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Eric Edward Rothstein

Eric Rothstein’s Answers

40,974 total


  • What is the time frame from date of car accident to settlement please a rough estimate?

    Injuries are pain and suffering fracture in lower back

    Eric’s Answer

    Every case is different. It can depend on how many defendants and defense law firms there are. How cooperative the defense is in doing discovery and how hard your lawyer pushes the case. You have a fracture so you satisfy the "serious injury" threshold so perhaps the case can settle quicker. It depends on which insurance carrier the other driver has.

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  • I wanna know if I have a civil mater from passing out from a medication that was prescribed to me

    I was taking Remron (mirtazapine) for insomnia and depression since 2012 to last spring and my dr took me off them because I started passing out and it stoped

    Eric’s Answer

    First, you have to prove the doctor was negligent. Lets assume you can do that. Second, medical malpractice cases are very expensive to pursue because you need an expert witness at the outset to say there is a case and then to testify at trial. This is thousands of dollars. What are your damages?

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  • Grand larceny 3000$ what's going to happen

    I was arrested and released for grand larceny in the 3rd and falsifying business records in the 1st. I have no previous records and have been extremely cooperative with them. What is going to happen to me

    Eric’s Answer

    It is hard to say based on the limited information you gave. Jail can likely be avoided. The issue is whether you can avoid a criminal record.

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  • How long can a defendant wait to file a Bill of Particulars after he has already submitted answers to a plaintiff's complaint ?

    I'm expecting to be served with a civil suit complaint any day. With regards to my own set of circumstances, I will be much better off waiting as long as possible to file the Bill of Particulars. So how much time is available to the defendant?

    Eric’s Answer

    Anytime before the end of discovery but I see no reason to wait m

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  • Order to show cause

    If a party defaults an order to show cause will there be a default order without the finding of the fact are the facts alleged in the OTSC uphold even if it frivolous.

    Eric’s Answer

    The Judge might not have a reason to know that the defaulting party thinks the facts alleged are frivolous.

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  • What is the best way for me to hire specialized counsel - directly or through my current outside counsel?

    My current outside legal counsel advises me (and my small business) on all legal matters, and I'm very happy with their work. I have an issue that requires expertise outside of their scope of practice - I was wondering if it's better for me to en...

    Eric’s Answer

    Start with your lawyer. They may know someone.

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  • What do I do if the police officer didn't charge the other driver with hit and run misdemeanor?

    I was recently involved in an accident where the other driver side swiped me while I was standstill at a red light. My entire left side view mirror fell off with no damages to the body of the car. She was about 2 cars length ahead of me when she...

    Eric’s Answer

    You can put it in your own accident report (DMV form MV-104). The police have discretion on whether to arrest someone. You can report it to a supervisor but it is possible that nothing will happen.

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  • Can I become a police officer with a past record?

    My boyfriend had a felony in 2012 for Forged Instrument 2nd, and completed his requirements, now he has a pety larceny he's working through. Now his life long dream was to become a cop, and he's very interested in it. Can he do that with these on ...

    Eric’s Answer

    New York does not expunge. I suspect he will have a hard time getting hired as a Police Officer. I suggest that he speak to the recruiters at a few Departments.

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  • I received a summons, can a company who is running a background check find this and not hire me because of it?

    I was in a park holding an alcohol beverage and the officer stated she just wanted to make an example out of me. I took the summons so that she would not ticket my organization hosting the cookout at the park as she had threatened. I am just worri...

    Eric’s Answer

    It may show up now. Whether it will always show up depends on the specific charge and the final outcome.

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