How Much Money Can I Get In A Subway Accident In New York?
Many factors go into determining how much money someone could win in a New York subway accident settlement. It is impossible to estimate without knowing the exact details of your situation.
Potentially recoverable damages could include the recovery of:
- Medically related expenses such as treatment and medication costs, assistive devices, transportation to and from medical appointments, and physical rehabilitation costs
- Medically related expenses in the future
- Lost wages
- Loss of future earnings
- Household expenses
- Pain and suffering
- Emotional distress
- Long-term disability
Factors That Affect the Damages You Can Recover
Even after we have demonstrated liability, there are several other factors that can affect how much money you can get in a subway accident settlement in New York. These include:
- The severity of your injuries
- Whether they will continue to affect you over time
- Your job/salary
- Whether your injuries affect your ability to work
Other factors can affect the strength of your case, as well:
- If you have witnesses;
- If the witness testimony is credible and compelling;
- If you have photographic or video evidence corroborating your claim; and
- If you have medical records and a police report that support your case
In general, the stronger your evidence is, the more likely it will be that your lawyer will be able to negotiate a settlement that compensates you for your injuries, losses, and other expenses. If you are not satisfied with the settlement being offered, you and your attorney can review the considerations of taking your case to court to assert your right to recover the compensation you deserve.
Suing the Appropriate Parties in a Subway Accident Lawsuit
Almost all mass transit systems are owned by the government, although there are situations where the government shares liability with public transit. To prove negligence in a personal injury lawsuit involving a subway accident in New York, we must show that the New York City Transit Authority (NYCTA) an agency of Metropolitan Transportation Authority (MTA) failed to provide a safe, hazard-free environment.
This generally means we must demonstrate that MTA/NYCTA failed to maintain the trains or the station platform, or that the subway driver was negligent in the performance of their duties. Third parties may also be involved, depending on the nature of the accident.
Statute of Limitations for Subway Accident Claims
The state agency, authority, or third party that is liable for your accident will determine the deadline for filing your claim. A subway accident lawyer serving New York can investigate the circumstances of your case to determine who the responsible party or parties are, and which deadlines apply to your specific case. In almost all cases, the filing of a Notice of Claim, a document that must conform to technical rules in terms of content and service (i.e., proper legal delivery,) must be served within only 90 days of the date of the accident. Failure to properly serve a Notice of Claim can be fatal to a case.
Demonstrating Liability for Your Subway Accident
As in all personal injury lawsuits, there are four elements that must be satisfied to successfully pursue compensation for your injuries:
- Duty of care: The duty of care refers to a legal obligation that a party owes to another party to protect their safety and well-being.
- Breach of the duty of care: A breach of the duty of care implies that the defendant failed to provide a safe environment for you, thereby breaching their duty of care.
- Causation: In a personal injury lawsuit, we must prove that the failure of the defendant to provide a safe environment was the cause of the plaintiff’s accident and injuries.
- Damages: As a plaintiff in a personal injury lawsuit, we must prove that you suffered losses, also known as damages, as a result of the accident.
We Can Help You Recover the Damages You Deserve
If you have been injured in a subway accident in New York, our team can help. Our attorneys can review your case and help you determine the amount of money you could potentially win in a New York subway accident settlement. Call Friedman & Simon, L.L.P. today at (516) 932-0400 for a free, no-obligation case review.