Can You File a Personal Injury Claim After a Subway Injury in New York?

Lever & Ecker, PLLC February 3, 2023 Personal injury

For many New Yorkers, the subway is their primary mode of transportation as they travel to and from their destinations. Whether going to work or running errands, you should feel safe on the subway as you go about your daily activities. Unfortunately, accidents can occur anywhere, and the subway is no exception. If you have been injured on a subway in New York, you have the right to file a personal injury claim. 

Lever & Ecker, PLLC’s lawyers have over 65 years of combined experience representing victims of subway accidents in New York. We understand that pursuing compensation after a subway injury may be overwhelming as you recover. That is why our team of trusted lawyers is dedicated to recovering your losses and will offer guidance throughout the personal injury claims process.

Filing a Personal Injury Claim After a Subway Injury in New York

The subway system in New York City is run by the Metropolitan Transportation Authority (MTA), which is a public authority. Thus, victims of NYC subway accidents pursuing a claim against the MTA must file a document called a notice of claim within just 90 days after the accident, and must file their lawsuit within one year and 90 days after the accident. Missing either of these deadlines will almost certainly prove fatal to a case against the MTA. Victims pursuing claims against individuals or private entities not associated with the MTA typically have three years to commence these claims. Given these very short deadlines, it is crucial that you begin the legal process as soon as possible.

To have a successful personal injury claim after a subway injury, you must be able to provide evidence that the liable party (whether the MTA or another entity or individual) was acting negligently at the time of the accident. To do this, you must provide evidence of the four elements of negligence. These elements include proving that the liable party owed you a duty of care, breached that duty, that breach led to your injury, and that you suffered losses. Additionally, you should collect evidence that will strengthen your case, which can include any of the following:

  • An accident report, if applicable
  • Eyewitness statements
  • Photos and videos of the accident scene and any visible injuries you have suffered

To get help with the personal injury claims process and gather any necessary evidence to strengthen the claim, speak with a trusted subway injury lawyer as soon as possible. 

Can You Collect Damages After a New York Subway Injury?

The damages you may be awarded after suffering a subway injury will vary depending on the details of your specific case. The damages you may be eligible to obtain after filing a personal injury claim in New York include:

  • Pain and suffering, past and future
  • Emergency transportation fees
  • Hospital and treatment bills
  • Lost wages or income, past and future
  • Physical therapy and rehabilitation expenses
  • Prescription medication expenses
  • Short or long-term disability

If you are unsure what damages you may be eligible to collect, consult a knowledgeable subway injury lawyer.

Speak With an Award-Winning New York Subway Injury Lawyer Today

If you have been injured while riding the subway in New York, our award-winning subway injury lawyers at Lever & Ecker, PLLC, can build a strong case and secure the compensation that you need to recover physically and financially. We have over 65 years of combined experience working with injury victims in New York for various subway injury cases. We are prepared to go to trial if necessary, if that is what it takes to obtain the compensation you deserve. 

To schedule a free consultation and speak with one of our experienced New York personal injury lawyers about your case, call (718) 933-3632 to reach our Bronx office or (914) 288-9191 for our White Plains office. You can also reach us by filling out our contact form today.