Joseph Jonathan Brophy’s Answers

Joseph Jonathan Brophy

White Plains Ethics / Professional Responsibility Lawyer.

Contributor Level 20
  1. Aunt is competent, has 6 months to live. No husband / kids. Has big debts & owns home - can creditors pursue estate after death?

    Answered 12 months ago.

    1. E. Alexandra Golden
    2. Joseph Jonathan Brophy
    3. Joseph Michael Pankowski Jr
    4. Brian C. Snell
    4 lawyer answers

    There are strategies to protect assets from creditors and lawyers who specialize in such matters. There is also such a thing as fraud on creditors. Meaningful advice can't be given based on an Avvo question from a third party. Your aunt should find an estate planning lawyer and put her affairs in order immediately.

    13 lawyers agreed with this answer

  2. I was in a wreck in 2011 and now am blind in my right eye.

    Answered over 1 year ago.

    1. Joseph Jonathan Brophy
    2. Jon Daniel Long
    3. Christian K. Lassen II
    4. Michael Shemtoub
    5. Scott Douglas Camassar
    6. ···
    10 lawyer answers

    You were a passenger and were seriously injured. If you want to be compensated you need to get to a personal injury lawyer immediately. Don't worry about your boyfriend getting in trouble. This is a civil matter and insurance will pay the bill.

    13 lawyers agreed with this answer

  3. Can I sue a doctor 5 years after for a child who is now 10 and half ? What is the statue of limitations ?

    Answered over 1 year ago.

    1. Joseph Jonathan Brophy
    2. Marco Caviglia
    3. Joseph Gerard Dell
    4. David B Pittman
    4 lawyer answers

    Under New York law, a minor has up to 10 years to sue for a medical malpractice. So, the statute will run out when your son turns 15. There is at least one very good lawyer in your county who handles medical malpractice cases. You should make a call immediately. These cases require thorough investigation, and should not be left until the time is about to run.

    Selected as best answer

  4. Do I have a medical malpractice case, and if so what could be my potential winnings?

    Answered 8 months ago.

    1. David Ian Schoen
    2. Elizabeth Taylor Herd
    3. Joseph Jonathan Brophy
    4. Michael Eliot Jaffe
    5. Gregory Scott Gennarelli
    6. ···
    13 lawyer answers

    A medical malpractice claim is not a lottery and nobody wins. If it is successful the victim is compensated. You should see an experienced medical malpractice lawyer. Your injury seems serious and the circumstances suggest that there may have been negligence on the part of your doctor.

    11 lawyers agreed with this answer

  5. Is it a conflict of interest for Defense Atty to conduct deposition in a personal injury claim?

    Answered 6 months ago.

    1. Joseph Jonathan Brophy
    2. Alan James Brinkmeier
    3. Andrew Lawrence Weitz
    4. Christian K. Lassen II
    5. Robert Jason De Groot
    6. ···
    8 lawyer answers

    While Mr. Weitz's answer is correct, it doesn't address the question which is about the plaintiff's deposition, not the defendant's. I wonder why this deposition is happening at this time. It seems unusual for any discovery to go forward in the civil case while the criminal case is pending. The plaintiff should discuss this with his lawyer. Certainly the defendant's criminal lawyer should not be questioning in the deposition in the civil case. Generally only one lawyer may question a given...

    Selected as best answer

  6. I'm involved in a personal injury case which is (currently) in arbitration.

    Answered 6 months ago.

    1. Richard S. Johnson
    2. Keith Pickard
    3. J. Scott Dilbeck
    4. Steve Eliot Sanderfer
    5. Christian K. Lassen II
    6. ···
    10 lawyer answers

    Generally, once the parties agree to arbitration and the arbitration is set up, the court will have no involvement. I do not practice in NV, so I cannot tell you categorically that NV follows that rule. But I don't know of any state that lets one party or the other walk away from an arbitration after both have consented to arbitrate a specific issue.

    12 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. What should my next step be?

    Answered 7 months ago.

    1. Miguel Amador
    2. Philip Anthony Fabiano
    3. Joseph Jonathan Brophy
    4. Christian K. Lassen II
    5. Richard Marc Katz
    6. ···
    6 lawyer answers

    I added a tag to your question for drug crime so you will get some answers from criminal lawyers. This is a very serious matter and you need the advice of a criminal lawyer immediately.

    12 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. I possess a two-sided will from my grandfather. Will the courts accept this?

    Answered 7 months ago.

    1. Joseph Jonathan Brophy
    2. Steven M Zelinger
    3. Suzanne M Carter
    4. John P Corrigan
    5. Michael S. Haber
    5 lawyer answers

    The two-sided part does not worry me. If the will was not supervised by an attorney, that may be a problem because the requirements for a valid will are very specific and technical. One such requirement is two witnesses. There are others. Don't compound the headaches of a do-it-yourself will with a do-it-yourself probate. Take the will to a probate lawyer along with any prior wills, a family tree and a summary of your grandfather's assets. It may only take an hour of the lawyer's time to set...

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. I have a cerebral palsy case for my twins, they are now three years old. The scheduled deposition is may 4th, is the case over?

    Answered over 1 year ago.

    1. Joseph Jonathan Brophy
    2. Gregory Scott Gennarelli
    3. Eric Edward Rothstein
    4. David B Pittman
    5. Christian K. Lassen II
    6. ···
    8 lawyer answers

    Your case is far from over. Your deposition will be the first of several. It is not unusual to take depositions of all several doctors, nurses and technicians after the parent's deposition. Cerebral palsy cases are very time consuming. Typically these cases can take up to five years to bring to a conclusion. I am very concerned that you are even asking this question. You need to communicate with your lawyer.

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. GEICO lies about your case and will settle with the other party even if you don't agree with the terms of the settlement.

    Answered about 2 years ago.

    1. Joseph Jonathan Brophy
    2. Craig A. Post
    3. Eric Edward Rothstein
    4. Howard Robert Roitman
    5. Robert Don Fink
    5 lawyer answers

    Geico is big company and they are in business to make money. They are no worse than most other insurance companies. Auto insurance policies don't give the insured the right to refuse to settle. I don't understand what you are so angry about, frankly. By settling the case, Geico protected you from a possible personal liability. They would not have settled it if they did not believe you were at some risk to lose. They don't make money settling claims. Therefore they only settle claims when they...

    10 lawyers agreed with this answer

    1 person marked this answer as helpful