New York Subway Accident Lawyers
You understand how vital the subway system is if you live and work in New York City. Mass transit systems are essential for megacities with populations greater than ten million. The personal injury lawyers of Burns & Harris Attorneys At Law could provide you with legal representation if you suffered injuries during a subway accident. Many different circumstances can give rise to personal injury cases related to the use of subways.
Subway accidents can be extremely dangerous due to the confined nature of subway tunnels and the steel and metal that compose the subway train. Although subway accidents are not as common as traffic collisions and truck accidents, they still occur frequently. Call Burns & Harris Attorneys At Law at 800-724-6529 to schedule a free consultation. We can discuss the facts of your case and help you understand the legal options available to you.
Subway Accident Statistics
Millions of people use the subway system every day. Although subway accidents are not the most common type of accident, many people involved in subway accidents die due to their injuries.
Concussions and electrocutions are two of the most common types of injuries subway accident victims experience. Also, many individuals who suffer slip-and-fall accidents on subways must have one or more of their limbs amputated. Approximately eight hundred people suffered injuries on New York City subways in 2018.
Many individuals who suffer injuries during subway accidents are those who intend to commit suicide by jumping on the subway tracks. In some cases, those attempting suicide survive and must undergo medical treatment to recover from their injuries.
What if I Want to Sue the New York City Transit Authority?
You can sue a person or legal entity that may be responsible for causing the accident in which you suffered injuries. You need to retain a personal injury lawyer as soon as possible after the date of the accident. A personal injury lawyer will perform an investigation of the accident and attempt to gather information regarding the New York City Transit Authority’s liability.
The subway operator and any company or municipality that owns any portion of the subway are tasked with making certain that passengers can safely use the subway. Should they fail in their duty to keep passengers from injury and unreasonable risk of harm, and should that failure lead to your injuries, that failure could lead to a finding that they were negligent.
If you want to file legal claims against the New York City Transit Authority, you need to file a Notice of Claim within ninety days of the date of injury. If you do not file your legal claims within this statutory period, you may not be able to seek monetary compensation for your injuries.
If you are able to do so without injuring yourself further, you should photograph any damaged equipment related to your accident. Also, photograph or video the area around the space in which you suffered injuries. If you speak to any witnesses who saw the accident, you need to ask them for their contact information and a brief statement about what they witnessed.
If you retain a personal injury lawyer, you will not have to gather all the evidence related to your case yourself. It is important to retain a personal injury lawyer as soon as possible to make sure you do not lose any crucial evidence that can help you establish the New York City Transit Authority’s liability.
The Most Common Causes of Subway Accidents
Subway accidents are caused by many different factors and circumstances. Daily commuters may suffer injuries during a subway accident, but so could a tourist who has never traveled on the New York subway system before. Many subway accidents are unpredictable. Commuters may not understand what is going on until it is too late. Also, commuters often do not have any safety devices, such as airbags or seatbelts on subways.
The following are some of the most common causes of subway accidents in New York City:
Other causes may have contributed to the subway accident during which you were injured. Contact Burns & Harris Attorneys At Law today to schedule a free consultation during which we can discuss the facts of your case.
Common Injuries Victims Suffer During Subway Accidents
The lawyers at Burns & Harris Attorneys At Law have experience representing clients who have suffered injuries during subway accidents. An experienced personal injury lawyer can help you seek the financial compensation you deserve. Listed below are some of the most common types of injuries suffered during subway accidents:
Many other types of injuries are possible during subway accidents. Contact Burns & Harris Attorneys At Law today to discuss how the severity of your injuries can affect the amount of financial compensation you may pursue.
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The Value of Your Subway Accident
Claim in New York
If you want to know the potential economic value of your case, it is important that you discuss the facts of the accident and your injuries with an experienced personal injury lawyer. If you have any medical reports, photographs, or videos regarding your injuries, you need to share these with your lawyer.
You may recover financial compensation for the following:
Why Should I Contact a Personal Injury Lawyer?
The best thing you can do is speak with a personal injury lawyer as soon as possible after receiving medical treatment for your injuries. You must file your legal claims within the statute of limitations period. If you attempt to file a lawsuit beyond the statute of limitations deadline, you will be barred from recovering financial compensation for your injuries. In New York, a lawsuit against the New York City Transit Authority must be filed within one year and ninety days from the date of the accident.
The transit authority and insurance companies will investigate the accident in which you were injured. Attorneys representing the transit authority will be prepared to conduct extensive discovery and wear you down over time.
You need to contact a personal injury lawyer who can help you understand the reasons standing up to the transit authority alone may hinder your ability to seek the financial compensation you deserve. When you contact a personal injury lawyer from Burns & Harris Attorneys At Law, we’ll discuss all the benefits of legal representation.
