“Good Morning” Q&A Segment with Irene H Gabo

Irene H Gabo joins Natasha Bystritskaya for another Q&A segment about slipping on ice, child injuries, car and bicycle accidents, and more on the popular “Good Morning” show on Davidzon Radio 620AM.

Listen to the Broadcast:

Q&A Transcript

I slipped on ice the day after the snow storm from two weeks ago, and now my shoulder hurts. Whats the best way to proceed?

Start with going to an orthopedist for an evaluation, who may send you for an X-Ray or an MRI.

You may need a course of physical therapy for your ankle and your doctor can prescribe a court of treatment. Next I would recommend contacting an attorney for a consultation because where you fell may affect the need for an initial claim to be filed against the City of New York. The deadline to do that is 90 days after the accident. If there were any witnesses to your fall or your took photos of where you fell, provide that to your attorney.

My child was injured at a playground in a City Park, but she was running around, is there a case?

There very well might be one. I handled numerous cases where children get injured while playing in a city park or playground. That being said I need more information about the case. What caused the fall? Was the pavement uneven or was this the area lined with rubber mats and if so, was the mat torn or even? The inquiry must be made with a Department of Parks for the records kept by the park inspectors, who frequently visit the parks and make notes of any defects in these parks, including on the ground as well as playground equipment defect. Feel free to call me at 800-560-0214 and we can arrange to meet for a free consultation.

My husband and I were in a car accident a week ago, no police report, we just exchanged information. Now my neck really hurts and shoulder too. Is it too late to do anything since we didn’t call the police right away?

Yes, you can still make a claim. Generally, you have 30 days to submit what’s called a “no fault application” to the insurance company for payment of your bills and time out of work. You also need to file a form called MV104 with DMV in Albany advising them of the car accident. The information you took at the scene from the other driver should be given to an attorney, so she can check the license plate for driver’s information and insurance coverage on that offending car.

Start with having yourself checked out by the doctor, and get MRIs if necessary. Consult with an attorney about the possibility of a case. Generally, its always better to go to the doctor or hospital right away, even if its to the urgent care centers, which are now all over the borough, with many open on weekends and evenings.

I was riding my bicycle and fell on the roadway, fracturing my arm. The attorney I went to said there is no case right away. Can you give me a second opinion?

How can he know there is no case without getting records from the City of New York about that roadway? Number 1 you need to consult with another attorney. You have a limited time to bring an initial claim against the City of New York, in this case 90 days from the accident, and then start a lawsuit if needed within a year and 90 days. During that time the City of New York may call you to testify about the accident: how it happened, where and why, as well as your injuries and treatment. In the meantime the attorney must contact the Department of Transportation and often the Department of Sanitation to see if there are prior records about the defect on that roadway. The attorney must find out if the City of New York knew about the defect prior to your fall and if they did anything about it. Typically the process takes months as the City of New York searches for permits and work orders, so once again I am surprised about the curt denial of your claim by the other attorney. Give me a call at 800-560-0214, we can go over the accident and your options in more detail.

I broke my left ankle in a fall and now several weeks later my right knee hurts. I told my attorney but he is ignoring it and didn’t send me for treatment at all. What should I do?

This complaint should not be ignored and you must mention the new pain to your treating physician. We have many cases where clients, after fracturing their ankle, or knee or foot, stay off that foot for a number of weeks, or use crutches for a period of time. As a result, they tend to favor the other leg, that was not hurt in the accident, thereby putting extra weight and stress on it. So I am not surprised that the other knee is starting to hurt, its is quiet common and something your doctor and your attorney must explore and not ignore. It may become part of your claim.

I received a letter that I have a “Court Ordered Examination Before Trial”, does that mean my case is on for trial and I have to go to court?

This usual means that you have a hearing scheduled, where you would have to testify under oath and answer questions about the accident and your injuries. The deposition is typically held in a stenographer’s office, many located across the street from the courthouses, in case attorneys need a ruling from a judge on issues they cannot agree on. The deposition is a question and answer type of proceeding with defense counsel asking you questions, you answering and your attorney, interjecting where needed. This is also done in the presence of an impartial interpreter, if needed and always with a stenographer who writes down everything the parties in that room say.

You must be well prepared for this deposition, as the defense counsel will get into your background history, employment history, accident, injuries and their aftereffects of the accident, at the present time. I usually spend a significant amount of time with my clients prior to these depositions, to help them identify which questions may be asked and what to look out for, so at the actual deposition there are no surprises.