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Questions Answered by Howard Berkson
1 Answer | Asked in Medical Malpractice for Oklahoma on
Q: Husband being treated for Shingles for over a year,turns out he had stage 4 lung cancer,died 5 weeks later.Case?
Howard Berkson
Howard Berkson
answered on Oct 26, 2013

Unfortunately, the law is a little more complicated than that because not every mistake is malpractice. The strength of your case depends on whether missing the cancer was substandard care. You should discuss the specifics of your case with an attorney experienced in medical malpractice... View More

1 Answer | Asked in Legal Malpractice for Oklahoma on
Q: Can a lawyer help me sue another lawyer?
Howard Berkson
Howard Berkson
answered on Oct 26, 2013

Yes, a lawyer can represent you or assist you in a lawsuit against another lawyer.

1 Answer | Asked in Business Law for Oklahoma on
Q: Is the business liable when the service is contracted out?
Howard Berkson
Howard Berkson
answered on Oct 26, 2013

We don't have enough information to answer your question directly. There are a lot of variables that go into determining whether a company is liable for something done by its contractor.

1 Answer | Asked in Traffic Tickets for Oklahoma on
Q: I am trying to find out if having red/blue LED lights in my car is legal as long as I dont use them.
Howard Berkson
Howard Berkson
answered on Oct 26, 2013

Probably your main risk is being charged with impersonating a police officer. The problem is that it is not up to you whether someone else thinks you are a police officer. If someone yields or stops under the impression you are a peace officer, you can end up with jail time even though you did... View More

1 Answer | Asked in Products Liability for Arkansas on
Q: Im bein charged with accomplice possession of drig paraphanalia with intent to manufacture, how can they prove I knew

Continued: that the girl I was with was intending to not only cook meth, but had items pertaining to a meth lab on her person. I was driving. She also had drugs and rigs with residue in her purse that she claimed and im charged with accomplice to that and to Intent to ingest or introduce the drug... View More

Howard Berkson
Howard Berkson
answered on Oct 26, 2013

You need to consult with an attorney. Those are serious charges and they won't just go away. To answer your specific question, the word "prove" more correctly means "convinces the jury." So the question is really how can the prosecutor convince the jury that you were an... View More

1 Answer | Asked in Landlord - Tenant for Oklahoma on
Q: My landlord refunded 59% of my deposit 74 days after lease end. Am I entitled to full refund or more?
Howard Berkson
Howard Berkson
answered on Oct 26, 2013

That depends on the terms of your lease concerning deposit refund. It can't hurt to ask them why they did not give you a full reason. If they won't tell you or if you are not satisfied with the answer they give you, you should consult with an attorney.

1 Answer | Asked in Landlord - Tenant for Oklahoma on
Q: My landlord has deceitfuly over charged rent over 5000 $ and now wnt resign lease in court can i get my $ back and comp

I owed rent atm and continued paying rent and payments but in total have paid over 5 thousand extra rent . im in financal hard ship and she now wouldn't resign my lease because simply put she didn't want to . i only figured out after going thru every recipt for year lease and added it all up.

Howard Berkson
Howard Berkson
answered on Oct 26, 2013

Nobody can promise what will happen in court. However, if your lease is clear about how much you must pay and your paperwork is clear showing you overpaid, then you should consider a lawsuit.

1 Answer | Asked in Construction Law for Arizona on
Q: Employer did not pay wages and landlord closed the doors of building. Can I still file for past wages due?
Howard Berkson
Howard Berkson
answered on Oct 25, 2013

Although you are entitled to wages due, there are a number of reasons why you may not be able to collect. Some of the important factors to consider are whether the employer went bankrupt, the employer's entity type such as corporation or partnership, and the payday law in your state. You... View More

1 Answer | Asked in Contracts for Tennessee on
Q: In the State of Tennessee is a contract legal and binding if the person signing the the document is sedated by meds?
Howard Berkson
Howard Berkson
answered on Oct 25, 2013

As a matter of legal theory, a person may rescind a contract if, when he entered into the agreement, he was so intoxicated that he did not understand the significance or the effects of signing the document. In this case "intoxication" applies not only to alcohol, but also other... View More

1 Answer | Asked in Contracts for Louisiana on
Q: Our buyers are trying to back out of a contract. Can they do that

Currently have a contract signed with a contingency for our buyers to sell their house.

They now have their house under contract and ready to go to act of sale. WE had to sign an extension for them to find a buyer because the contract had expired. Our contract now ends Oct. 31. We need to... View More

Howard Berkson
Howard Berkson
answered on Oct 25, 2013

This is a common situation and, if the agreement with your buyers is legally enforceable, there are probably a few options for you to choose from. You should consult with an attorney in your area.

