Could You Be Injured on a New York City Subway?

A subway accident can be traumatic and terrifying, and it can also cause severe injuries. If you are injured in a subway accident in New York City, you may be entitled to compensation, but you must contact the offices of a New York subway accident attorney as quickly as possible.

With 472 stations and 665 miles of track, New York City has the world’s largest subway system. On an average weekday, the system serves more than five million riders. That creates plenty of opportunities for accidents and serious injuries.

If you are injured in a subway accident in New York, what are your legal rights? What measures should you take? How much monetary compensation can you receive, and when should you schedule a consultation with a New York subway accident lawyer?

Who Has Liability for Subway Accidents?

The Metropolitan Transportation Authority (MTA) and the New York City Transit Authority are responsible for making sure that subway stations, cars, and tracks are secure and safe for every subway passenger in New York City.

If you are injured in a subway accident, a New York subway accident attorney can help you determine if the party at fault was the operator, the MTA, or a third party. Your attorney will gather evidence, speak to witnesses, and recommend the best way to proceed legally.

However, you must contact a lawyer as soon as you’ve been examined and treated for your injury. If you wait, you will no longer be in the best position to prevail with an injury claim. Witnesses may forget details, and evidence in your case could be misplaced, lost, or even altered.

What Is Your Priority After a Subway Accident?

If you are injured while you’re riding a subway in New York City, and if the Metropolitan Transit Authority is responsible for your injury, you may bring a personal injury lawsuit against the MTA, but like most personal injury claims against government agencies, special rules will apply.

Of course, seeking medical attention is the first and paramount priority after any accident. If you do not submit to an immediate medical exam, a latent or difficult-to-detect injury could emerge days or weeks later as a severe medical condition.

Additionally, a medical examination documents your injury, and you will need that documentation to establish a personal injury claim. The importance of an immediate medical exam after a subway accident cannot be overstated. It protects you both medically and legally.

How Do You File an Injury Claim Against the MTA?

You have three years in New York to file a personal injury claim against a private party, but there are strict deadlines for taking legal action against the MTA (or any other government agency in New York). A notice of claim must be filed with the MTA within ninety days of the incident.

In many cases, a 50-H hearing must also be conducted before your claim can go to trial. A 50-H hearing gives a municipal government or government agency the opportunity to ask questions about the accident and the alleged victim’s injuries – and the opportunity to prepare a defense.

How Are 50-H Hearings Conducted?

A 50-H hearing is comparable to a deposition. These hearings are usually conducted away from a courtroom, in an attorney’s office or a court reporter’s office. You should be accompanied by your New York subway accident lawyer and by any witnesses (such as your medical provider).

After a 50-H hearing, the deadline for bringing a lawsuit against the Metropolitan Transportation Authority is one year and ninety days. If, for any reason, the MTA does not offer you a reasonable settlement amount, your lawyer will take your personal injury claim to trial.

What Happens at a Personal Injury Trial?

Your attorney will provide detailed, personalized legal advice, explain how New York law applies to your injury claim, and advocate aggressively and effectively on your behalf at trial. In a personal injury trial based on a New York subway accident, your attorney will tell the jurors:

  1.  how (and how seriously) you were injured
  2.  why the MTA should be assigned liability for your injury
  3.  how much financial compensation you should recover from the MTA

If your personal injury claim against the MTA prevails, the jurors will find in your favor and order the Metropolitan Transportation Authority to compensate you. The jury will also determine the final amount of compensation you recover.

How Are Subway Accident Victims Compensated?

When you’re injured in the State of New York because another party or parties acted negligently or recklessly, you are entitled to recover compensation for your pending and future medical expenses, lost earnings and projected future lost earnings, suffering, pain, and related damages.

In other words, you will be entitled to recover both “economic” damages (damages you can prove with receipts, such as medical expenses) and “non-economic” damages such as personal pain and suffering.

If a third party is at fault for an MTA accident, that third party will probably be deemed liable (either fully or partially) for any injuries suffered by the passengers, and you may bring a personal injury claim against that party with your subway accident attorney’s help.

Who Should Represent You in a Subway Accident Case?

When you take your subway accident case to the Rizzuto Law Firm, you will be represented by a New York personal injury attorney and by a law firm that has recovered millions of dollars for its clients. We have been fighting for the injured victims of negligence since 2005.

If you are injured in a subway accident in New York City, now or in the future, contact the Rizzuto Law Firm as quickly as possible by calling 516-604-5496, and put your case in our hands. We know how to resolve the most complex and difficult personal injury cases.

Your first legal consultation with the Rizzuto Law Firm is offered without any cost or obligation, and you will owe no attorney’s fee until and unless the Rizzuto Law Firm recovers the compensation you need and deserve.