Skip to main content
Robert L. Brenna Jr.
Avvo
Pro

Robert Brenna’s Answers

220 total


  • My parents are old and sick. They need to make a will and some real estate plans

    Do any lawyers make house calls meaning will come to their house. My mom is on dialysis 3 times a week and goes to the facility then comes one and is too tired to go anywhere. We need an attorney that would come to their home

    Robert’s Answer

    Absolutely! Although other firms are not bound by the way we conduct our practice, we make home visits for estate planning, Elder Law and Medicaid planning, and even for our personal injury litigation. Although we do not practice in your jurisdiction, and therefore we are not the right people to help you-many people read these postings from a variety of circumstances in all 50 states, so I thought it would be helpful to answer this question in this fashion.
    Best wishes-
    Bob Brenna Jr
    Brenna Brenna and Boyce PLLC
    Rochester New York 14614

    See question 
  • I was hurt last week in vegas by security at a hotel/casino. Iam in the process of hiring a lawyer on contingency.

    I was injuried, and im in pain right now after coming back home to NY after leaving Vegas. I went to hospital for knee, neck, back and shoulder pain and wrist and facial contusions. My question is... I really want to go see specialists for my knee...

    Robert’s Answer

    Unfortunately you have to decide what is most important in a difficult situation. For medical reasons, not just for legal reasons, you should see a doctor immediately have a full diagnostic workup. Sometimes medical conditions will not resolve correctly if they're not diagnosed and treated immediately. Additionally, from a legal standpoint you need to document everything as soon as possible b Failure to do some Oberrender you suspect in the defense insurance industry will claim everything you say is fabricated if it is not documented properly and worked up immediately by competent medical personnel in various specialties. Best wishes in this difficult situation. I think you should make sure you contact and retain an attorney who is greatly experienced in this area as soon as possible.
    Best of luck in this difficult situation.
    Bob Brenna Jr
    Brenna Brenna and Boyce P LLC
    Rochester New York

    See question 
  • Rights of an adult child in a personal injury death case

    In a personal injury death case does an adult child have the same standing as a spouse

    Robert’s Answer

    No- the spouse would typically have superior rights, but not always. Traditionally a formula, called the Kaiser formula is used to determine financial obligation and dependency, but any conscious pain and suffering would go into the decedent's estate, as opposed to the wrongful death (financial loss ) component. In New York, an adult, child who is not dependent financially upon the parent does not have the same standing as the decedent's spouse.
    Bob Brenna Jr
    Brenna Brenna and Boyce pllc
    Rochester, New York

    See question 
  • As a caregiver for a resident do i have a legal right to file a suit against a nursing home for neglect and abuse on a resident

    pushed up against a table with hands on wheelchair arms and hand was broke nothing was done for about a week until i insisted an ray was done the last two days of her life she c / o severe headache and again i asked for something for pain her not...

    Robert’s Answer

    These cases must be taken very seriously. You should contact a family member right away, and let them know what happened. The Dept of Health will also likely be willing to investigate. YOU can help prevent such abuse in the future by being a truthful witness. YOu probably can't bring the suit yourself, but you can help the family, and this poor soul, find justice. Don;t ket them get away with this!
    Bob Brenna Jr
    Brenna Brenna and Boyce pllc
    31 E MAin ST reochester, NT 14614
    (585)454-2000

    See question 
  • Whats the statue of limitation to file a personal injury lawsuit in new york city?

    A few months ago, I was hurt going down an escalator at JFK (at a major airlines terminel). I sustained bruises and cuts to my leg, and also bruises/pain to my entire hand/arm/shoulder. I have been getting medical treatments and also going for ph...

    Robert’s Answer

    Most Personal Injury attorneys who are licensed to practice here in New York will offer you a free consultation. Why not take advantage of this opportunity. Contact someone who does this type of work continuously, and one whose reputation you can rely upon
    Best wishes,
    Bob Brenna Jr.
    Brenna Brenna and Boyce pllc
    Rochester, New York 14614

    See question 
  • I'm from Rochester ny I broke my ankle at work an today I seen my doctor for the first time an he told me that I need surgery

    Next Wednesday an he has to put medal pins. So how much about how much Money will I get from workers comp

    Robert’s Answer

    You need to have the facts reviewed asap-not only for worker's comp- but also to see if you are entitled to a third party recovery in addition to that. You should schedule and appointment with an atttorney who does this type of work daily.
    Best wishes,
    Bob Brenna Jr.
    brenna@brennalaw,com
    Brenna Brenna and Boyce pllc
    Rochester New York 14614

    See question 
  • Ladder injury

    I havea person who came from the street asking for a job, indicating that he is a painter.He borrowed a ladder from someone and set up the ladder to work by himself and started to paint. While in this process I left him on his own and upon my retu...

    Robert’s Answer

    Although I ever presented injured workers when they are hurt at their worksite because of a failure to provide safety equipment-under statute that is commonly referred to as the "scaffolding law"or more specifically section 240 of the labor law There are many variables. First thing you should know that there is an exemption for a one or two family residence which means that section 240 labor what not apply to those incidents regarding Also, it appears me a question that this person Borrowedthe latddeefrom someone else Can also limit your exposure if you did not provide the ladder. Notify your insurance company immediately, and it would be very good idea to have a consultation with an attorney from there with this area of the law.
    Bob Brenna Jr
    Brenna Brenna and Boyce P LLC
    Rochester, NY 14614

    See question 
  • What kind of case would this be considered, what rights do I have, and what type of lawyer do I need?

    I was working at a nursing home in 2010 and was fired under false abuse allegations. Within 24 hours of the allegations, I was fired and sent to the board of nursing at which time they took my nursing assistant license from me. I am now having tro...

    Robert’s Answer

    An attorney who practices LAbor Law or EMployment Law would be best. SOmetimes this overlaps with Employment Discrimination. These are the key search terms. Word of mouth or the Bar Association are a good way to find an attorney.
    Best of Luck,
    Bob Brenna Jr
    Brenna Brenna and Boyce pllc
    Rochester, New York 114614

    See question 
  • When my mother purchased her home in 2005 she put me on the deed with her. Will that protect the house form nursing homes?

    My mom is now 91 years old and her health is not the same. My parents have a will and trust but the trust is irrevocable. And my dad passed in 1994. What is protected in case she goes into a nursing home. I am also on her car but everything else i...

    Robert’s Answer

    It isn't clear what type of deed was used. Reservation of life use? Outright gift? It's not in the trust? Likely even with reservation of life use you are ok. Other property only in her name is likely up for grabs. Will only controls such property as well. Anything in trust or not solely in her name isn't controlled by will, typically.
    Bob Brenna Jr
    Brenna Brenna & Boyce PLLC
    Rochester Ny 14614

    See question 
  • Husband has a son out of affair. The child support has always been paid on time for entire 18 years. Please read below-

    We(wife and husband) are thinking of preparing a will. However, I want to mention this- after the child support amount was ordered, other woman had purposefully quit her job and had been living on the child support we paid. My questions are- 1)wh...

    Robert’s Answer

    I'm not certain whether or not the child has already been emancipated and therefore there are no longer any child support obligations. Aside from that it will not be a legal requirement under most circumstances, to leave the child anything, and his mother should not be entitled to anything after child-support obligations cease. However, without having a very talented attorney who is familiar with estate planning deal with this scenario, there is a likelihood that you could inadvertently have a claim made which could be sustained if the documents for the estate plan are not drafted correctly pursuant to the laws of your state.
    Best wishes in this difficult situation,
    Bob Brenna Jr
    Brenna Brenna and Boyce P LLC
    Rochester, NY 14614

    See question