1 Answer | Asked in Consumer Law for Oklahoma on
Q: If my real estate agent is managing my property with a suspended license, is this a breach of contract?
Howard Berkson
Howard Berkson
answered on Oct 25, 2013

That depends on what is in the contract. If the contract specifies the manager will maintain a real estate license with the Oklahoma Real Estate Commission and he or she fails to do so, then the manager has probably breached the agreement. Also, if the person managing your property does not have... View More

1 Answer | Asked in Bankruptcy for Oklahoma on
Q: How do I obtain copies of bankruptcy in western district of oklahoma in 1997
Howard Berkson
Howard Berkson
answered on Oct 25, 2013

The easiest way would be to use the PACER system at pacer.gov. It doesn't cost much and it is fairly easy to use. However, the records may not go back to 1997. You should call the clerk's office to find out how far back the records go. Every court is different. If the PACER records... View More

1 Answer | Asked in Bankruptcy for Oklahoma on
Q: I have assets of 400000 and debts of 700000 Can I use the 400000 of Assets in any way if I file bankruptcy?
Howard Berkson
Howard Berkson
answered on Oct 25, 2013

Some assets are exempt from bankruptcy. Whether you retain control over any non-exempt assets depends first on the type of bankruptcy you file. If you file for Chapter 7, you will not likely have any use of the non-exempt assets. If you file for Chapter 11 or 13, a lot depends on how you would... View More

1 Answer | Asked in Bankruptcy for Oklahoma on
Q: I filed bankruptcy about 11 years ago, I have fallen on hard times again, am I allowed to file for a second time?
Howard Berkson
Howard Berkson
answered on Oct 25, 2013

Probably yes. However, the time you filed is not the key issue. To fully answer your question, an attorney would have to know the type of bankruptcy you had, when it was discharged, and the type of bankruptcy you would be seeking now.

1 Answer | Asked in Appeals / Appellate Law for Oklahoma on
Q: Is there a time limit in filing a sentence modification on a case.
Howard Berkson
Howard Berkson
answered on Oct 25, 2013

I assume your question is about sentence modification through the sentencing court and not by appeal. Oklahoma Title 22, section 982a addresses the time limit for sentence modification by the sentencing court. The statute says: "Any time within twenty-four (24) months after the initial... View More

1 Answer | Asked in Employment Discrimination for Oklahoma on
Q: Is there anything tp help me with a breathing problem caused by fragrances at work?

I have breathing problems when exposed to fragrances, my Dr has given my work documentation, they have made some allowances to the problem, but there is a vendor who comes in with cologne so strong I can smell him through the door. I have asked him to sell his stuff in the breakroom, he got ugly... View More

Howard Berkson
Howard Berkson
answered on Oct 23, 2013

The Americans with Disabilities Act (ADA) can apply to a person who has allergic or asthmatic responses to fragrances. Whether the ADA applies to your particular situation depends on all the surrounding facts and circumstances. If ADA applies, your employer may have to do more to protect you from... View More

1 Answer | Asked in Business Law for Oklahoma on
Q: Where do I find the Oklahoma Statues, guidelines, fire codes, food codes for rooming houses?
Howard Berkson
Howard Berkson
answered on Oct 23, 2013

The office of the State Fire Marshall has a website. Check there for the building permit required to run a rooming house. The State Fire Marshall has a help desk and provides compliance assistance. Similarly, the Oklahoma State Department of Health has a website, and they also have forms. Most... View More

1 Answer | Asked in Employment Law for Oklahoma on
Q: As a mixer driver i am made to drive 9, 10 even more hours before i can actually sit down and eat. any rights here?
Howard Berkson
Howard Berkson
answered on Oct 23, 2013

Oklahoma does not have a statutory requirement to provide rest or meal breaks. If you work under a collective bargaining agreement, check to see if your contract addresses this issue. If you are driving long hours without a break, it is possible that you are exceeding your maximum service hours.... View More

1 Answer | Asked in Employment Law for Oklahoma on
Q: Can my employer change my commission scale after I was already hired at another rate?
Howard Berkson
Howard Berkson
answered on Oct 23, 2013

Generally speaking, an employer is entitled to change the terms and conditions of employment at will. However, if a contract was involved, the employer may have violated the contract by modifying your commission plan. Whether there was an enforceable contract depends on the rest of the facts and... View More

1 Answer | Asked in Employment Law for Oklahoma on
Q: If a person gets fired for having 2 drinks at lunch & she can't get unemployment. Can she draw it 2 yrs later?

She has not worked for 2 years, can she draw unemployment now on what she previously paid into it?

Howard Berkson
Howard Berkson
answered on Oct 22, 2013

She would not be eligible to draw unemployment.

There are several factors that go into determining whether a person is eligible to receive unemployment benefits. One test requires that a person must have earned at least $1,500 in the first four of the last five calendar quarters from the...
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