“Good Morning” Q&A Segment with Irene H Gabo & Natasha Bystritskaya
Irene H Gabo joins Natasha Bystritskaya for another Q&A segment about injured in a car accident while here illegally, work injuries, switching lawyers, nursing home injuries, and settlements funding loans on the popular “Good Morning” show on Davidzon Radio 620AM.
Listen to the Broadcast:
I got hurt in an accident, but I am here illegally. Can I still have a case?
Yes, of course. Your immigration status is irrelevant to your ability to bring a personal injury or medical malpractice action. For example, if an illegal immigrant gets hurt while working in an apartment building, renovating apartments in that building, he will be able to bring a personal injury action if he gets hurt by an electrical saw blade or if he falls off a ladder, irrespective of him having a workers compensation claim.
I was injured at work. Can I collect more than just Workers Compensation benefits?
The answer is, it depends. What you need to have is a third party who was negligent for the happening of your accident, not just your employer.
For example, a home attendant going down the staircase in her patient’s apartment building gets hurt because the staircase has a broken step, or is missing a handrail, she will be able to bring an action against the owner of the premises, in addition to collecting workers compensation benefits for medical treatment and time out of work.
My lawyer doesn’t return my calls and I only met him once, but my case is over a year old. Can I switch lawyers now?
You can switch an attorney at any time. Attorneys’ compensation disputes between the new attorney and they outgoing attorney have no effect on your eventual recovery from the settlement or trial.
You are entitled to be treated with courtesy and consideration at all times, by your lawyer, you are entitled to have your legal matter handled competently and diligently, and you are entitled to have your questions and concerns addressed promptly and to receive a prompt reply to your letters, telephone calls, emails or faxes.
Now I understand that attorneys are busy people, myself included. But I make sure to address all of my client’s questions either in person, by phone or email, within 24 hours. My clients know that if I am not in the office, they can email me any concerns and get a prompt response.
My father fell out of bed in a nursing home while I was with him. I stepped away to speak to the nurse and he fell out of bed. The home says its my fault for not watching him well enough. Can I sue?
It is important to know what the nurse home’s records say about the patient’s confinement. What does the record say about handrails? Are they to be up at all times? Is the patient allowed to get out of bed unassisted or there is an order that he must be assisted at all times? Very often the nursing home fails to heed to patient’s calls for assistance, for example to go to the bathroom, and frustrated patients end up getting out of bed on their own, and get hurt. Your attorney will be able to look into the patient’s records to see what the protocol of treatment was.
I heard about companies that give you money while your case is pending, can you tell me more?
I understand how difficult it must be after an accident, when the client is hurt and is unable to work, and earn a living. There are funding companies that advance money which must be paid back by the client at the end of the case. Their selling point is if you don’t win, you don’t have to pay back. But I urge people to read those contracts carefully. Many cases take time to come settle, and even longer to come to trial, and in the meantime the interest on that loan you took grows. Please read the contract and see what happens to that sum you borrowed, a year from the date of signing, and know the amount that will have to be paid back. Make sure you are comfortable knowing that the sum may double or triple down the line, as the case progresses.