A personal injury lawyer can perform a private investigation of the accident and its causes. The Freedom of Information Act permits an attorney to gather important records and data about the New York City Transit Authority. Your personal injury lawyer will also seek out witnesses and record their statements. The subway conductor may have critical information regarding the subway accident, and a personal injury lawyer can interview them to determine the cause of the subway accident.
The subway station likely has surveillance cameras situated in different areas throughout the subway station and platform. When you retain a personal injury lawyer, they will subpoena any surveillance video that may have recorded the accident in which you suffered injuries. Often, a personal injury lawyer can use surveillance video to establish liability and prove that you did not contribute to your own injuries.
If you attempt to represent yourself, you may discover that the New York City Transit Authority tries to keep from giving you evidence that it believes may be detrimental to its case. A personal injury lawyer can use different legal tools such as subpoenas and motions to make sure the Metropolitan Transit Authority does not destroy evidence related to the subway accident.
Which Entities May Be Liable for Subway Accidents?
The transit authority may be liable for a subway accident. Also, defective products may have caused a subway accident, and the defective product’s manufacturer may be liable for the accident. Individuals operating the subway may also be liable for any subway accidents that injure passengers. Subway operators have a duty to prevent injuries to the passengers and operate the subway train in a reasonable manner.
Subway passengers may also be liable for a subway accident. Passengers may behave dangerously and cause accidents by damaging the subway train. Other passengers may contribute to subway accidents by having physical altercations with other passengers.
You need to pursue financial compensation for your injuries from the party whose negligence caused the accident. Contact Burns & Harris Attorneys At Law today to schedule a free consultation. We can help you determine what compensation you may be entitled to after suffering injuries during a subway accident.
The Timeline for Insurance Claims and Lawsuits
The absolute first action you must take after suffering injuries during a subway accident is to seek medical treatment. Medical evaluations, chiropractic appointments, surgeries, and physical therapy sessions may all be necessary after suffering an injury during a subway accident. You may not notice any symptoms after being involved in a subway accident, but this does not mean you do not have serious injuries that a medical professional must address.
Some injuries may not produce discernible symptoms until weeks or months after the date of an accident. The medical records that medical professionals create throughout your treatment will help substantiate your personal injury claims and strengthen your case.
Next, you should preserve evidence and obtain any information concerning the subway accident. Take photographs of the accident scene, collect information from witnesses, and preserve all the documentary evidence related to your time off work and medical treatment.
After retaining a personal injury lawyer, each party involved in the dispute will investigate the accident, analyze evidence, develop strategies, and determine theories of liability. Your lawyer may send a demand letter to the responsible party and open settlement negotiations.
The settlement period may be short or long depending on the facts of the case, the severity of your injuries, and the relevant evidence establishing that the individuals and entities associated with the subway did, in fact, contribute to the conditions that caused your injuries.
Next, if a settlement agreement does not resolve the dispute, your lawyer will draft a Complaint, review it with you, and file it with the appropriate court. Once your lawyer files the Complaint, the defendant will respond with an Answer, and the discovery phase of litigation will begin.
Discovery is a mechanism for gathering information and evidence about the accident, the parties, and the witnesses who may have observed the subway accident. After discovery is complete, the negotiation process will resume, enhanced by all the information that both sides obtained during the discovery phase.
Mediation and arbitration are forms of alternative dispute resolution that may resolve the case. However, if these alternatives fail, then a jury trial or bench trial may be docketed and a trial date set. After trial, if the verdict doesn’t go your way, your case may be appealed. Your personal injury lawyer may also file post-trial motions to protect your legal interests.
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The Importance of Contacting a Lawyer After a
Subway Accident in New York
You may be overwhelmed after a subway accident by medical bills, physical pain, and lost wages due to your injuries. The psychological pain caused by a subway accident can affect your life for months or years. Rapidly increasing medical bills, lost wages due to months of physical recovery, and prescription medication costs can quickly become burdensome.
Many accident victims suffer from depression and anxiety during the months and years after they were injured. You do not have to deal with court filings, depositions, and hiring expert witnesses while you recover from your injuries. Retaining a personal injury lawyer is the best thing you can do to take these burdens off your shoulders while you focus on healing.
Standing up to transit authorities without legal representation will be challenging. If you do not retain a personal injury lawyer, you may not have the chance to obtain the monetary compensation you deserve. Subway accident cases can become more complex as litigation progresses. Having an experienced personal injury lawyer on your side will help you recover from your injuries sooner without taking on the stress of handling a lawsuit on your own.
Choose Burns & Harris Attorneys At Law If You Suffered Injuries During a Subway Accident
Contact Burns & Harris Attorneys At Law in New York if you suffered injuries during a subway accident. We have years of experience representing clients who have been injured in subway accidents. Don’t get pushed around by the MTA. Get an experienced New York City lawyer on your side today. Call 800-724-6529 now. You can also fill out our intake form and a member of our team will contact you.
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