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Robert L. Brenna Jr.
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Robert Brenna’s Answers

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  • Can I sue my friend for damages/ health related bills and lost wages ?

    I am barely able to walk due to injuries to my knee and back that occurred when my drunk friend insisted she could drive after an evening out and drove into oncoming traffic ending up smashed head on into a telephone pole. I have been instructed t...

    Robert’s Answer

    Yes you can-and you do not need an accident report in order to get medical treatment. Your friend should tell you the name of her insurance company and her policy number-but you should in any event get treatment immediately-left the hospital emergency room or doctor know that this is a no-fault case before you leave and hopefully you will have Insurance company name at the very least. You should also notify your own insurance company if you own a car or live with anybody who owns a car-notify all of them and also immediately retain a New York State licensed attorney. You would be best served by getting someone who is extremely well respected by other attorneys and who has a great deal of experience and personal injury law

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  • What is the estimated time for settlement in a case like this? What is the estimated settlement amount in a case like this?

    I was rear ended in June of 2012. I am currently being represented by a local attorney. I was treated for 6 months by a local chiropractor. I was diagnosed with a small fracture in t1 and a few bulging discs. After that, I missed a no fault appoi...

    Robert’s Answer

    Unfortuntely your attorney is in a better position to evaluate the timeline, and the value than your Chiropractor.
    Arbitration of the ihitial no-fault denial has consequences which could hurt your underlying case, but it is something to discuss, but if you are currently being treated from the second accident- that could be moot.
    You need to sit with your attorney and have a face to face.
    You can always get another attorney, but it is not clear that your attorney is doing anything wrong. Be certain if you are asked why you stopped treatment after the first accident that you truthfully explain that your insurance stopped paying and the "gap in treatment" a favorite defense for insurance companies- that the gap was because you couldn't afford it if that is the truth. Best wishes

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  • Does a power of attorney end after our Mom passes in order to file a wrongful death lawsuit?

    Or can the executor of her Will have that power?! The will doesn't state authority on legal matters only financial and business etc. No specific words saying legal matters!

    Robert’s Answer

    • Selected as best answer

    The answer is that we have to convert what would have been powers from the power of attorney into an administrator if no will appoints an executor, or to the executor if the will leaves unnamed executor. We do that through our state's Department in order to empower our client to bring the wrongful death action. I wrongful death actions involve both Supreme Court for the underlying litigation and Surrogate's Court to empower the client to bring the action initially. We also have the power to negotiate a settlement and go back to one of the two courts, depending on the circumstances, to ask for approval of a wrongful death settlement-so just because we agreed in trial the case does not mean that it has to end in trial-although we do try many cases. Bob Brenna Jr Brenna Boyce pllc

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  • Do insurance companies ever advance money at the start to pay for medical care for serious injuries in car accidents?

    My employee's daughter was seriously injured in a car accident recently. She is asking me for help paying the Medicaid copays. I would help her, but shouldn't the insurance company take care of these small amounts of copays or whatever care is ne...

    Robert’s Answer

    WE have to deal with Car accident injuries every single cay at Brenna Boyce. If there is no fault coverage Make sure ALL medical providers are on notice that this is a no-fault case, and make sure they bill No fault ONLY.
    Your friend must provide them with the billing info for the no-fault and then there will be no co-pays to worry about until at LEAST $50,000 is spent in medicals or lost wages. If there is none for some reason have an attorney file an MVAIC claim for uninsured asap

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  • 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

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  • 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

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  • 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

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  • 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

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  • 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

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  • 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

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