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Eric Edward Rothstein

Eric Rothstein’s Answers

36,170 total


  • What does the 33% in a personal injury lawsuit that the lawyer gets paid includes?

    Even though we accepted a settlement, here are other fees he has charged me, is that standard? Attorney Fee: $2,716.14 Expenses to be reimbursed: $851.58* ...

    Eric’s Answer

    That is normal. The lawyer advanced the case expenses and they come off the top. In effect, you are only paying 2/3 of the expenses and the lawyer is paying 1/3. I am sure this is covered in your retainer agreement.

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  • I got my first speeding ticket going 89 in a 55 mph zone. What happens if I plead guilty? What can I do to fight it?

    I was on my way up from Flushing to Binghamton University and was looking for an exit as I was on my last gallon or two of gas. As I was looking for signs I sped up unintentionally missing the patrol cars along the side of me. There were no other ...

    Eric’s Answer

    I would not plead guilty due to the points. I suggest that you hire a local Traffic Court lawyer to deal with this for you.

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  • Can I sue for dental malpractice?

    Jan 13 the dentist examine/xrays me and says I need to have a cavity filled. One year later I come back to the same dental office, but the dentist I saw was not there so I saw another dentist on staff. This dentist was young and inexperienced. WI...

    Eric’s Answer

    You may have a case but you may have a hard time finding a lawyer to take it because dental malpractice requires the hiring an expert witness to certify the case before it is commenced and then at trial. A medical witness gets paid thousands of dollars.

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  • Driving to Canada with an open misdemeanor warrant in Florida.

    I have an open warrant in Monroe County Florida for failure to complete terms of my probation. It is from 2009 and it happened because of errors with paperwork from Florida probation services. I only found out about it early this year. I hired ...

    Eric’s Answer

    Canada is tough to enter with an open case. In addition, if Canada sees the warrant you may be taken into custody and detained for possible extradition.

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  • My friend is ill with an illness that requires lung transplant. Can he get an insurance that would cover her?

    Her illness will cost over a million dollars. Can she get any type of insurance that would cover her? Will insurance companies avoid her or refuse to pay her after she asks money for the treatment?

    Eric’s Answer

    Assuming she does not have coverage already, I don't think she can get coverage for the lung illness now. She may have to investigate Medicaid and/or Medicare. The hospital she is treating at my be able to assist her.

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  • Serving Summons & Complaint on an out-of-state corporation that has ONLY a Post Office Box address

    Facts: 1. The Law Suit is commenced in the State of New York. 2. One of the defendants is a corporation/entity in the State of Florida which has only a Post Office Box address, in Florida. I do not have the name or addresses ...

    Eric’s Answer

    • Selected as best answer

    Service by mail is not sufficient unless the defendant accepts and acknowledges it. See CPLR section 312-a. Was the company doing business in NY? If YES, you may be able to serve the company through the NY Secretary of State and an unauthorized company doing business. I would post to the FL Avvo page to see if you can serve the Secretary of State there.

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  • Does my girlfriend need a defense attorney?

    My girlfriend was charged with a petty theft at a local grocery store (under $25) and was processed through the local PD. I bailed her out ($250) but she is trying to attend a local college and get a better job and would like to plea to a lesser c...

    Eric’s Answer

    She is charged with a crime so she needs a lawyer. Try using the Find A Lawyer tab on Avvo.

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  • WARRANT SERVERITY F AFTER A GRAND LARCENY 1st C FELONY

    My brother is 17 currently at rikers it's been about a week since he was arrested I don't know nothing about the legal system he sees a judge today what can I expect

    Eric’s Answer

    No one can give you much information without knowing the facts of the case. It is a serious charge though so he should hire a good criminal defense lawyer.

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  • Could I recover damages from storage company?

    Had contract since 4/20/12. Went to remove items and were damaged by mice, owner will not help.

    Eric’s Answer

    You need to review your contract. Many storage company contracts have language that say they are only liable for gross negligence (rather than negligence) and the Court of Appeals has upheld this. In addition, the contracts often have damage value limitations.

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