Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Joel Gary Selik
2 Answers | Asked in Collections for Michigan on
Q: I've been served a summons from a collection agency, is the contents of the summons above board?

The summons has conflicting timestamps, issue dates and a 'proof of service' form that wasn't filled out in any capacity.

The document states that it was printed 8-15-24, however has an issue date of 8-2-24. It states I have 21 days to respond after receiving to answer. How... View More

Joel Gary Selik
Joel Gary Selik
answered on Aug 31, 2024

There is no requirement to have the person serve signed. It is enough to hand the summons to the servee. ▪

View More Answers

2 Answers | Asked in Medical Malpractice for California on
Q: Can I sue for waiting in the ER for over 12hrs and for false results in medical imaging

Visiting hospitals due to abdominal pain

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

I am sorry for what you went through.

Even if what occurred could be considered malpractice, the amount of any recovery would not warrant a medical malpractice case.

To confirm, it is recommended to consult with experienced malpractice attorneys in the state where this occurred.

View More Answers

2 Answers | Asked in Medical Malpractice for California on
Q: Potential Medical Negligence Claim

I was prescribed compounded tirzepatide by a MD licensed in CA with specific instructions: 2.5ml (25 units) once weekly for 4 weeks, 5ml (50 units) for 4 weeks, and 7.5ml (75 units) for 4 weeks. The pharmacy filling the prescription mislabeled the vial, instructing me to inject 7.5ml weekly from... View More

Joel Gary Selik
Joel Gary Selik
answered on Aug 29, 2024

The pharmacy is responsible. Based on these facts, I would say you have no comparative liability.

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

View More Answers

3 Answers | Asked in Personal Injury for California on
Q: When calendar days are counted at court for due date, is it inclusive last day?

How days are counted by court?

For example, 3 calendar days from 10/01/24. Is it Inclusive 10/04/24?

Joel Gary Selik
Joel Gary Selik
answered on Aug 29, 2024

The California Court has a online court day calculator that makes this easy. It is at:

https://www.lacourt.org/courtdatecalculator/ui/

View More Answers

1 Answer | Asked in Medical Malpractice, Personal Injury and Small Claims for Indiana on
Q: Do I have to sign a non-disclosure agreement if I was injured by a medical mistake?

I went to get a TB test for a job and ended up in the hospital an hour later because they injected insulin instead of tuberculin. I didn’t know that until the doctors said I went into insulin shock from exogenous insulin in my body. I recovered after 2 nights in the hospital. I’m asking for... View More

Joel Gary Selik
Joel Gary Selik
answered on Aug 29, 2024

The language of a release is up to negotiation in settlement of a case, just like the amount is. You do not have to agree to the terms and they may either agree to exclude the language or refuse to settle.

2 Answers | Asked in Personal Injury for California on
Q: A prescribed med caused brain inflammation left me with 21 lesions on left side of brain and cognitive issues can I sue?

I get pseudo MS relapse. Can’t concentrate or work anymore. Rheumatologist was checking my blood every 3months never detected anything. Everything changed for me. I suffer with burning, tingles, numbness, and spasms. Someone is responsible either the doctors or Humira. This is permanent and I... View More

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

Medications have side effects and can cause serious harm. Some of these side effects are known and acceptable. Others are an indication of a defective product amd a lawsuit might be warranted. Consultation with experience defective medical device Attorneys should be sought right away.

View More Answers

4 Answers | Asked in Car Accidents, Personal Injury and Bankruptcy on
Q: I have a pending personal lawsuit for an at-fault accident w/inj. My ins is too low to cover all costs. Options?

Is my home, car or income at risk? Will Chapter 7 or 13 be an option?

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

Yes your personal assets could be at risk. Hire an attorney to demand your insurance company settle the case within policy limits.

View More Answers

1 Answer | Asked in Collections for Wisconsin on
Q: Am I obliged to provide any of my mother's information (address, that she is alive, etc) to a debt collector?

The debt collector is the original provider (not a third party).

The supposed debt is 5 years old.

My mother is 79, and in poor health, but she is very much alive.

There was a recent obituary for a matching name, so they may be pursuing a possible estate.

I have a... View More

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

You have no obligation to give any information or even to speak with them.

1 Answer | Asked in Medical Malpractice for Oregon on
Q: Potential medical malpractice case: delayed hemorrhage/stroke diagnosis led to epilepsy and severe career impact.

Seeking legal representation for a potential medical malpractice case involving a delayed brain hemorrhage (stroke) diagnosis leading to epilepsy. My May 2021 MRI revealed a hemorrhage, but it was not disclosed. Recently diagnosed with epilepsy after presenting to ER with right-sided weakness,... View More

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

This is most likely a valid malpractice case, showing both liability and damages/harm. 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.

Use this website to find potential...
View More

2 Answers | Asked in Legal Malpractice for California on
Q: If an Attorney who is a party to a case with their own representation legally issue a subpoena relating to the matter?

