Are you a victim of a New York City train crash? Many people don’t understand how often subway mishaps like derailments, collisions, slip-and-falls, and pedestrians getting hit by trains actually occur. There is a strict deadline for filing claims, so if you think you’re owed money for damages, you better get on it.
Discuss your unique questions and concerns with train lawyers specializing in personal injury cases to learn more about your rights and alternatives following an accident.
After being involved in a train accident in New York, how can I establish that negligence was a factor?
You may be able to sue the Metropolitan Transportation Authority (MTA) or the New York City Transit Authority (NYCTA). These common carriers have an increased responsibility to safeguard the safety of their passengers in accordance with New York law. They are subject to legal responsibility if a passenger sustains an injury as a result of their negligent actions.
You need to demonstrate that the NYCTA did not offer a safe environment and did not take appropriate care to prevent your accident if you want to claim compensation following the train accident you were involved in. If a railway company or operators, such as the MTA or NYCTA, is found to be negligent in the upkeep of their stations, trains, or tracks, they may be held accountable for any injuries. They are also potentially responsible for the carelessness of a railway operator if that person caused the accident.
How long do I have to wait before I may file a claim for personal injury?
Regarding claims involving railway accidents, the state of New York has a very stringent statute of limitations. You only have ninety days from the date your claim occurred to submit a Notice of Claim when your claim is against a government agency such as the NYCTA or MTA. If you miss this deadline, the MTA will not be able to provide you with compensation for your losses.
After the agency has submitted the Notice of Claim, it has a period of thirty days during which it can request a pre-lawsuit hearing and commence discussions. You have one year and ninety days from your accident to file a lawsuit to pursue additional legal action. This deadline applies to future legal proceedings.
In New York, the normal statute of limitations for lawsuits involving personal injury is three years. This time limit governs the filing of personal injury claims against private organizations liable for your accident.