Eric Edward Rothstein’s Answers

Eric Edward Rothstein

New York Criminal Defense Attorney.

Contributor Level 20
  1. Personal injury settlement

    Answered over 1 year ago.

    1. Eric Edward Rothstein
    2. Jeffrey Mark Adams
    3. Benjamin M Pinczewski
    4. James D. Kiley
    5. Robert Samuel Hoover
    6. ···
    11 lawyer answers

    This is standard practice. The check will be for the amoun in the release you signed. You will get a little less than 2/3 of that amount -- disbursements come off the top. Your lawyer will give you a closing statement that explains where the money went. Your portion is tax free.

    12 lawyers agreed with this answer

  2. What steps do I take if I was a passenger in a car and it was that drivers fault?

    Answered over 1 year ago.

    1. David Ian Schoen
    2. Mitchell Jan Birzon
    3. Joseph John Bernardo
    4. Eric Edward Rothstein
    5. Vel Belushin
    6. ···
    14 lawyer answers

    Are you covered by workers compensation? That is the first thing to figure out. Contact a lawyer asap. If you are not covered by workers compensation you need to submit a no-fault insurance claim to his auto insurance carrier within 30 days of the accident to get your medical bills and any lost wages paid.

    12 lawyers agreed with this answer

  3. Can you get DWAI convictions expunged?

    Answered over 1 year ago.

    1. Eric Edward Rothstein
    2. Jonathan Brian Manley
    3. Christopher Irvin Simser
    4. Dorea Helene Silverman
    5. Marco Caviglia
    6. ···
    7 lawyer answers

    New York does not expunge and DWAI convictions do not seal ..... they will always show up on a background search.

    12 lawyers agreed with this answer

  4. My son was injured at hotel through no fault of his own. He stepped on a screw that stuck in his foot while walking in the room.

    Answered over 1 year ago.

    1. Eric Edward Rothstein
    2. Brian C. Pascale
    3. Michael J Palumbo
    4. Jason Alexander Richman
    5. Mitchell Jan Birzon
    6. ···
    8 lawyer answers

    Ask if the hotel had medical payment insurance coverage. This covers bills regardless of whether the hotel was negligent. In order to sue you will need to prove the hotel had actual or constructive notice of the screw. That probably will come down to what the screw is for, where it was and when the room was last cleaned before the accident.

    12 lawyers agreed with this answer

  5. If the judge did not offer me a jury trial for DWI, and proceeded with a bench trial without my consent, can I claim mistrial?

    Answered over 1 year ago.

    1. Jonathan Brian Manley
    2. Eric Edward Rothstein
    3. Dorea Helene Silverman
    4. Dean George Tsourakis
    5. Jayson Lutzky
    6. ···
    7 lawyer answers

    That is odd because you have the right to a jury trial and would have been waive it. Did you object to a bench trial? You have grounds to appeal.

    12 lawyers agreed with this answer

  6. I SLIPPED AND MY FOOT GOT CAUGHT IN THE GAP BETWEEN THE TRAIN AND PLATFORM DO I HAVE A CASE

    Answered over 1 year ago.

    1. Eric Edward Rothstein
    2. Andrew Lawrence Weitz
    3. Jayson Lutzky
    4. Michael J Palumbo
    5. Abraham Jaros
    6. ···
    9 lawyer answers

    You may. What is your injury? You need to serve a Notice of Claim within 90 days of the accident. Contact a personal injury lawyer. We can't solicit you.

    12 lawyers agreed with this answer

  7. Re-opening a criminal case/deportation case after being deported? also, other questions

    Answered over 1 year ago.

    1. Alexander Joseph Segal
    2. Eric Edward Rothstein
    3. Joshua L. Goldstein
    4. Jennifer Wang
    5. Alexander M. Ivakhnenko
    6. ···
    6 lawyer answers

    If he received improper immigration advice he can file a motion to vacate the conviction due to the ineffective assistance of counsel. I've won this type of motion.

    12 lawyers agreed with this answer

  8. Can i appeal my misdemeanor dwi guilty verdict

    Answered over 1 year ago.

    1. Howard A. Schwartz
    2. Joseph A Lo Piccolo
    3. Eric Edward Rothstein
    4. Christopher Irvin Simser
    5. Joshua Richmond Lippes
    6. ···
    10 lawyer answers

    You have the right to appeal. Be sure to serve and file the Notice of Appeal within 30 days of sentencing. I can not access the likelihood of success on appeal without reading the trial transcript or at least hearing about the testimony in more detail.

    12 lawyers agreed with this answer

  9. Is it normal to have a suppression hearing and a trial date on the same day?

    Answered over 1 year ago.

    1. Anthony Michael Solis
    2. Eric Edward Rothstein
    3. Richard Caro Roxin
    4. Jayson Lutzky
    5. Marco Caviglia
    6. ···
    10 lawyer answers

    It was normal.

    12 lawyers agreed with this answer

  10. Can I sue for injuries sustained in my car accident?

    Answered almost 2 years ago.

    1. Marco Caviglia
    2. Eric Edward Rothstein
    3. Jonathan David Marx
    4. George Costas Andriotis
    5. Joshua Richmond Lippes
    6. ···
    12 lawyer answers

    It depends if you have a serious injury as defined in the Insurance Law. Contact a personal injury lawyer asap and be sure to submit a no-fault claim with your insurance company within 30 days so your medical bills and lost wages get paid.

    12 lawyers agreed with this answer