Joseph Jonathan Brophy’s Answers

Joseph Jonathan Brophy

White Plains Ethics / Professional Responsibility Lawyer.

Contributor Level 20
  1. Need To Know If I Have A Medical Malpractice Case Or Wrongful Death Claim Or Both? 27 Year Old Baby Sister & Best Friend Of Mine

    Answered almost 2 years ago.

    1. Brian Christopher Hogan
    2. Joseph Jonathan Brophy
    3. Kenneth Joseph Bush
    4. Clifford M. Miller
    5. Elizabeth Taylor Herd
    6. ···
    8 lawyer answers

    I am sorry you lost your sister under such tragic circumstances. You certainly should speak to a medical malpractice attorney. Consultations are generally free. I must add that unless you have extensive medical training, there is no way you can know that your sister's death was the fault of the health care providers. That's why you need a lawyer, and why lawyers need experts to help them. At the very least you will get some answers, and I know that is a lot more important than getting money...

    11 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Can I sue my surgeon 10 years after having a surgery

    Answered over 1 year ago.

    1. Joseph Jonathan Brophy
    2. Eric Edward Rothstein
    3. Christian K. Lassen II
    4. Effie Soter
    5. David Ian Schoen
    6. ···
    7 lawyer answers

    The answer is almost certainly no. The statute of limitaitons in New York for medical malpractice is two and a half years. There are very few exceptions and from the limited information in your question, it is unlikely that any exception exists. To be sure, call a medical malpractice lawyer. They are happy to anwer such questions over the phone.

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. My Mom had a Trust but her attorney said we needed to go into probate because she did not have a will. I am concerned.

    Answered over 1 year ago.

    1. Carol Anne Johnson
    2. Joseph Jonathan Brophy
    3. Cristin Jenise Silliman
    4. Joseph Franklin Pippen Jr.
    5. Kristen Pollard Marks
    6. ···
    6 lawyer answers

    If your mother had assets that were not in the trust probate might be necessary. It's nothing to be scared of.

    11 lawyers agreed with this answer

  4. Why is it almost impossible to get a lawyer to take your case, you slipped and fell in a grocery store .

    Answered over 1 year ago.

    1. Phillip Charles Gilbert
    2. Joseph Jonathan Brophy
    3. Jeffrey Mark Adams
    4. Christian K. Lassen II
    5. Richard Marc Katz
    6. ···
    8 lawyer answers

    Slip and fall cases are hard because the plaintiff has to prove that the defendant had prior notice of the dangerous condition or caused it. You don't identify your injury from the fall but the fact that you had prior back surgery might make it harder to prove what was caused by the fall as opposed to what you had already. The combination of these problems might explain why you are having trouble finding a lawyer to take on the case.

    11 lawyers agreed with this answer

  5. How long does it take for a federal judge to rule on motions for a personal injury case? & if settlement how long to compensate?

    Answered over 1 year ago.

    1. Joseph Jonathan Brophy
    2. Alan James Brinkmeier
    3. David J. McCormick
    4. Christian K. Lassen II
    4 lawyer answers

    Federal judges take as long as they want to decide motions. The delay is neither a good nor a bad sign. It is impossible to predict whether motions will lead to settlement- particularly because you don't indicate what the motions involve. Damages are usually based on state laws, but again, you don't provide enough facts for an attorney on Avvo to offer much of an answer.If yo have a lawyer, these are questions you should address to your own lawyer. If you don't have a lawyer, you will most...

    11 lawyers agreed with this answer

  6. I was involved in a rear end collision on Sept 16th 2012 How will the insurance company evaluate my settlement?

    Answered about 2 years ago.

    1. Richard S. Johnson
    2. Joseph Jonathan Brophy
    3. Frederick D Williams
    4. Kevin Coluccio
    5. Christian K. Lassen II
    6. ···
    7 lawyer answers

    You are in a tough spot. It's hard enough to handle a personal injury claim without a lawyer. It's going to be especially difficult to prove up your injuries with medical records from Thailand. Moreover, the nature of the injuries you have is not going to make an insurance adjuster worry. You need legal counsel where the accident happened.

    11 lawyers agreed with this answer

  7. I am a plaintiff in a personal injury case. I have an attorney representing me on contingency basis.

    Answered about 2 years ago.

    1. Malosack Berjis
    2. Constantine D. Buzunis
    3. Joseph Jonathan Brophy
    4. Sean Michael Patrick
    5. L. Maxwell Taylor
    6. ···
    9 lawyer answers

    "Loser pays" is very much a minority rule in the US, and applies to very few cases. Since you are represented by an attorney, you should direct these questions to your attorney for an answer specific to your case.

    11 lawyers agreed with this answer

  8. I am liable for the injuries caused by the thief of my car when he stole it from the garage?

    Answered over 2 years ago.

    1. Christian K. Lassen II
    2. Joseph Jonathan Brophy
    3. Kevin Coluccio
    4. David J. McCormick
    5. Chadwick Joseph Lawrence
    6. ···
    7 lawyer answers

    This sounds like an exam question. If it is a real world case, your insurance company will take care of it.

    11 lawyers agreed with this answer

  9. What is a good amount to settle for?

    Answered about 3 years ago.

    1. Joseph Jonathan Brophy
    2. Deborah Barron
    3. Andrew Daniel Myers
    4. Randy William Ferguson
    5. Lars A. Lundeen
    6. ···
    6 lawyer answers

    Mr. Myers gives you excellent advice. If you are not represented, an insurance company will take advantage of you every time. They don't make money by being generous. Go see a couple personal injury lawyers. If one tells you what your case is worth, don't hire him. Nobody can make more than a wild guess what any case is worth without specific information. Even then, responsible lawyers don't tell clients what their cases are worth except in very general terms until there is an offer on the...

    11 lawyers agreed with this answer

  10. Can my cousins brother become the administrator of his estate or does it go to the mother of his five year old son?

    Answered 7 months ago.

    1. Joseph Jonathan Brophy
    2. Bryan Lane Berson
    3. Philip Mark Bernstein
    4. Ruth Elaine McMahon
    5. Shelley Ann Elder
    5 lawyer answers

    As a New York lawyer who has encountered this situation repeatedly, I agree with Mr. Berson. The clerk's advice was correct. It is sometimes complicated, but the court will not ordinarily grant letters to a brother where there is a surviving child. If the child is under age, the parent must apply for letters of guardianship and then apply for letters of administration. The estate will go to the child or children if there is no surviving spouse.

    9 lawyers agreed with this answer