New York MTA Subway Accident Injury Lawyers
Millions of New Yorkers rely on the MTA subway system for their daily commute. While the vast majority will never be injured, the potential for serious and even deadly accidents is always present. MTA reported 151 fatalities from train strikes in 2013, about 65 percent of which were classified as accidental, representing a slight 7 percent increase from the previous year. The NYPD Transit Bureau reports that from 2008 to 2013, there were over 3,000 subway assaults, while at least 128 forcible touching arrests have been made in 2014.
If you were hurt in a New York City subway accident, or if a loved one passed away due to their injuries, you may be able to recover compensation for your losses. While compensation cannot turn back the hands of time to erase the accident, it can help to cover your medical expenses, offset lost earnings, and keep you and your family more comfortable during this difficult time. The MTA subway accident attorneys of Sullivan & Galleshaw are armed with over 16 years of experience, and we will fight aggressively to help you pursue justice. To set up a free and confidential legal consultation, call our offices at (718) 843-0300 today.
Types of Subway Accidents
Because subway trains are so massive and move at high speeds with limited braking capabilities, the consequences of accidents can be devastating or even fatal. However, the actual trains themselves are not always involved in injuries and death. There are many different types of accidents and attacks which can occur in the MTA subway system, whether inside, outside, or nowhere near a train. Some different kinds of subway incidents might include:
- Direct impact with subway trains
- Entanglement between a train and the edge of the subway platform
- Entanglement in malfunctioning subway train doors
- Physical assault; this may be in combination with sexual assault and/or the theft of money or property
- Sexual assault, often in conjunction with physical assault
- Slip and fall accidents, typically caused by broken or loose flooring or handrails, inadequate lighting, unmarked wet patches, unsecured wiring, or hazardous debris
These accidents can lead to severe injuries capable of altering your physical abilities and the course of your life. Our personal injury lawyers can help you recover compensation for any injuries you may have experienced as a result of an MTA subway accident in New York City.
Types of Subway Injuries
Depending on the type and severity of accident involved, injuries and medical effects may include:
Broken or Fractured Bones
People can suffer from broken bone injuries after being involved in a subway accident. These injuries can be excruciating and may take months or years to heal fully. Many people take the subway and are standing up while they wait to arrive at their destinations. Most of the time, they depend on posts distributed along the cabin to remain stable. However, if a subway operator pushes the brakes too hard or otherwise causes an accident, people may lose control over their bodies, often falling to the floor.
This is the time when most people suffer a broken bone injury. Besides being painful, a fractured wrist, finger, ulna, or leg can require a lengthy recovery period. Frequently, these fractures may need medical attention, which can cost a lot of money. Our personal injury lawyers can help you obtain the compensation you deserve from the liable parties.
Head injuries can be extremely dangerous and can cause a wide range of problems both immediately after an accident and further down the road. Depending on the extent of your head injury, you may need continuing medical treatment and costly surgery. Medical intervention can put you under financial duress as medical bills keep piling up. Our personal injury attorneys can help you hold the liable parties responsible for their wrongdoing and obtain the compensation you deserve for your losses.
Traumatic Brain Injury (TBI)
Traumatic brain injuries are caused by a heavy blow to the head and are responsible for many different types of issues. A TBI can lead to several physical and cognitive problems such as apraxia, ataxia, mood changes, fogginess, and other symptoms. A mild injury can take little time to heal; however, in more severe cases, a brain injury can cause long term problems or be fatal. If you or a loved one suffered a TBI due to the actions of a negligent subway operator, our personal injury lawyers can help.
Spinal Cord Injury (SCI)
Spinal cord injuries can be extremely dangerous as they can affect your ability to move and experience sensation from the site of the injury down. This type of injury occurs when a person experiences a heavy blow to the back, where the spinal cord is located. Severing the spinal cord can cause quadriplegia, tetraplegia, and paraplegia. These injuries require continuing medical support, medication, and therapies, which can be costly. If you suffer from an SCI due to the negligence of a careless or reckless train operator, we may be able to help you obtain the compensation you deserve.
Unfortunately, many of these injuries tend to lead to ongoing emotional, physical, and financial problems which persist into the future. In cases of a particularly severe injury, such as paralysis, the victim may lose some or all of their ability to work, live independently, and participate in hobbies and leisure activities they once enjoyed. At times like this, a skilled, knowledgeable, and experienced lawyer can help you hold the liable parties accountable and obtain the compensation you deserve.
Liability for MTA Subway Injuries, Attacks, and Deaths
After an accident on an MTA subway, you may wonder who will be liable for your injuries. There may be several parties involved in your claim. For instance, you may have a claim against a negligent subway operator. However, you can also bring in the MTA as the entity responsible for ensuring your safety at all times. It is essential to know that a claim may arise not only because of injuries occurred inside the subway. A claim can also happen because of an injury occurred in any place controlled by the MTA, such as the waiting platform.
Depending on the circumstances surrounding an incident, it may be possible to demonstrate that MTA was negligent and may, therefore, be held liable. However, because MTA is a heavily-protected public entity, there are certain factors which must be taken into consideration. For example, while New York’s statute of limitations for vehicular accidents is generally three years, in MTA cases you must file a Notice of Claim within 90 days of your accident, or your claim will be unable to proceed. The statute of limitations is a legal timeline people must follow to file their claims with the court. The idea behind this statute is to motivate plaintiffs to submit their claims in a timely manner. If you miss this legal deadline, you may be left without legal recourse and be unable to obtain compensation.
Because the MTA is legally well-guarded compared to an individual defendant, it is especially vital that you have dedicated and tenacious legal support on your side for these types of claims. Our personal injury lawyers can help you understand the process and file your claim in time so you can have a fighting chance against the liable parties. Our personal injury lawyers are not afraid to tackle the MTA or any other big company. We dedicate ourselves to defending and upholding your rights as an injured victim in New York.
What Compensation Can I Get After an Accident in New York?
In personal injury cases, determining the amount of compensation you can receive will depend on your specific circumstances. However, there are two basic types of damages which may be available to you:
- Compensatory damages (also called pecuniary damages) — Compensatory damages are meant to help the plaintiff regain financial stability and cover the expenses they incurred through the accident. Also sometimes called monetary damages, you may be able to recover compensatory damages for:
- Medical expenses, such as prescription drugs, ambulance rides, physical therapy, or hospital bills
- Pain and suffering; because emotional distress is not readily quantifiable, having hard documentation (e.g., psychiatric records showing PTSD) can strengthen a claim
- In cases where a loved one was killed or permanently and fundamentally altered, such as through severe brain damage, you may be able to recover damages for loss of companionship.
- Non-compensatory damages (also called punitive damages) — At first, it may seem odd to think of non-compensatory compensation, but the reasoning is that punitive damages are ordered as a punishment in cases where the defendant was reckless, wanton, or malicious. The other purpose of punitive damages is to serve as a deterrent to other would-be offenders.
New York MTA Subway Accident Lawyers Offering Free Consultations
If you were severely injured in an accident on or caused by an MTA train, or if someone you love was a victim of wrongful death, you could be entitled to compensation for your losses. We understand the hardships associated with an injury and the amount of time and stress you can suffer. That is why we dedicate our time and effort to aggressively and strategically fighting for your rights as an injured victim.
Thanks to our years of experience, we can hold the liable parties accountable for your losses. We are not afraid to take your case to court and fight for the compensation you deserve. Don’t let an injury take over your life; turn to the help of our personal injury lawyers. To arrange a private and confidential case evaluation with an experienced MTA subway accident lawyer, call the law offices of Sullivan & Galleshaw right away at (718) 843-0300, or contact us online.