Irene Gabo on the Morning Show at Davidzon Radio – November 15 2019
I heard on your last show that someone tripped on broken boards on the Boardwalk and you said it may be a case. What about a nail that was sticking from the ground on the Boardwalk?
As the City of New York, Department of Parks is responsible for broken boards on the sidewalk, they are also responsible for nails that are not properly affixed to the boards. You have certain time limits within which to make an initial claim, i.e. 90 days, and whether or not you have a case depends on whether the City of New York was aware of the defect on the boardwalk prior to your accident. If there is a tape next to the nail, you know that the City has been to the location and identified that nail as one to be fixed. A FOIL request must be made to the Department of Parks as to when the City of New York knew of the defect.
How long do I have to treat for a car accident case in order to get recovery?
It really depends on the case and your injury, but a typical soft tissue case, you will need at least 90 days to satisfy 90 out of 180 days of disability. You need to treat regularly, especially if your doctor prescribes it. If the doctor says you need to go 3 times a week and you go once a week, the insurance company will say that you are not really hurt as you are not listening to the doctor’s orders.
Does your office offer funding for client before case settles?
An attorney is not allowed to lend money to the client or pay them money for their case out of his own pocket, that is against the law. There are settlement funding companies that lend money to clients at a high interest rate and once your case closes, you need to pay them back. The plus side is if the case is lost, you owe them nothing, however, I do not generally recommend borrowing money this way due to very high interest charges and other fees. It is not unusual to borrow $5,000.00 and end up owing $15,000.00 to the settlement funding company when your case closes three years later.
I slipped and fell in a roller skating rink and fractured my ankle? I did sign a waiver before skating, can I still sue?
These are tough cases, but signing a waiver is not a catch all. It protects the skating rink from getting injured due to your own lack of care or negligence, but I don’t believe the waiver would apply to a situation where, for example, there were parties being held and drinks were brought onto the rink, and spilled. You need to prove that the rink knew of a defect at the rink and didn’t address it timely before your fall. So if the rink knew that there was a party, and failed to stop the partygoers from going onto the rink with drinks, or failed to timely clean up the spill, they may be liable.
I tripped and fell on a crumbled rug in a restaurant as soon as I walked in, and fell forward hitting the second door with my face, fracturing my nose. The owner said I should be more careful, but didn’t offer to pay for my treatment. We go there a lot with my family and I feel bad, but I am hurt and want to sue him.
I would need more information here. Why was the rug there, was it always there, wait it raining and perhaps that is why the rug was there? Was it properly attached to the floor or did, lets say, the front door move part of the rug up, sort of lifting it? A video if there is one, would be helpful, but in general again, the owner needs to have notice of the defect, in sufficient amount of time to address it before the accident. I would ask if the owner has “med pay” which is part of his liability insurance policy which may be available to pay for your medical treatment.
My mom fell in a nursing home in Brooklyn, but is not well enough to bring a lawsuit on her own. Can I take over as a child, and sue on her behalf?
Is your mother physically incapacitated or mentally? If she is incapable of moving about but is alert and oriented a durable power of attorney signed by her and you in front of a notary, may be sufficient to give you the power to oversee her legal affairs. If she has Alzheimers or dementia on the other hand and cannot understand the proceedings, you need to be appointed Guardian by the Surrogate’s court of the County where she lives and the Court will require an affirmation or affidavit from the doctor confirming her incapacitation.