If you are a New Yorker, the subway is likely a part of your daily routine. We trust the Metropolitan Transportation Authority (MTA ) to maintain safe stations, properly functioning trains, and well-trained operators. But when that trust is broken—whether you slipped on an icy platform, were injured by a closing train door, or suffered in a derailment—the aftermath is terrifying.
You are in pain, facing medical bills, and missing work. Naturally, you want to hold the responsible party accountable. However, suing a massive government agency like the MTA is entirely different from suing a private citizen or a business. The rules are rigid, the process is complex, and most importantly, the deadlines are incredibly short. If you wait too long, you will lose your right to seek compensation forever.
The clock starts ticking the moment you are injured. Do not wait. Contact Sullivan & Galleshaw immediately to ensure your claim is filed on time.
The 90-Day Deadline: The Notice of Claim
This is the most critical deadline you must understand. In New York, you cannot simply wake up one day and file a lawsuit against a government entity like the MTA. Before you can sue, you are legally required to file a formal document called a Notice of Claim.
You have exactly 90 days from the date of your injury to file this Notice of Claim.
This 90-day window is unforgiving. It does not matter if you were hospitalized for a month, if you are still recovering, or if you simply did not know the law existed. If you miss this deadline, your case is almost certainly over before it begins. The courts rarely grant exceptions, and when they do, it requires a complex legal motion to file a “late Notice of Claim,” which is very difficult to win. If you missed this deadline, you need to speak with our New York Subway Injury Lawyers immediately to see if an exception applies to your case.
What Must Be Included in the Notice of Claim?
Filing a Notice of Claim is not just a formality; it must be done flawlessly. The document must contain specific, detailed information to give the MTA a fair opportunity to investigate the incident. This typically includes the exact name and address of the person injured, the precise location where the accident occurred, the exact date and time of the incident, a detailed description of how the accident happened and how the MTA was negligent, and a description of the injuries sustained and the damages being claimed.
If the Notice of Claim is vague, inaccurate, or filed with the wrong specific MTA subsidiary, it can be rejected, and your case dismissed.
The 50-h Hearing
After you successfully file the Notice of Claim within the 90-day window, the MTA has the right to conduct an investigation before you file your actual lawsuit. This often involves a 50-h hearing. During a 50-h hearing, an attorney representing the MTA will question you under oath about the accident, your injuries, and your medical treatment. This is a critical stage where having your own attorney present is essential to protect your rights and ensure you do not inadvertently damage your case. Our Queens Personal Injury Lawyers frequently represent clients during these intense hearings.
Filing the Actual Lawsuit: The Statute of Limitations
Once the Notice of Claim has been filed and the MTA has had time to investigate, you can finally file your lawsuit in court. However, you still face a strict overall deadline. For most personal injury claims against the MTA, you must file your lawsuit within one year and 90 days from the date of the accident.
If your case involves a wrongful death, the Notice of Claim must be filed within 90 days of the appointment of an estate representative, and the lawsuit must be filed within two years of the date of death.
Frequently Asked Questions
What if I was injured on an MTA bus instead of the subway?
The same strict deadlines apply. Whether you were a passenger on an MTA bus that crashed, or a pedestrian struck by an MTA bus, you must file a Notice of Claim within 90 days of the incident.
Can I file the Notice of Claim myself?
While you technically can, it is highly discouraged. The rules regarding what must be included and which specific MTA entity must be served are incredibly complex. A simple mistake can cost you your entire case. An experienced attorney will ensure it is done correctly.
Do Not Wait — Protect Your Rights Today
When you are injured on MTA property, the clock starts ticking immediately. The aggressive legal team at the MTA begins building their defense on day one, and you need someone fighting just as hard for you.
If you or a loved one has suffered a transit injury, the New York Subway Injury Lawyers at Sullivan & Galleshaw, LLP are ready to step in. We know how to navigate the complex Notice of Claim process and will fiercely advocate for your recovery.
Visit our Homepage to learn more about how we help injured New Yorkers, or Contact Us today for a free, confidential consultation. Let us handle the legal deadlines so you can focus on healing.
