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Irene Gabo on the Morning Show at Davidzon Radio – March 02, 2020

 In Irene H Gabo, Davidzon Radio, Law
  1. My wife fell in LaGuardia airport, but we were boarding a flight and we didn’t notify anyone. After we came back, her finger was still swollen and when she had an x-ray it was fractured. Anything can be done now?

    If there is no incident report, it will be difficult to prove where your wife fell, without a video camera surveillance recording, if there is one. Recordings usually record only for a certain amount of time before erasing over it and recording new material, so timing is of the essence to notify the airport or airline about the need to preserve surveillance, if any.

    In additional, we need to know the reason for the fall, did she fall over her own feet or as a result of some defect or dangerous condition at the airport. Port Authority of NY and NJ is responsible for the airport and must be sued within 1 year if there is a case, but prior to that a Notice of Claim must be served upon them, at least 60 days prior to a lawsuit.

  2. I was in my husband’s car, he drank a bit too much and hit a pole. I ended up having stitches to my forehead, but insurance says I cannot sue the husband. Why not?

    Unfortunately, no, since it seems like you didn’t have a supplemental coverage from insurance to be able to bring an action against a spouse. When purchasing insurance, if this is the coverage you want, you need to ask for it and make sure it’s in your declaration. Basic liability coverages don’t have that option because of risks for fraud fears.

  3. I was going down to my friend’s basement to get something and there was no light and I fell and broke my ankle. I don’t want to sue him, but who will pay for my bills, I have no insurance?

    Your friend may have homeowners or renters insurance that may have what is called “medpay” coverage, that allows “x” amount of dollars for coverage of medical bills if someone is injured on the insured’s property.

    If there is no such coverage, you can be seen at any of the public hospitals, without insurance such as Coney Island or Kings County.

  4. My mom was supposed to have bed restraints in the nursing home, but seems that she didn’t and she fell out of bed and hit her head very badly, but she has Medicare and Medicaid, will she lose it if we sue nursing home

    Medicare and HRA allow the person on those programs a limited income, in order to remain on those programs, Medicare does not have that limitations. So if your mother receives a settlement, she is allowed to keep only a limited amount in order to qualify for Medicaid. It is possible, Medicaid will want some of the money back for the nursing home stay and treatment and so will Medicare. Various spenddowns are available and allowable in New York, where you are allowed to spend on approved resources from that settlement and still stay on Medicaid.

  5. My husband died in a car accident, and our attorney got a settlement, but the court won’t release the money because my child has no guardian, can you help?

    Yes, I can. I a party dies without a will, and there is a settlement distribution, assuming there is wife and children, the children cannot get the money on their own as they are under 18. Guardian must be appointed to receive the settlement sum that goes to the child, and deposit it in the savings account at a bank. The intestacy laws govern how the money is split up in the family and I will be happy to consult you on the issue.

  6. We were at a wedding and my grandfather fell on the dance floor and was hurt, I am not sure why but there were so many people pushing and shoving I think someone pushed him. Anything we can do?

    This may be a crowd capacity issue, so your attorney will need to find out how many people were at a party v. how many they actually left a deposit for and if that number exceeded the amount of people that the dance floor allowed. I would request cameras and there may be an issue with crowd control, and failure to provide safety to patrons.