If an Attorney who is a party (Defendant) to a Legal Malpractice case, and who has their own representation, issues subpoenas using their own name to request files from the underlying personal injury case, would this be considered a violation of Rule 5.5: Unauthorized Practice of Law?... View More

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

While it would not UPL, taking action in a case in which the person is no longer an attorney would be illegal.

View More Answers

1 Answer | Asked in Medical Malpractice for Illinois on
Q: If your Doctor tells you one thing and you end up with a totally different procedure is this considered malpractice ?

I ended up having a procedure that was only to take place if lung nodules removed were cancerous.

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

Yes that can be malpractice. But there can be other factors that may make it not malpractice. More facts are needed. Consult with experienced malpractice attorneys in the state where this occurred.

2 Answers | Asked in Health Care Law and Medical Malpractice for Nevada on
Q: Do I have a reason to sue healthcare provider?

During an MRI today I noticed my wedding ring was still on as I was sliding into machine. I waved my hands to stop it so I could remove it. The MRI tech said I’d be fine and didn’t allow me to take it off. The MRI came out blurred because he said I was moving. I was not moving at all. Turns out... View More

Joel Gary Selik
Joel Gary Selik
answered on Sep 7, 2024

While you may have a case, the damages are not likely sufficient to warrant a malpractice case unless further damages is done.

View More Answers

3 Answers | Asked in Personal Injury, Car Accidents and Civil Rights for New York on
Q: Do i have the rights for trial jury?

In an injury case, if I rather the decision of the case being made by a trial jury instead of a judge, do I have Constitutional rights to request a trial jury? Thank you for your help.

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

Yes, in most jurisdictions you have a right to trial by jury for most issues in a personal injury case, if the jury is requested in a timely and proper manner.

Discuss this with your attorney or other attorney in your state.

View More Answers

2 Answers | Asked in Car Accidents and DUI / DWI for Arkansas on
Q: Does insurance have to pay actual value or total replacement costs in auto accidents that result in property damage?

Logging truck drove into my rental. They want to pay 83k for appraisal value of home and lossed rent. Multiple contractors estimate 220k plus to repair. Occurred in Arkansas. Driver was charged with DUI.

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

In general, only insurance policies you buy to protect your own property can be purchased to allow for replacement value. An adverse party’s insurance company only pays fair market value (subject to and exceptions for state laws).

View More Answers

5 Answers | Asked in Personal Injury and Landlord - Tenant for California on
Q: Do I have a case.

fell into a man hole type thing at my condo/apartments I live in

I hurt my hip and when I fell it knocked me so hard I lost bladder control. Blacked out. I keep having headaches

Im super sore and since I feel I keep seeing spots and hearing pounding.

This is something that just happened.

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

This is an incident that could have occurred due to negligence. Consult with experienced personal injury attorneys in the state where this occurred for an evaluation.

View More Answers

2 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: In Nov 2022 I had a prostate procedure done called HOLEP.It is supposed to core out the prostate similar to a TURP.

There is now a small hole in my bladder spinchter which has left me incontinent. I didn’t have this issue before the surgery. I’ve had two surgeries since to try and fix this. Do I have a case against the hospital and surgeon?

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

• It way be 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.

Consult with experienced malpractice attorneys in the state where this occurred. Use the Justia...
View More

View More Answers

2 Answers | Asked in Personal Injury for California on
Q: In 1972 I was assaulted by a dentist when I was 10 years old. Can I still sue ?

A dentist forcibly held my down on the dental office floor and tried to force pulling my teeth. The assault caused severe psychological distress and I developed a phobia for dentists. My dental health suffered severely as a consequence.

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

Can you still sue, decades later? No.

To confirm consult with attorneys in the state where this occurred.

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

View More Answers

3 Answers | Asked in Personal Injury for California on
Q: How do I get free legal help or probono lawyer in Whittier to stop a release of all claims.

I want to go to trial but my attorney says I have to pay out of pocket this case has been going on for 5 yrs

Joel Gary Selik
Joel Gary Selik
answered on Sep 7, 2024

It depends on the type of case. If it a personal injury case where a contingent fee was appropriate, you should confer with other attorneys to see if they will take over the case. Those consultations are usually free.

View More Answers

4 Answers | Asked in Wrongful Death and Medical Malpractice for California on
Q: If the ER failed to contact me with test results that needed attention and early detection of lung cancer other doctors.

Delay in diagnoses and treatment resulting instage 4 lung cancer non operable and life expancy leas than 3months do i have a malpractice case

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

Delay of treatment can be an area of malpractice. If the standard of care required notification, then there would be malpractice.

What also has to be shown is how it would have been different had there been no malpractice.

View More Answers

2 Answers | Asked in Personal Injury for California on
Q: What form is required for a defamation suit filing?

I am the plaintiff.

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

You are required to file a complaint, civil cover sheet and summons. There are forms in California by the judicial council or you can file a specially prepared complaint.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.