You may share in the belief that we can do everything ourselves and don’t need someone else to help do any work for us. You may also think an attorney is too expensive. The truth is that sometimes, especially with legal matters, we really do need a helping hand. Without legal representation, the defendants will absolutely try to take advantage of you by offering you much less than you deserve. They want to pay you as little as possible and protect their own interests. 

In cases involving a government entity like the NYCTA and MTA, there are legal steps that must be taken and deadlines to be met that are not readily known to the layperson. Missing one of these deadlines can impact your recovery, or even lead to your case being dismissed entirely, even if it’s otherwise legit. At the very least, you should have your situation reviewed by an attorney experienced in litigating against the Transit Authority.

Roth & Roth has handled virtually every type of LIRR, Metro-North, subway, and railway accident case. Train accidents can be caused by a wide range of things, including:

• Subway strikes. Where the subway hits someone on the platform or the tracks. This can happens for several reasons. 
• Platform gaps. The space between the platform and the train is often very unsafe. 
• Poor station upkeep. Whether it is the MTA or another rail company like Amtrak, the company is responsible for the safety of its stations, platforms, and stairways. They are liable for any accident that happens in one of these areas and is associated with slips and falls, cracks in the walking surface, raised expansion joints, leaks broken railings, or other maintenance issues.
• Doors closing on people. For years the Transit Authority conductors close doors on passengers and the doors don't retract, they drag passengers or they close on them fracturing bones or causing them to fall.
• Dangerous drivers. Operators are held to certain guidelines of behavior. If they speed, use improper braking or acceleration, or are found to be using illegal drugs, you may have a cause of action against them and against the company for employing them.
• People pushing passengers into the subway. The MTA is responsible for the safety and security of everyone who uses the subway, and for ensuring that its equipment is safe, trustworthy, and reliable. The failure to put in platform screen doors is a design defect that is actionable against the Transit Authority.

In cases against the MTA and/or the NYCTA, you have only 90 days to bring a notice of claim and 1 year and 90 days to bring your case.  You need a lawyer who is familiar with these deadlines as a standard (non-municipal) personal injury case has a three-year statute of limitations (in New York).

The notice of claim tells Transit that you intend to file a claim against them, which allows them to begin their own investigation and make any claim or offer if they choose. This strict deadline, if not adhered to, can be fought if you have a serious injury and the Transit Authority was aware or should have been aware of the incident. It's a very difficult undertaking to extend the time to file a notice of claim, one that the attorneys at Roth & Roth can evaluate and help determine the potential chances of success.

Suppose you were running down the stairs to catch your train and slipped on a broken step. Can you still recover for your injury even though you were partially at fault for running down the stairs?

The answer is, yes, probably. New York follows a pure comparative negligence rule, which means that the claimant (you) can recover even if you are partly responsible for the accident that caused the injury. Comparative negligence means that fault is distributed among everyone involved in the accident. So, if you’re running down the stairs and are found to be 25% responsible for your injuries, and the Transit Authority’s broken step is 75% responsible, you can still recover (only) 75% of the damages.

As with any personal injury case, you are entitled to “fair and adequate” compensation for your injuries. Not only your physical injuries at the time of the accident but any other monetary compensation that is needed for your recovery may be covered, including:

• Medical expenses. For such things as hospital stays, doctor visits and follow-ups, therapy, surgery, and specialist referrals
• Lost income past and future. Both for wages lost during the time you are hospitalized and recovering from the injury, as well as for future lost wages if you cannot work due to disability, and lost earnings if you must seek a different job.
• Pain and suffering. Unlike some states, New York does not have a payment limit on pain and suffering. Pain and suffering is determined by a jury based on the testimony and medical evidence following an accident. You need experienced lawyers who know how to document and present these injuries to a jury.
• Wrongful death. There are two types of damages associated with wrongful death: pain and suffering (including fear of impending death) and the loss of financial support 
• Loss of consortium. If a loved one is injured due to another person’s or entity’s negligence, you have a claim for loss of their companionship and support for the spouse. 

Besides filing the notice of claim mentioned above, having an attorney at your side makes handling your case much easier. To begin with, a large company like the MTA or Amtrak has its own legal team, and they will be working to find all the ways to claim that your injury was not their fault. Alternatively, they will likely make offers that do not take into consideration all the expenses that you are entitled to be paid for. They want to pay you as little as possible.

For instance, if you slipped on the stairs because of a broken step, many attorneys would like to know who was responsible for repairing the step, when a work order was made for that step, and how long the step had been broken. They would also want to review any video of the area to see what happened. Any experienced attorney should immediately get statements from witnesses and other people familiar with the area who saw what happened or know how long the defect existed.

In addition, your attorney should know how to handle other legal aspects of a case, such as:

• Investigation of the incident. Whether it is a simple slip and fall in the station or a serious accident involving an entire train car, it needs to be investigated to make a proper claim against the NYCTA.
• Discovery. This is a legal term that means acquiring records from the other party or parties to help build your case. Discovery can mean things like surveillance camera videos, security reports, personnel records, and witness statements. Although you can get these yourself, your attorney can often get them faster, which is important.
• Pretrial negotiations. Once all this information has been uncovered and prepared, it is always possible that the other side will agree to negotiate rather than litigate. At this point, you need someone who can translate the legalese to you that will be applied to your specific case, so you understand what you are being offered and agree to. 
• Lost income. As a layperson,  you should never try to go to trial by yourself. The old saying about the man acting as his own attorney having a fool for a client is always true. Once you go to court, you will be on the opposing counsel’s home turf, and they will have all the advantages. You must have someone who can fight for you on the same playing field-you must have a lawyer representing your best interests.
• Hiring expert witnesses. In a case involving something like a train, the need for an expert witness (or many) at trial can be essential. Explaining the mechanism of injury, the degree of fault of the driver, the company, and any additional parties are best left to someone who understands the physics of such things.