There are plenty of potentially dangerous situations that exist at New York subway stations that can cause someone to suffer an injury.
You may fall down the stairs as you head underground to your stop. You may slip and fall on the platform or be pushed onto the tracks by someone else. A body part may get stuck in the subway doors or you may be assaulted while riding the train.
These are just some of the many instances that result in hundreds of subway passengers becoming injured or dying each year.
If you’ve suffered serious injuries or have lost a loved one as a result either at a train stop or on a subway car, then you may wonder what options are available to you to recover medical expenses, funeral costs, lost wages and other damages in your case. Unfortunately, there’s no definitive answer to that question. It varies from case to case.
In most instances, though, any mass transit system is going to be owned and operated by a government agency. Most every entity of this sort is covered by what’s known as “sovereign immunity”.
Under this principle, any prospective defendant to a lawsuit must first be notified of pending litigation and consent to such legal action being taken against them before any case can be filed.
Even if the filing of a lawsuit is ultimately permitted, the statute of limitations to do so may be significantly shorter than if it were being filed against private parties. The amount of damages that can be recovered in such cases may be restricted as well.
In the case of some state’s or municipalities’ transit authorities, a Notice of Claim may have to be filed as soon as within 30 days of an incident having occurred. If that’s the case in your jurisdiction, then by not doing so, you’ll forever lose your right to do so.
By learning more about where you were when your incident occurred and the events leading up to it, a Queens personal injury attorney can advise you of your right to file a lawsuit in your own case.
Source: FindLaw, “Subway accident lawsuits and settlements,” accessed May 04, 2018