Monty D Desai’s Answers

Monty D Desai

Greenville Workers' Compensation Lawyer.

Contributor Level 4
  1. Are punitive damages that are awarded , taxible income?

    Answered almost 2 years ago.

    1. Cory Russell Weck
    2. Max Draitser
    3. Steven Mark Sweat
    4. Monty D Desai
    5. Lars A. Lundeen
    5 lawyer answers

    This should be addressed by a tax lawyer or Accountant.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Can I still seek restitution for unpaid expenses if the person is convicted after I have signed a release in a civil suit?

    Answered almost 2 years ago.

    1. Monty D Desai
    2. Daniel Nelson Deasy
    3. C Steven Moskos
    3 lawyer answers

    When seeking Restitution, it is important to understand that there cannot be a windfall. What I mean by that is you cannot be compensated twice for the same loss. However, if the settlement is not sufficient to cover your losses (which seems to be the case here) you should have your lawyer put a provision in the release addressing specifically that particular issue. i.e. the release does not bar you from collecting restitution. Again, it needs to be very specific. I do not know how your...

    4 lawyers agreed with this answer

  3. If i get divorce or separate will i loose my legal status or green card under conditions if they have not yet been removed?

    Answered almost 2 years ago.

    1. Monty D Desai
    2. Philip Alan Eichorn
    3. Sema Yildirim
    4. J Charles Ferrari
    5. Giacomo Jacques Behar
    5 lawyer answers

    There are several things that have to be considered in answering this question. 1. Did you enter the marriage in good faith? 2. What was the cause of divorce? Were there grounds for divorce? adlultery, alcohol abuse, verbal, physical abuse, abandonment, etc. In these and other situation, there are waivers available. It's complicated and thus you should seek a local counsel.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  4. How long do I have to file a lawsuit agents a former employer in CA for several things.

    Answered almost 2 years ago.

    1. Harvey Charles Berger
    2. Susan Carol Keenberg
    3. Monty D Desai
    4. Brett A. Borah
    4 lawyer answers

    couldn't agree more with Mr. Berger.

    2 lawyers agreed with this answer

  5. If you are convicted of a DUI or have it reduced to reckless driving, what are the implications on obtaining a nursing license?

    Answered almost 2 years ago.

    1. Fred Wallace Woods Jr.
    2. Monty D Desai
    3. Stephen J. Isaacs
    3 lawyer answers

    If the facts support it, I would recommend that she take Reckless Driving. It is a Traffic Violation. DUI is a criminal offense. Make sure you advise her to get the arrest charge on the DUI expunged so that it does not show up on a background check.

  6. I have several felonies and misdemeanors ranging from 1999-2005 (all over 7 years old). How do I get my record expunged in VA.

    Answered almost 2 years ago.

    1. James Stanton Abrenio
    2. Susan Elizabeth Philbrick Allen
    3. Monty D Desai
    3 lawyer answers

    Unfortunately, The VA's expungement law is not on your side. Sorry, I don't think you will be able to.

    1 lawyer agreed with this answer

  7. How much jail time?

    Answered almost 2 years ago.

    1. Melissa I. Smejkal
    2. Daniel G. Galivan
    3. Charles Gregory Schierer
    4. Monty D Desai
    4 lawyer answers

    This is a serious charge for which you could be facing a significant amount of time in Jail. In most jurisdictions, the prosecutors tend to go easy on the first time offenders. Having said that, You should contact a local Criminal Defense attorney for advice.

    1 lawyer agreed with this answer

  8. Can an employer force you back to work on light duty because FMLA ran out and they don't want to pay thru workmans comp?

    Answered almost 2 years ago.

    1. Alana C. DiCicco
    2. George Ellis Corson IV
    3. Monty D Desai
    4. Bobby L. Bollinger Jr.
    5. Michael J. Helfand
    5 lawyer answers

    In most jurisdiction, if the work restrictions are prescribed by the Authorized treating physician and your employer can accommodate those restrictions. The answer is Yes. However, if you feel that the work restrictions are not appropriate you might seek a second opinion. You should consult a LOCAL workers comp lawyer to help you with this matter.

    1 person marked this answer as helpful

  9. What happens when you have a trial date and the other side meaning the ins.comp.wants to settle.who an how is it determin the

    Answered over 3 years ago.

    1. Michael J. Helfand
    2. Randy William Ferguson
    3. Robert Daniel Kelly
    4. Monty D Desai
    5 lawyer answers

    In determining a settlement amount several things need to be considered. Three of the most important things are 1. What impairment rating are assigned and to which body part is it assigned to. 2. What are your work restrictions? are they significant, can you return to your original job? Has there been a vocational rehab evaluation done, etc. 3. Are there any future medical treatment needed per treating physician? While these are only a few of the factors there are several others...

  10. What happens when you have a trial date and the other side meaning the ins.comp.wants to settle.who an how is it determin the

    Answered over 3 years ago.

    1. Michael J. Helfand
    2. Randy William Ferguson
    3. Robert Daniel Kelly
    4. Monty D Desai
    5 lawyer answers

    In determining a settlement amount several things need to be considered. Three of the most important things are 1. What impairment rating are assigned and to which body part is it assigned to. 2. What are your work restrictions? are they significant, can you return to your original job? Has there been a vocational rehab evaluation done, etc. 3. Are there any future medical treatment needed per treating physician? While these are only a few of the factors there are several others...