Restivo and Murphy LLP
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Were you hurt in a subway accident?

When you ride the subway, you may face any number of surprising threats to your safety. For some individuals, this is simply part of the "subway experience" one might have living in New York, contending with the wide variety of individuals who use the subway to get around or seek shelter.

However, if you suffer an injury on the subway, it can prove difficult to know where to turn, depending on the nature of your injury and how it came about. After suffering an injury of some kind on the subway, it is wise to carefully consider what party or parties may hold responsibility for your injuries and the steps you can take to protect your rights and pursue fair remedies for your losses.

If the cause of your harm was another individual, then it is possible that you must engage in a personal injury lawsuit against that individual, but things may get more complicated if the injury is actually the responsibility of the Metro Transit Authority (MTA).

Determining the liable party is key

Here in New York, this sort of matter can grow very complicated very quickly. In Grand Central Station, for instance, a person may board both privately and publicly owned trains, each of which may require individual attention to pursue proper resolution. Before you can even begin seeking fair remedies for you injuries, you must clearly understand which party or parties hold liability and how to properly address them.

If the injury is the responsibility of a municipal entity, then you must build your case very carefully, but remain mindful of potential time constraints that may affect your claim.

Filing your claim effectively and efficiently

Like any injury claim, the more detailed and well-supported you can make yours, the more likely you are to receive fair consideration in court and full compensation in the event of an award. However, it is important to note that lawsuits involving municipal entities often require the victim to file a notice of claim.

A notice of claim is an additional requirement that many local municipalities use to minimize the number of frivolous lawsuits against themselves, in exchange for forgoing sovereign immunity, which may preclude a victim from filing a claim altogether.

Be sure that you understand the window of time that you have to file your notice of claim before you grow to involved in building your injury claim. If you do not file the notice of claim in the proper window of time, you may find that you simply lose your ability to bring the lawsuit at all.

Addressing any injury you receive on a subway is important, but it is absolutely essential that you understand the claims these injuries produce are significantly different from other injury claims. Be sure to do your homework to avoid costly errors and missed deadlines.

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