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Natasha Bystritskaya Hosts Irene H Gabo to Answer Audience Questions About Personal Injury

 In Irene H Gabo, Law, Motor Vehicle Accidents, Slip & Fall, Taxi Accident

Natasha Bystritskaya hosted Irene H Gabo for an Audience Q&A segment about taxi & bicycle accidents, work related injuries, and premise injuries on the popular “Good Morning” show on Davidzon Radio 620AM.

Listen to the Broadcast:

Q&A Transcript

I was on a New York City bus and it was in an accident with a taxi. I am not sure who was at fault, but I was standing and fell from impact to the floor of the bus? Whats the best way to proceed?

As a passenger, in a situation like this, you have the right to bring a claim against both the bus and the taxi. Your medical bills and lost wages will be paid by the no fault coverage of the bus, and since this is a City bus, don’t forget you or your attorney have 90 days to file the initial claim. Who is responsible for the accident is something that will be investigated by all parties involved and their attorneys. Many buses and taxes these days have dash cams or video surveillance on board their vehicle. Also, every time there is a bus accident, a bus supervisor arrives at the scene and does a through inspection and investigation, including speaking to bus driver. Your attorney should obtain the initial investigation report and all related documents that the supervisor collects.

My son was riding a bicycle on Coney Island and was hit by another car. He needed surgery, but the other car is only insured for $25,000.00. Is there anyone else to go after for more money?

First, let your attorney find out if there is any additional insurance, called excess policy, that the driver of the car may have. Before agreeing to settlement of $25,000.00 have the driver of the other car provide your attorney with an affidavit stating whether there is excess. The driver may be sued directly, as well, it’s the collection of money from him that is usually the problem. But for example, if the driver has property that is paid for in full, with no mortgage, that may be an asset to go after.

Second, if you have automobile coverage in your household, over 25,000.00, you can go after your own insurance policy for the excess and possibly collect more money that way. Your company will get a set-off of $25,000.00 but for example if the coverage is $100,000.00, your son can realistically get $75,000.00 if the injuries warrant it.

I fell in my patient’s building while working for a home attendant. I filled out the Workers Compensation paperwork but is there any other recovery I can receive?

It really depends on why you fell, and I would need more information. I have handled cases where a superintendent would wash the floors but fail to put any caution signs or cones for people to be careful, and someone would slip. I have also handled cases where the handrail on the stairwell would not go all the way down, when it should as the person would start falling on the stairs, there would be nothing for him to hold on to. Elevator falls are also common, where the elevator when it stops is not lined with the floor, and the person trips as he is going in the elevator. Feel free to call me with more information about your case, but it is very possible there is another party to go after.

My daughter was injured in one of the party gyms in Brooklyn, but we signed a waiver before went in to play. Are we now precluded from bringing a claim?

If your daughter fell because of gym employee’s negligence, there may be a case. Now I understand kids run around wild in those gyms, and slide and climb and jump, things happen. But that is much different from for example, an employee spilling something on the floor, and failing to timely clean it up, causing your daughter to slip on it. There have been cases that dealt with injuries due to overcrowding where the number of people in the party greatly outnumbered the room capacity. Finally, lack of supervision could be part of the claim, if applicable. Usually these parties have 2-3 people assigned to the party from the gym, who oversee supervising the kids and making sure things run smoothly. If they didn’t’ do their job, you might have a claim for your daughter’s injuries.

I tripped on a sidewalk by a store, but didn’t fall, and left after a while without telling anyone. Now I went to the hospital a week later after my ankle got swollen and I am told its broken. Is it too late to do anything?

It’s not too late, but I would have of course preferred that there would be a witness and you’d have a written report done with the store and take photographs of the location of fall shortly thereafter. Nevertheless, many stores these days have video surveillance, which keeps recording for 2 weeks to 30 days, so it’s quite possible your fall is captured on video and can be retrieved if a timely claim is sent to the store to preserve the surveillance. Were there any of the store employees outside, you remember, who might have seen you fall?

Many people don’t seek medical help right away, but that doesn’t mean you are precluded from bringing a claim and its too late altogether. Make sure to follow up with and orthopedist and call me if you have any further questions.

My building’s front door lock is not working and the other day a man followed me into the building, punched me in the face and stole my wallet. I needed stitches to my face. Of course, the guy ran away, and I don’t know what to do now.

Do you know how long the lock has not been working? Is there a superintendent in the building? Have there been prior complaints to the super or building management about the non-working lock? Very often the tenants complain to 311 about non-working locks and those calls will be logged into the Department of Buildings website, which will be helpful. Of course you don’t know who the man who assaulted you is, so the only possible claim to make is against a building for lack of security. Problem is, unless there have been prior complaints or prior assaults that the management knew about but failed to do anything about, or if the lock was broken for a long time and super just failed to fix it the claim is tenuous. Because someone might just as easily walk in after you with a working lock. You can open the lock with a key or someone can buzz you in and the person can walk right after you. Give me a call to see if there are any viable options to proceed against the building.