Joseph Jonathan Brophy’s Answers

Joseph Jonathan Brophy

White Plains Ethics / Professional Responsibility Lawyer.

Contributor Level 20
  1. My 82 year old father was seriously injured by speeding bike racing on sidewalk can we sue NYC for not enforcing bike rules

    Answered about 1 year ago.

    1. Joseph Jonathan Brophy
    2. Jeffrey Mark Adams
    3. Craig A. Post
    4. Eric Edward Rothstein
    5. Jayson Lutzky
    6. ···
    10 lawyer answers

    I am sorry, there is a well settled body of law holding that municipalities are not responsible for injuries to members of the public caused by their failure to enforce the law. The only exception is if the municipality undertook a duty specifically to the injured party. That does not seem to be the case here.

    20 lawyers agreed with this answer

  2. I was a passenger in a car accident last Sunday on the FDR. I hit my head and and lower back. I'm single mom who can't afford a

    Answered 8 months ago.

    1. Joshua N. Stein
    2. Anthony A. Ferrante
    3. Joseph Jonathan Brophy
    4. Andrew Lawrence Weitz
    5. C. Donald Briggs III
    6. ···
    9 lawyer answers

    Use the "find lawyer" function to find a personal injury lawyer. There are plenty of good ones in Avvo and they will be happy to talk to you and take your case on a contingency if they think it is a good one. Despite those on this site who advise everybody to look for a lawyer with a low fee, you will find that they all charge the same.

    16 lawyers agreed with this answer

  3. My lawyer never had me sign a contract for my criminal defense, DWI. What happens if I don't pay him?

    Answered about 1 year ago.

    1. Joseph Jonathan Brophy
    2. Peter McGrath
    3. Jayson Lutzky
    4. Inga L Stevens
    5. Michael C. Wild
    6. ···
    6 lawyer answers

    Most criminal defense lawyers demand to be paid up front because their clients, like you, don't want to pay them if they get convicted. In New York an attorney can't enforce a fee agreement with a client that isn't in writing. Therefore it is unlikely that the lawyer will sue you. Your plan to lie, however is not a good plan. If your Mom didn't teach you that, I doubt that it would do me any good to explain it.

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  4. Does the court assume a direct correlation between a DUI >.08 and an accident during the driving of the intoxicated person?

    Answered 11 months ago.

    1. Anthony Allen Roach
    2. George Ellis Corson IV
    3. Joseph Briscoe Dane
    4. Joseph Jonathan Brophy
    5. Christian K. Lassen II
    6. ···
    8 lawyer answers

    If you were operating a car under the unfluence and crashed it, you would have a pretty hard time convincing anybody that the alcohol had nothing to do with the crash. I suppose there could be circumstances where a crash was not caused by drinking- for example if the car was parked and the hypothetical oak tree fell on it.

    17 lawyers agreed with this answer

  5. Is $10000 dollars for an attorney to high to spend on tax litigation?

    Answered over 2 years ago.

    1. Joseph Jonathan Brophy
    2. Brandy Ann Peeples
    3. Jeffrey Michael Norton
    4. Andrew J Wyman
    4 lawyer answers

    I don't practice in tax, but the same principle applies to any type of litigation. Legal services are expensive. Plenty of lawyers charge $300 per hour and more. The amount of time needed to do the job determines the legal bill. A $10,000 bill for a tax appeal does not surprise me but it's impossible to say whether it is reasonable in this particular case without knowing all the facts. You never know what the results might be. If you did know there would be no need to litigate. The issue is,...

    17 lawyers agreed with this answer

  6. What is the max u can settle for in mediation in med malpractice with a child b4 and after birth with hosp/doc?

    Answered over 2 years ago.

    1. Mary Katherine Brown
    2. Joseph Jonathan Brophy
    3. Jeffrey Bruce Gold
    4. Christian K. Lassen II
    5. Daniel Paul Buttafuoco
    5 lawyer answers

    There are no "caps" in New York (yet) so the max you can settle for is the best offer the defendants are willing to make. Apparently your lawyer has not told you what to expect at the mediation, which is actually a good thing. It's never a good idea for the client to ask an attorney what has been demanded, or for an attorney to offer an opinion on the value of a case before there is money on the table. There are just too many variables involved.

    15 lawyers agreed with this answer

  7. If the amount of a personal injury claim exceeds the amount of my liability insurance can I be sued for my personal assets ?

    Answered about 2 years ago.

    1. Joseph Jonathan Brophy
    2. David Irving Shiner
    3. John Gus Zgourides
    3 lawyer answers

    Yes you can. Plaintiiffs and their lawyers usually prefer to settle within policy limits rather than pursue personal assets, But, there are situations where the just isn't enough insurance to pay the reasonable value of the claim. In that situation the plaintiff may try the case, obtain a judgment and go after the defendant's personal assets. If you are a defendant facing this possibility, your insurance company should notify you, and you should retain personal counsel.

    16 lawyers agreed with this answer

  8. My son has a permanent ankle plate and 7 screws from foot being stuck in the field at a football game

    Answered about 1 year ago.

    1. Joseph Jonathan Brophy
    2. Ryan M. Finn
    3. Jeffrey Mark Adams
    4. Jayson Lutzky
    5. Michael R Crosner
    6. ···
    11 lawyer answers

    This is a tough claim to win. For openers, you need to file a notice of claim with the school district within 90 days of the incident. The court does have the power to grant an extension of time but in your case it might be hard to get because of the nature of the condition alleged. You need a very good personal injury lawyer.

    14 lawyers agreed with this answer

  9. If my dog bit two of my neighbors and neither one of them sued, can my building make me get rid of my dog?

    Answered over 1 year ago.

    1. Edwin Drantivy
    2. Joseph Jonathan Brophy
    3. James D. Kiley
    4. Matthew C Simon
    5. Christian K. Lassen II
    6. ···
    10 lawyer answers

    Yes, they can. Owning an animal carries certain responsibilities. Even if the lease permits you to have a dog, you are maintaining a nuisance. It may not be easy for them to get rid of the dog (or you) but they can do it.

    14 lawyers agreed with this answer

  10. What kind of attorney do I need? Should retain attorney or settle? If hire lawyer they won't talk to me anymore they said.

    Answered over 2 years ago.

    1. Joseph Jonathan Brophy
    2. Frank Wei-Hong Chen
    3. Christian K. Lassen II
    3 lawyer answers

    Foreclosure is a highly technical area. The fact that you are having so much trouble presenting the facts in this complex situation proves that there is no way you can or should represent yourself. The fact that the bank is in effect offering to make a deal with you proves that they have some exposure. Most likley they know that their foreclosure may not stick. What it all adds up to is that you need a lawyer with expertise in defending foreclosures. I don't know how such a lawyer could work on...

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