On Behalf of Simon & Gilman, LLP | Jan 4, 2019 | Firm News
Subways stations can be dangerous. First, you have to descend a staircase in order to get the platform, then you have to stand there among crowds waiting as fast-moving trains pass you by. There are even more hazards that you encounter as you move aboard your subway car or once you make it inside. If you’ve been hurt at a station or on a train, you may be wondering who you can hold accountable to cover your medical bills and other expenses.
Most passenger trains, city buses and subways are run by city, state or federal authorities. Many of them are subject to what’s known as “sovereign immunity”. This makes it where you may only sue them if they provide their consent for you to do so. These government bodies often cap damages that you’re able to recover if you are allowed to file suit against them.
In New York, much like any other state, any individual who is injured in a subway accident must first file a Notice of Claim. This generally has to be filed within as little as 30 to 60 days after an incident has occurred. This greatly contrasts with most personal injury lawsuits that allow victims to file a claim within a year or more after an accident in Queens.
Provided that you’ve filed a Notice of Claim and have been granted permission to file a lawsuit, you’ll be permitted to recover up to a certain amount in damages necessary to cover medical costs, lost wages and other damages including pain and suffering. The federal government limits awards that they pay out to train accident victims to $200 million.
New York City and the state government officials have their own limits and requirements for filing claims that deviate from federal ones. An experienced and compassionate personal injury attorney can provide help for injury victims from all types of accidents to ensure that file in a timely fashion so that they can get adequate compensation in their case.
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