Subway accidents in New York are far more common than we think. Just take into consideration that every day more than 4.3 million people use the subway system. Hundreds of people get injured every year in the trains, subway station and other subway system premises. If you have been recently involved in a subway accident you probably have lots of questions and do not know exactly what to do or where to start. Most people do not know that the process of filing a subway accident claim differs from other kinds of accidents. The Metropolitan Transit Authority (MTA) is a government agency, that means that if you want to initiate a personal injury lawsuit, you will first need to submit a “notice of claim”. A notice of claim is basically a document that notifies an institution that someone is filing a claim against them for some reason. In the notice of claim, the victim of the accident should describe the events of the subway accident, the nature of the accident and other details about the legal process that will be initiated. The person who is submitting the notice of claim has 90 days from the date of the accident to submit it. Failing to meet the deadline could cause the case to be discarded. 

How Long Do I Have to File a Subway Accident Lawsuit?

After you have submitted a notice of claim, you will need to wait until the 90 days from the date of the accident have passed to be able to file a personal injury lawsuit against the MTA. If everything went well, you will have one year and 90 days from the date of the accident to initiate the lawsuit. It is crucial that you contact an experienced subway accident lawyer before starting any legal procedures against a government entity. Filing a personal injury lawsuit against the MTA and winning the case will be harder than filing a lawsuit against an individual or private entity. A lawyer will not only help you increase your chances to succeed in court but they will also ensure you meet all deadlines.  

What to Do If My Injuries Are Not Obvious Before The Filing Deadline?

It is perfectly normal that not all of your injuries are evident or obvious before the deadline. Unfortunately, the MTA lawyers know this and they will try to convince the jury that your injuries were not caused by a subway accident. However, you and your lawyer will have to work together before the deadline to build a strong case. Gathering evidence that can assist you prove in court that your injuries were caused by an accident is a vital component of developing a good case. Take pictures of the site, your injuries, and the object that caused your injuries as soon as possible after the event. Attempt to obtain the contact information of anyone who observed your accident. Their statement has the potential to be a powerful asset in court. Keep copies of your medical records, exam results, radiographies or anything that is related to the medical treatment that you received right after the accident.

Mistakes to Avoid When Filing a Lawsuit Against MTA

• Ignoring deadlines: This is probably the worst thing you can do. Since the MTA is not a private entity, you must be very careful when it comes to meeting deadlines and following the process. The best advice would be to start every process as soon as possible to avoid any delays that could affect you in the future. 

• Provide statements: After an accident we do not recommend that you give statements to anyone that is not a police officer or any other social worker. Giving statements to insurance companies or a MTA employee can be a bad idea. If for some reason you admitted being at fault or doing something that caused the accident, that statement will be used against you and that will definitely affect your chances of winning the case. 

• Not listening to your attorney: Your attorney is there to assist you, but you must also put up some effort. Pay attention to their suggestions and follow them. They understand what it takes to prevail in court against a tough adversary such as the MTA.

What Compensation Can a Subway Accident Victim Claim?

If you decide to sue the MTA and seek compensation for the accident, you must first consult with your lawyer to determine which damages you will seek compensation for. You cannot make up an amount of money without having the evidence that supports your claim. Normally, you can receive compensation for medical expenses, lost wages and pain and suffering.Having all of your medical bills, treatment costs, pay stubs, and documents to indicate that you need to be compensated for those expenses can greatly improve your chances of receiving appropriate remuneration.

Subway Accident Attorney

Even though subway accident cases can be more complicated than other cases, you can always count on the lawyers at Greenberg and Stein P.C. Our legal team has plenty of experience representing clients that have been victims of subway accidents. We have recovered millions of dollars for our clients who deserved fair compensation. If you have been injured in a subway accident, contact us at 212-969-8770 to schedule a free consultation with one of our attorneys to review your case.