More New Yorkers than ever are being injured on the MTA/NYCTA (going forward "MTA") subway train tracks. Often, these injuries are a catastrophic failure of the MTA to meet its legal obligations. Further, in the case of a person being struck by a subway while on the tracks the injuries can be severe. These injuries can include traumatic amputations, traumatic brain injuries, spinal cord injuries, electrocutions and death. As mentioned, a lot of people blame themselves and don't understand that the MTA is to blame. Claims can be brought against it that can result in multimillion dollar awards. These awards will never compensate victims for what they lost. However, it will bring them some form of justice that they deserve.
If you or a loved one were injured after falling onto the subway tracks, an experienced NYC MTA Subway Track Accident Injury Lawyer can help you understand your rights.
The attorneys for the survivors of these tragic incidents are left to navigate one of the most legally complex claims processes in New York. Filing a claim against the MTA is not like filing a typical personal injury lawsuit. There are strict deadlines, government-specific filing requirements, and a team of transit attorneys whose entire job is to minimize or deny your claim. One procedural mistake, even a minor one, can end your case before it ever reaches a courtroom.
This guide explains the basic steps involved in preserving and pursuing a subway injury claim in New York and why it is important to get the procedural details right from the beginning.
Step 1: Seek Medical Attention and Document Your Injuries Immediately, If You Are Able
After a subway accident, obviously, get medical attention as soon as possible, even if you think your injuries are minor. Adrenaline can mask pain, and symptoms from head injuries, back injuries, internal trauma, and soft tissue damage may develop later. Early treatment also creates a contemporaneous medical record tying the injuries to the accident.
Tell your medical provider exactly what happened and make sure the mechanism of injury is accurately reflected in the chart. Then follow through with recommended care. In litigation, delayed treatment and unexplained gaps in care are often used to challenge causation and the seriousness of injury.
Obtain medical care. If you are able, document everything, at the scene and immediately after:
- Photograph your injuries, your clothing, and any visible hazards that caused or contributed to the accident
- Note the date, time, station, platform, and train or car information, if known
- Get the names and badge numbers of transit employees present
- Request an incident or report number if personnel respond
- Write down or record the names and contact information of any witnesses
Step 2: Retain a Lawyer and File the Notice of Claim Within 90 Days
You only have 90 days to file a Notice of Claim against the MTA. The 90-day clock generally runs from the date of the accident, not from the date the claimant later appreciates the full extent of the injuries. Missing the deadline can jeopardize the claim, and late-notice relief is limited. In a tort claim against a public authority, a notice of claim generally must be served within 90 days after the claim arises, in compliance with General Municipal Law § 50-e and the applicable Public Authorities Law provision. For claims related to subway track injuries, they need to be named against the New York Transit Authority.
The following information must be included in your Notice of Claim. Any error can be fatal to your claim.
It must state, among other things:
- The claimant's name and address
- The nature of the claim
- The time when, the place where, and the manner in which the claim arose
- The items of damage or injuries claimed, so far as then practicable
The notice should be specific enough to identify the location and occurrence accurately. Vague descriptions of the station, platform, condition, or mechanism of injury can create avoidable litigation over adequacy of notice.
Preserving CCTV Footage and Evidence
Your lawyer should get the CCTV footage (video footage of the accident). It is often the most powerful evidence in a lawsuit, and it disappears fast. Platform cameras can capture exactly what happened, from the conditions on the platform to the sequence of events leading to your injury. But some record retention practices may have footage overwritten in as little as 30 days or less.
In addition, your lawyer should do and get the following:
- Witness contact information and statements
- Employee names and badge numbers
- Maintenance logs and inspection records for the area where you were injured
- Any prior complaints or incident reports involving the same location
- MTA safety data
A preservation letter must be sent immediately after your accident. Once an attorney sends a formal litigation hold notice, the recipient is legally obligated to preserve that footage. Without it, critical evidence may be gone before you ever file a claim.
The MTA's own annual safety reports document track incident data and platform accident statistics. This data can be used to establish that the MTA had notice of dangerous conditions, a critical element in proving negligence.
Understanding what constitutes MTA negligence is critical to building your case. Learn more about operator negligence, negligent security, and qualifying accident types: Can You Sue the MTA for a Subway Track Accident?
Step 3: Attend the 50-H Examination Under Oath
Having an attorney present at your hearing is not just advisable; it is essential. Your attorney can object to improper questions, prepare you for what to expect, and ensure your testimony is accurate, consistent, and protected.
After your Notice of Claim is served, the transit authority has the right to examine you under oath before any lawsuit is filed. This examination is conducted by defendant attorneys. You are placed under oath and questioned. Everything you say is recorded and can be used against you in litigation.
This is not an informal conversation. Defense Counsel are looking to elicit inconsistencies, securing damaging admissions, and locking claimants into testimony that can be used to undermine their case. Common areas of focus include:
- Prior injuries or medical conditions affecting the same body parts
- Inconsistencies between your testimony and your medical records
- Your exact account of how the accident happened and whether it shifts over time
- Whether you were distracted, on your phone, or otherwise contributorily negligent
Step 4: File Your Lawsuit Within 1 Year and 90 Days
If your case does not resolve after the Notice of Claim and 50-H process, you must file a formal lawsuit. The statute of limitations for municipal lawsuits is 1 year and 90 days from the date of the accident.
This deadline is significantly shorter than New York's standard three-year statute of limitations for personal injury cases. The clock starts on the date of the accident. Tolling exceptions are narrow. Waiting to see how your injuries develop, hoping to settle, or simply not knowing the rules does not stop the clock.
Once the statute of limitations expires, your claim is barred, regardless of how serious your injuries are, how clear the MTA's liability is, or how much compensation you would otherwise be entitled to recover.
Why You Should Hire a Lawyer Before Filing Anything
The transit authority is not a small defendant. It is one of the largest transit agencies in the world, and it defends claims aggressively. They employ lawyers whose sole job is to minimize or deny claims by any means necessary. They will use procedural defenses, every deadline trap, and every argument available to reduce or eliminate your recovery. See how a top-rated NYC MTA Subway Track Accident Injury Lawyer fights back against the MTA's legal team.
Speak With The Bull Today!
The steps outlined in this guide are not suggestions; they are legal requirements with hard deadlines, and each one must be executed correctly. A single misstep can permanently end your ability to recover. Fortunately, there are powerful law firms that are expert at aggressively fighting and winning lawsuits against these entities.
The Law Offices of Michael S. Lamonsoff has recovered nearly one billion dollars in verdicts and settlements for injury victims across New York. His firm has also achieved some of New York's highest and record breaking awards and settlements. Michael "The Bull" and his team have the experience, the resources, and the relentless commitment it takes to go up against the MTA and win. If you or a family member has been injured or killed in a subway accident, do not wait. The clock is already running. Call us NOW!
Contact a proven NYC MTA Subway Track Accident Injury Lawyer for a free consultation.
Not sure if your incident qualifies for a claim? Learn who can sue the MTA: Can You Sue the MTA for a Subway Track Accident?
Contact us today for a free consultation. You're not just hiring a lawyer. You're putting your case in the hands of a fighter. You're hiring The Bull.
