Metro and Subway Accident Lawsuit & Settlement in 2024
If you or your loved one is injured in an accident on the subway, file a metro and subway accident lawsuit before it’s too late. A trained and knowledgeable attorney will help you get maximum compensation for the claim.
Defective subway trains, faulty train brakes, and malfunctioning operating systems lead to subway collisions. If you work for the MTA and think that the cause of the accident was negligence on their part, it’s important to fight hard for your rights.
Types of subway injuries
Common causes of subway accidents and injuries
- Driver error.
- Insufficient maintenance.
- Insufficient lighting.
- Equipment malfunction.
- Negligent security.
Causes of metro subway accidents and liability
The metro subway accidents range from minor mishaps to major incidents taking away many lives. You can file a subway injuries claim if you have been struck by a moving subway or if you have suffered physical and brain injuries.
In most cases, the passengers are put at risk of serious injuries or will go through a traumatic experience. Furthermore, the eventual department being the state Transit Authority is also accountable for accidents under its administration. Proper inquiries are done to reach the root cause of the accident and sue the rightly responsible party accountable.
How to file a subway accident lawsuit?
Identify liable parties
From the beginning of the case, you need to determine the owner of the accident site. In addition, sovereign immunity is enforced. It means that you cannot sue a government in its own courts unless it consents to the suit.
For instance, in a federal lawsuit, the cap for passengers injured in a train accident is $2000 million. Moreover, some laws may have an impact on the liability of the state and an influence on your ability to recover after an accident.
A legal notice is required
You need to file a notice of claim when you are suing the state authorities. However, it should be within a particular time period that those with subway accident injuries file a claim. It is usually a 30 to 60-day window.
Who is liable in subway slip and fall accidents
Just like any other property owner or manager, it’s the duty of MTA to keep its premises safe for its travelers. That duty, however, has limits. For example, a New York City subway patron who is injured as a result of a crime or some other intentional act will not be able to recover damages. However, if the MTA had a clear knowledge of or control over the circumstances that caused the injury, they would be liable.
It is recommended that all individuals who have suffered in metro subway accidents should file metro injuries claims as soon as possible to get maximum compensation for the losses and injuries.
How to make a successful claim against the MTA for a subway slip and fall injury?
- The MTA has received written notice of a hazard more than 15 days before an accident.
- The MTA’s employees or contractors performed faulty or inadequate repairs or left construction equipment or debris in pedestrian walkways.
- The MTA was aware of frequent criminal activity at the particular station but did nothing to increase security or ensure subway passenger safety at that station.
Deadlines to file a slip and fall subway injury accident lawsuit?
Unlike slip and fall lawsuit against private parties, you should file a notice of claim within 90 days. The MTA will get 30 days to investigate it. Moreover, you must know that the victim cannot file a lawsuit to recover damages until after that 30-day period. After that, the individuals can file a lawsuit within one year and 90 days.
The failure to file a notice of claim or to start a lawsuit before this deadline will be grounds for the dismissal of any lawsuits. Given these requirements and short deadlines, a victim in a subway accident should contact the top metro and subway accident lawyer in Philadelphia as soon as possible, even if they later decide not to pursue this.
Damages recoverable in Metro Subway accidents
If an accident victim has proper evidence that the MTA didn’t use proper care to prevent an accident or to warn about known hazards, they can recover maximum compensation with a hassle-free procedure. This could include actual and anticipated medical expenses, costs of rehabilitative therapy, lost wages, and pain and suffering. The MTA will help you to sort out this quickly by offering to reimburse immediate medical expenses.
Subway accident victims should always consult with a lawyer before accepting any settlement offers to verify that they are receiving the full amount of damages that they are entitled to receive.
Call Ethen Ostroff Law Firm for a free consultation
If you have suffered in a metro subway accident, choosing Ethen Ostroff is your best decision. He and his professional connections ensure you get every dollar possible for your metro and subway accident lawsuit. Reach out to us to ensure you don’t miss your opportunity to recover the maximum compensation you deserve.
