Irene Gabo on the Morning Show at Davidzon Radio – January 20 2020
I received a wrong prescription from a pharmacy and unknowingly took it for a month, do I have a case?
I would need to know if the wrong prescription had any side effects, which led to an injury? Few years back I represented a woman who experienced disbalance and dizziness as a result of taking wrong medication for about a month. One day she slipped and fell and fractured her arm. We were able to prove that the negative side effects were not present before she started taking this medication, as evidenced in the doctor’s records and the fall happened due to disbalance which was caused by the wrong medication.
I fell down the staircase in the subway, but got on the train and went to work. Can I have a lawsuit against MTA?
Remember, you have a metro card which you used to enter the subway, which will have the time you entered the station and the date. Do not throw it away. You have 90 days for initial claim against the Transit Authority, and you or your attorney’s office should examine the staircase prior to filing of said notice to ascertain the staircase number. Also, what caused your fall? Was it icy? Cracked? Did you take any photos? Some stations have video surveillance, which should be requested immediately, as your fall may be captured on it.
My mom fell on a sidewalk and hurt herself but refuses to see a lawyer, because she says “she doesn’t want to wait 5 years” to see money. Any advice?
Many cases settle much earlier than 5 years, but a lot depends on the type of case, number of defendants, severity of the injuries, if municipality is involved, and number of other aspects. For example a case against the City of New York, which no surgery, can possibly settle under a year and 90 days in early settlement department of the City of New York. My average cases are 9 months to a year and a half for MVA and 1-3 years for premises cases, but again each case is different.
A tree fell on my car while I was driving upstate? I was hurt. How do I proceed?
Where was the tree located? On someone’s private premises, or on the roadway. If its on the roadway upstate, it is possible that the town is responsible for the tree, or it may even be the State of New York, which means a notice of claim must be filed.
A lot depends on whether the tree was healthy of not. How long was it since it was planted, when was it last trimmed or maintained? What was the weather like at the time of the accident, how strong was the wind? If it was a snow storm, defendant can very likely use “act of G-d” defense, to claim that he was not negligent for the falling of the tree and it was the nature’s (weather) fault.
My doctor is moving offices from Brooklyn to Queens. Can I change doctors few months into the treatment? Will it look bad for my case?
If your doctor is moving and your no fault benefits are still open you can start treatment at a new facility, that accepts no fault as a form of payment. This will not look bad for your case.
I was hit by a car which ran away, police doesn’t seem to be helpful. Anything I can do?
Check if there is a traffic light with City cameras nearby, getting that video through FOIL search can help. Otherwise, you and your attorney’s office may be on your own, in which case I suggest you use social media, post signs in the area and go door to door to business in the area to see if anyone has cameras that could have captured the hit.