Injuries on the New York City subway are all too common. When they happen because of the Metropolitan Transportation Authority’s (MTA) negligence, riders may file lawsuits for damages.
Before that happens, however, they must send a notice of their claim to the MTA. The deadline for this is 90 days after the accident. If your claim isn’t resolved, you can file a lawsuit within a year and 90 days. Missing either deadline jeopardizes your recovery, so don’t wait to contact us about your case. When you successful sue the MTA for injuries on the subway, you can recover medical bills, lost wages, and non-economic damages, none of which are capped.
For help with your case from our NYC personal injury lawyers, call The Carrion Law Firm at (718) 841-0083.
Can Victims Sue the MTA for NYC Subway Accidents and Injuries?
New York City subways are hectic, crowded places, and it’s the MTA’s job to keep riders safe. When hazardous subway platforms, driver error, and train malfunctions cause injuries, victims may sue the MTA.
Riders might suffer broken bones when subway doors malfunction and close on them or if they slip and fall over hazards on subway platforms. Major accidents caused by brake failure, track change problems, and other issues are also the MTA’s fault.
Like other employers, the MTA is liable for its employees’ actions. You can sue the MTA for accidents due to train operator error, intoxication, or recklessness.
Unfortunately, intentional assaults are a top cause of injury on the New York City subway. The MTA may bear liability for assaults, ultimately paying victims’ expensive medical bills and other damages.
Notice of Claim Requirement to Sue for Injuries on the Subway in NYC
While you may sue the MTA for injuries on the subway, you must first satisfy the notice of claim requirement set by G.M.U. Law § 50-E.
We’ll ensure claim notices contain the necessary information, including your name and contact details, the claim’s nature, and the accident’s date and location. Since the notice must come within 90 days of the accident, you may not know the full extent of your injuries. We can cite your damages thus far and estimate future losses.
If a victim dies from subway accident injuries, their personal representative has 90 days from their death to send notice to the MTA.
Victims unaware of this requirement and fail to meet it may lose their right to file a lawsuit against the MTA.
What’s the Statute of Limitations for MTA Injury Lawsuits in NYC?
According to § 50-I, victims have one year and 90 days after accidents to file injury lawsuits against the MTA. The statute of limitations for wrongful death lawsuits against the MTA is two years from the victim’s date of death.
You can’t file immediately after sending a claim notice and may have to wait 30 to 40 days. This gives the MTA time to consider the claim and pay it without a lawsuit.
Missing the statute of limitations for MTA injury lawsuits or not sending notices of claims blocks victims from getting compensation. Even if your deadline is fast-approaching, reach out about your case.
What Evidence Do You Need to Sue the MTA for Subway Injuries?
When building your case, our Long Island personal injury lawyers may get relevant eyewitness statements, video footage, photographs, and incident reports.
The MTA has cameras in subway cars and on platforms. We can write and send timely preservation letters so the MTA keeps and provides footage. Footage can help us identify eyewitnesses to interview, as can police reports. You can call 911 for accidents and injuries on the subway, and officers can help process the scene.
We’ll need medical evidence of your injuries, so go to the hospital if you are hurt. We can get medical experts to testify about permanent injuries to prove why victims need future damages. Photograph your injuries right after and keep taking progress photos throughout your recovery, especially if you suffered permanent scarring or disfigurement.
What Damages Can You Sue the MTA for in NYC?
New York is one of the few states that doesn’t cap damages in lawsuits against public entities like the MTA. Because of this, victims can sue the MTA for all damages due to negligence. We’ll record and tally damages for you so you don’t lose track.
Medical Bills
Call for emergency help so you are safely removed from the subway car or platform. These are chaotic areas, especially after an accident. Paramedics can focus on getting you to the hospital, and we’ll seek payment for ambulance rides and other costs.
When we send a claim notice within 90 days, you might already be overwhelmed with medical bills. We can keep bills organized and maintain an accurate damages tally.
Future medical bills are recoverable, too. Medical expert statements can testify about ongoing rehabilitative care costs.
Lost Wages
After suffering bad injuries on the subway, you might miss work. Crushing injuries from sudden door closings and displaced fractures from falls down stairs are hard to heal from. We can have experts estimate your lowered earning capacity from permanent injuries, too. Their testimony helps secure payment for future lost wages as well.
Pain and Suffering
As in any personal injury lawsuit in New York, victims may sue for non-economic damages after a subway accident. Non-economic damages are subjective, so it helps when victims testify about their struggles. The severity of your injury, the type of accident, and your age influence non-economic damages.
There’s no cap on non-economic damages when victims sue the MTA. Settlement offers sent after initial claim notices may not cover non-economic damages, so keep that in mind.
Call Our Lawyers About Your Accident on the NYC Subway
Get a free case assessment from our Staten Island personal injury lawyers by calling The Carrion Law Firm at (718) 841-0083.