Step-by-Step Guide: How to File an MTA Injury Claim
By understanding how to sue the MTA in New York, you can protect your rights, avoid common missteps, and recover maximum compensation for your claim. When filing an MTA lawsuit, you can follow these steps:
STEP 1: Assess and Report Your Injuries
Seek medical care immediately to prioritize your health and ensure your injuries are documented. While at the scene, try to gather photos of any hazards and collect witness contact information. Also, report the accident to a transit worker and obtain a copy of the official MTA incident report.
STEP 2: Consult an Attorney
You do not have to research public transit laws on your own. A New York personal injury lawyer who handles municipal claims can help you understand your legal options. Our attorneys offer free consultations and work on a contingency basis, meaning you only pay if we win your case.
STEP 3: File a Notice of Claim
You must submit a formal Notice of Claim within 90 days of the incident that details the exact time, location, and nature of your injury. This is the mandatory first step for initiating claims involving a government agency in New York. If you miss this critical deadline, you may be barred from recovery.
STEP 4: Investigation and Response
Once your claim is submitted to the appropriate agency or the Comptroller’s Office, the details of your claim will be reviewed to assess what happened. During this time, you may be asked to attend a 50-H hearing and give a routine statement under oath about the incident. You might also have to undergo a physical evaluation by an independent doctor to verify your medical condition and assess your recovery.
STEP 5: Settlement Offer
If the agency accepts responsibility for your accident, you might receive an offer for a financial settlement to resolve your claim without a trial. It’s crucial to review the offer carefully with your attorney to see if it truly covers the extent of your losses. You have the right to decline the initial offer if it falls short of what you think your claim is worth.
STEP 6: Settlement Negotiations
It’s common for the first offer to be low. Your lawyer will advocate for the full amount you deserve. Our team uses strong evidence to negotiate a fair payout that accurately reflects the full scope of your damages.
STEP 7: File Lawsuit in Court
If negotiations stall, the next step is to file a formal lawsuit within one year and 90 days of the accident. Your attorney will handle the legal legwork by drafting and submitting official documents to transition your claim into an active lawsuit.
STEP 8: Litigation Process
Both legal teams will exchange evidence during the discovery phase of your case. This includes conducting formal depositions with witnesses. If the parties still cannot reach a settlement after evidence has been exchanged, your case will go to trial.
What Kinds of Documents and Information Will You Need?
Presenting the right paperwork and information can strengthen your claim and streamline the process. Documents you may need include:
- