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Questions Answered by Stephen Bilkis
1 Answer | Asked in Workers' Compensation for New York on
Q: I have injured my back at work. How do I know if I have a worker's compensation claim?
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answered on Jan 6, 2017

You will likely have a worker's compensation if your injury occurred at work, during the course of your employment. I recommend you speak with your supervisor right away to file a claim. If you are in doubt, it would be a good idea to speak with a lawyer.

2 Answers | Asked in Personal Injury for New York on
Q: I slipped and fell at my local grocery store, and seriously hurt my knee. Can I sue them?
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answered on Jan 4, 2017

The short answer is yes, you may have a case. However, it is difficult without knowing the particular circumstances of your incident. Generally, a store that invites the public onto their premises has a duty to keep it safe. They could be found liable if it is determined that they knew or should... View More

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2 Answers | Asked in Personal Injury for New York on
Q: I slipped and fell at my local grocery store, and have seriously injured my knee. Can I sue them for my doctor bills?
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answered on Jan 4, 2017

The short answer is yes, you may have a case. Generally, stores that invite the public onto their property have a duty to keep the premises safe. A store could be held liable for an unsafe condition, particularly if they knew or should have known that it was there. I suggest you speak with a lawyer... View More

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2 Answers | Asked in Criminal Law for New York on
Q: I was just charged with public intoxication (under the influence of narcotics). I am mortified. What will happen to me?
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answered on Jan 1, 2017

This is considered a violation under New York Penal Code 240. You could be fined with 15 days in jail or a $250. fine or both.

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1 Answer | Asked in Criminal Law for New York on
Q: I was just charged with disorderly conduct. What will happen to me?
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answered on Dec 9, 2016

The crime of disorderly conduct is set out in NY Penal Law 240.20. It is considered a violation, rather than a misdemeanor. It is punishable by 15 days in jail or a $250. fine.

2 Answers | Asked in DUI / DWI for New York on
Q: I have been charged with a DWI. I am beyond upset and cannot afford a lawyer. Can I represent myself?
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answered on Dec 1, 2016

You can represent yourself but I would advise against it. DWI's deal with a complex area of law and serious penalties. An experienced lawyer can find any defects in your case and contest the evidence submitted against you. I would recommend speaking to a lawyer before you decide. Many offer... View More

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2 Answers | Asked in DUI / DWI for New York on
Q: I was recently convicted of a DWI. How long will it be on my record?
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answered on Nov 27, 2016

In New York, a criminal conviction will stay on your record permanently. There is no legal way to expunge (remove) this from your record. As time passes however, it will be easier to explain to future employers as a mistake from long ago.

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3 Answers | Asked in Personal Injury for New York on
Q: I was injured in a car accident and am considering filing a lawsuit. What kind of compensation can I receive?
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answered on Nov 18, 2016

In New York, if you are a victim of negligence, you can receive monetary compensation for your injuries including: loss of current and future income, pain and suffering, reimbursement for current and future medical bills.

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3 Answers | Asked in Personal Injury for New York on
Q: I think I have an injury claim against my landlord. How long do I have to file a lawsuit?
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answered on Nov 18, 2016

In New York, you have three years from the date of the accident to file a lawsuit. Wrongful death actions must be filed within two years, and medical malpractice actions need to be filed within two years and six months.

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1 Answer | Asked in Personal Injury for New York on
Q: How do you know if someone is negligent?
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answered on Nov 8, 2016

Depending on the circumstances, negligence can be difficult to prove. The question to ask is, would a reasonable person have acted in a similar way in a similar set of circumstances? If the answer is no, the party may have been negligent.

1 Answer | Asked in Personal Injury for New York on
Q: I have been in a car accident. Should I hire a lawyer?
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answered on Nov 8, 2016

It will depend on the circumstances of your case. Were there any injuries or property damage? Statistically, people who hire a lawyer tend to settle their case for three times more than if they handled it themselves. The big insurance companies are represented by legal counsel, so it is important... View More

1 Answer | Asked in Medical Malpractice for New York on
Q: My husband was misdiagnosed many times, when he actually had cancer. Is this considered medical malpractice?
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answered on Oct 26, 2016

I am so sorry to hear your story. Medical malpractice occurs where a hospital, doctor or nurse fails to perform their duties to a standard of those with similar training, in similar circumstances. It would be difficult to make this determination without learning about the particulars of your case.... View More

2 Answers | Asked in Medical Malpractice for New York on
Q: My husband was misdiagnosed many times when in reality, he had cancer. Is this medical malpractice?
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answered on Oct 26, 2016

I am so sorry to hear your story. Medical malpractice occurs where a hospital, doctor or nurse fails to perform their duties to a standard of those with similar training, in similar circumstances. It would be difficult to make this determination without learning about the particulars of your case.... View More

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1 Answer | Asked in Car Accidents for New York on
Q: My friend ran over my very expensive bike in my driveway and wont pay for it. What should I do?
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answered on Oct 23, 2016

If you have already made a demand for the replacement cost, your next step could be to file a claim in small claims court. If your bike was valued at $5,000 or less, you can file a claim there. If you have any questions, it is a good idea to speak with a lawyer to ensure that your rights are... View More

1 Answer | Asked in Divorce for New York on
Q: How can I file for divorce
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answered on Oct 14, 2016

Filing for divorce is a big decision. Depending on the circumstances of your case, there could be important matters that should be discussed with a family lawyer prior to filing. I highly recommend that you consult with a lawyer to ensure that your rights are protected.

2 Answers | Asked in Criminal Law and Federal Crimes for New York on
Q: Can a charge of grand larceny 3rd degree felony be dropped to a lesser charge
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answered on Oct 14, 2016

Yes, it is possible. It will depend on the particular circumstances surrounding your case and whether you have a prior record.

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2 Answers | Asked in DUI / DWI for New York on
Q: I was recently stopped for a DWI. If the court takes my license, how will I get to work?
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answered on Sep 27, 2016

If your license is taken during your arraignment hearing, you may be able to request a “hardship license.” This type of license allows you to drive to and from work only. Your lawyer should be prepared to request this on your behalf

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2 Answers | Asked in Criminal Law for New York on
Q: Can my case be dismissed if the police did not read me my Miranda rights?
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answered on Sep 17, 2016

While the Miranda warning is important, failure to read the warning won't necessarily be a reason to dismiss your case. Miranda rights would apply to a person that was arrested and taken into custody. If they made a statement after this in response to officer questioning, it could be an issue.... View More

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1 Answer | Asked in Criminal Law for New York on
Q: What is the three strikes law?
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answered on Aug 9, 2016

The three strikes law was created to deal with the problem of a defendant committing repeat offenses. Pursuant to this law, if you are convicted of three different felonies, you will be sentenced to 25 years to life in prison. This is irrespective of the jail time that is called for with each... View More

1 Answer | Asked in Criminal Law for New York on
Q: I smoke marijuana in the evenings to relax. Is it really a big deal these days to get caught with a joint?
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answered on Jul 19, 2016

Marijuana is still illegal in New York. In fact, New York is known as having some of the harshest drug laws in the U.S. If you are caught with a small amount of marijuana (25 grams) that is for personal use, the fine is $100. However, if you are caught with more than 25 grams, or are found to be... View More

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