... View More

Joel Gary Selik
Joel Gary Selik
answered on Oct 4, 2024

There are attorneys who concentrate their law practices in taking in timeshares. Consult with experienced attorneys. Use the Justia search tool to find an attorney. https://www.justia.com/lawyers

3 Answers | Asked in Collections, Communications Law and Legal Malpractice for California on
Q: I was told I would get my car back as soon as an investigation was finished but they sent it to a tow yard instead!

My car had been involved in a car accident and I was told the police needed to keep my car for investigation purposes but said I would get it back as soon as possible and that they are responsible for the fees. Well a couple months pass and I call them because I havent heard anything. I was told... View More

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

You may have a case against them. Consult with experienced debt collection defense attorneys in the state where this occurred. Use the Justia search tool to find an attorney. https://www.justia.com/lawyers

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2 Answers | Asked in Collections and Small Claims for California on
Q: Being sued for a balance

I noticed that I’m being sued by a lawyer because I received a bill being charged for small claims they filed with the court but I have never been served. It’s possible the lawyer sent a summon to my old address but I haven’t lived there since May and not sure how to go about it now. What can... View More

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

Look into a motion to set aside the judgment for failure to lawfully serve the lawsuit.

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2 Answers | Asked in Civil Litigation, Elder Law, Legal Malpractice and Probate for California on
Q: For 2yrs now, the shady lawyer handling my deceased dad's estate has failed to send me the unabridged trust &

relevant docs I asked for, like court-mandated annual acct of assets(x 2yrs), documentation of POA assignment (nec to fight mentally ill mother naming mental ill half-sister as POA, as neither is trustworthy & each has a long, well established history of issues in court, been committed via 5150... View More

Joel Gary Selik
Joel Gary Selik
answered on Sep 26, 2024

In order to enforce your rights, to obtain documents, into otherwise make sure you’re interest are protected, you can file motions with the court.

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3 Answers | Asked in Medical Malpractice for California on
Q: Do I have a medical malpractice lawsuit if I went in for surgery but said surgery was never done?

I've had serious pain and complications one year after the open hernia repair, I sought another surgeon and after examination and reviewing surgery film and notes I was told the surgery never happened.

Joel Gary Selik
Joel Gary Selik
answered on Sep 26, 2024

Yes that is a potential area of malpractice. Both for not doing the surgery and for failure to advise you it was not done.

Note, the extent of an anticipated recovery for a malpractice, if limited, may effect the viability of a case. Consult with experienced malpractice attorneys in the...
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2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Is this a case of malpractice?

On July 31, 2023, I was taken into police custody and subsequently experienced significant foot pain. During transport, the officer took me to the hospital, where I reported my symptoms, including a hole in the bottom of my foot. Despite my condition, the attending physician, under the... View More

Joel Gary Selik
Joel Gary Selik
answered on Sep 24, 2024

This 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.

While you suffered a horrible outcome, loss of a toe might not be sufficient to warrant a...
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2 Answers | Asked in Car Accidents and Personal Injury for Iowa on
Q: in an accident I’m not at fault it was a 3 car collision in a different state I have no medical coverage here WDID?

My daughter 13yrs old and I have injuries and I’m not sure what to do about getting seen.

Joel Gary Selik
Joel Gary Selik
answered on Sep 24, 2024

Contact an attorney in the state where the crash occurred. They may be able to connect you with health care providers. You can search for lawyers on this website.

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