Dev K Sethi's Answers

I am a plaintiff in a personal injury case.The opposing laywer recommends a mediator who was a previous employee in their firm.

I'm a plaintiff's lawyer, so my answer comes from that perspective. I would not hesitate to use a mediator who had a background as a defense lawyer or who is a friend/former partner with the defense lawyer in the case to be discussed. In fact, I think it can be a great benefit. When I look to select a mediator, I really want someone I trust and who will have credibility with my client. But one important factor is the relationship/respect the mediator can develop with the folks in the...

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Should we consult an atty re pain & suffering if worker's comp is paying the medical bills for my wife's on-the-job burn?

I recommend you contact a lawyer with experience in product defect/dangerous product cases. The sooner the better. Typically worker's compensation is the exclusive remedy for on the job injuries. That means you can't sue your employer when you are hurt at work. There are good policy reasons behind this, and the law was originally created with some worker's rights issues in mind. The main benefit is that if you are hurt on the job, you get specific benefits on a no-fault basis. That...

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Can I sue my doctor for calling my boyfriend's sister-in-law with his lab results?

The best recourse is likely filing a complaint with the state agency responsible for overseeing the lab that made the call. There is not going to be a civil law (medical malpractice) remedy here. While it was certainly a mistake to call the wrong person with the test results, there does not appear to be any damage done. And certainly not enough to justify and support a medical malpractice case, which will be expensive and time consuming. Of course, if there are other facts, not shared,...

I went to my court date and the date had been changed. She gave me the wrong date.I have written proof When I discovered this I

Can you sue is a much different question than should you sue. Can you? Sure. Pay the filing fee and you can start a lawsuit. Should you sue? No. I am sorry to hear about the mix-up and the time you spent in jail. I do not mean to minimize it, as it was no doubt scary and troubling. But the fact is a lawsuit is unlikely to be successful. And it's very likely that the costs of bringing a lawsuit will eclipse any potential recovery that you might see. If, though, you do want to...

Is my 2006 Subaru Baja a commercial vehicle? I only use it for personal use and it's Tare weight is 3560 lbs.

Your question is a little vague. It's unclear to me what you mean by a commercial vehicle. Are you wondering if you have to register it in California as a commercial vehicle? Or are you looking at some IRS regulations for tax treatment of the vehicle? The answer and analysis may be different in either context. From the California Department of Motor Vehicles website, (www.dmv.ca.gov) here are some specifics: A commercial motor vehicle is a motor vehicle or combination of vehicles that:...

I rented a car under my name for a person who has not yet returned it to the rental company. I am paying for it. What do do?

You remain responsible for the vehicle until it is returned. And once returned, you are responsible for any damage or charges that may be assessed. You can, though, turn to your associate and ask - or bring a legal claim forcing -- him to reimburse you for those charges incurred. Of course, the biggest issue is not whether you can legally get a judgment against him for the amount owed...you likely can. The biggest issue is whether a guy who can't rent a car for himself has the ability to...