How To File A Claim Against New York State Transit For Injuries

How To File A Claim Against New York State Transit For Injuries

New York’s public transportation system is responsible for taking people to all corners of the city. While it’s a necessary part of NYC’s infrastructure, accidents can and do happen.

A crowded subway platform, a jolting bus ride, or even a simple walk through a transit station can turn an everyday commute into a dangerous situation in an instant. If you or a loved one has been injured on NYC public transportation, you may be facing mounting medical bills, lost wages, and the overwhelming stress of recovery.

The skilled attorneys at Schwartzapfel Lawyers understand public transit accident cases and know how to effectively file an NYC transit claim. We have more than (150) years of combined experiencehelping people just like you recover all the money and benefits they’re entitled to.

And so, if you’d like to pursue a NYC transit claim, you can reach out to us online or by calling 516-342-2200 for a free consultation today. Alternatively, please continue reading.

What Are Your Rights After A New York Transit Accident?

Injuries sustained in a public transportation accident can have lasting consequences. You can be entitled to compensation for all kinds of damages, like medical bills, lost wages, missed contributions to your pension or retirement accounts, and the often-overlooked costs of pain and suffering.

In the tragic event of a fatal accident, families can also be entitled to compensation through a wrongful death claim, especially if safety rules were disregarded. Keep in mind that more than a single party may be held responsible for your injuries — other parties can be involved, too.

Responsible parties could include the transit authority itself if negligence in operation or maintenance played a role. It could also involve individual employees, such as a bus driver who was driving recklessly. In some cases, third parties like other drivers or equipment manufacturers might also share liability.

Time is of the essence after a public transit accident. You only have (90) days to file a Notice of Claim with the appropriate agency. It’s a critical first step that protects your rights and lays out the groundwork for future legal action to be taken.

What Is A Notice Of Claim?

After the dust settles from your public transportation accident, you’re often left with a mess — physical pain, emotional distress, and maybe a stack of medical bills. Filing a Notice of Claim gets the ball rolling and sets you up for success.

Don’t let the legal terminology intimidate you. The Notice of Claim is simply a formal letter that tells the transit agency involved — the MTA, the Port Authority, or whoever else — that you’re seeking compensation for the harm you’ve suffered. Think of it as your opening statement in a legal conversation.

Why is it so important? Well, this isn’t just a courtesy call. New York law requires that you file this notice within (90) days of the accident. Miss that deadline, and you could forfeit your right to pursue the compensation and benefits you’re entitled to later on.

Remember, the clock is ticking. In New York State, you generally only have (90) days from the date of your accident to file your Notice of Claim. So, please, don’t wait until it’s too late. Instead, act now and have Schwartzapfel Lawyers fight for you!

What Should You Include In A Notice Of Claim?

Your Notice of Claim is your chance to lay out the facts of your case clearly and convincingly. Start with the basics: the exact date, time, and location of the incident. Then, go into detail about what happened. Did a bus driver run a red light? Did you fall down a poorly lit subway staircase? The more specific you are, the stronger your case can be.

If you can, identify any witnesses or employees involved. Did anyone see the accident happen? Were there any transit workers around? Their accounts could be invaluable in supporting your claim.

Of course, don’t forget about your injuries. Describe them in detail, from the immediate pain to any long-term effects they may have on your life. If you have any evidence to back it up — photos, videos, medical records — include it here.

Now, you could try to tackle this process on your own, but why would you? At Schwartzapfel Lawyers, we have the experience and the know-how to make sure your Notice of Claim is airtight. We’ll help you gather all the necessary information, present it in a way that’s clear and compelling, and ensure you meet all legal deadlines.

What Are Common Challenges In Public Transit Accident Cases?

Public transportation in the New York metro area is a sprawling network with a maze of agencies responsible for different parts of your commute. You have the MTA, the Port Authority, PATH, and Metro-North, and the list goes on.

When you’re injured, knowing exactly who to file your claim with can feel like a puzzle in itself. And if you file with the wrong agency? Your case might be delayed or, worse, dismissed altogether, leaving you with nothing.

These agencies aren’t exactly known for their charming customer service. They have entire departments dedicated to handling claims like yours. While that might sound helpful, these claims departments are often focused on protecting their own interests, not yours.

You’ll be up against experienced professionals who know the system’s ins and outs, and they’ll likely try to minimize the amount they have to pay you. Then there’s the matter of proving liability. It’s not enough to say you got hurt; you have to show that someone else was at fault.

This isn’t always straightforward in public transit accidents. Maybe the bus driver was distracted, or the subway platform was poorly maintained. But how are you supposed to get the evidence to prove it? And even if you have evidence, how do you present it in a way that’s clear and convincing to the court?

The better you understand all this, the easier it will be to build a winning case. That’s where having an experienced attorney on your side can make all the difference.

The seasoned attorneys at Schwartzapfel Lawyers have successfully handled these challenges numerous times over the past (40+) years. So, please, don’t leave your financial future to chance. Protect it today by getting in touch with us online or by calling 516-342-2200 today.

Why Choose A Skilled New York Public Transportation Accident Attorney?

Dealing with insurance companies and legal paperwork isn’t how most people want to spend their time, especially when you’re healing from an injury. A skilled New York public transportation accident attorney can shoulder that burden for you, allowing you to focus on what truly matters: your recovery.

A qualified attorney is your ally, advocate, and champion in the fight for what’s rightfully yours. While you focus on doctor’s appointments and therapy, your skilled attorney is crafting your case.

They investigate the accident scene, gather crucial evidence, and negotiate with the other side to maximize your compensation. They know the law inside and out, and they aren’t afraid to go toe-to-toe with insurance companies to secure the full and fair compensation you’re entitled to.

Your skilled attorney also helps you understand legalese and guides you through a complicated process that can feel overwhelming. They’ll stand between you and endless paperwork, aggressive insurance tactics, and a maze of legal procedures.

Experience in public transportation accidents is a priority when choosing a seasoned attorney. These cases are different from other personal injury claims; they involve specific regulations, agencies, and a unique set of challenges. A qualified attorney knows the terrain, having successfully fought similar cases and secured compensation for clients like you.

A proven track record is certainly needed, but you also want an award-winning attorney who takes the time to get to know you and your individual needs. Personalized attention is highly beneficial in cases like these. When you choose Schwartzapfel Lawyers, that’s precisely what you get.

Secure Your Future Today With Schwartzapfel Lawyers!

Remember, time is not on your side. You have (90) days from the date of your accident to file a Notice of Claim, and each day that passes could make your case more difficult to win.

Don’t let bureaucracy or intimidation stand in your way. The seasoned attorneys at Schwartzapfel Lawyers are here to fight for you. With over (150) years of combined experience, we’ve helped countless New Yorkers with their public transit accident claims.

For help with yours, call Schwartzapfel Lawyers at 516-342-2200 for a free consultation and so much more. But you shouldn’t wait, as your window to file a claim and recover all the money and benefits you’re entitled to may soon close forever.

To keep that from happening, call us now and start recovering today!

DISCLAIMER: Nothing on this page should be considered legal advice. You should seek the appropriate counsel your situation requires. For more information, call 516-342-2200 now!

Sources

Schwartzapfel Lawyers, P.C. | Fighting For You

New York City Transit | MTA

FILING A NOTICE OF CLAIM | New York State Unified Court System

Learn More | Port Authority of New York and New Jersey

Personal Injury Claim FAQs : Office of the New York City Comptroller Brad Lander | NYC.gov

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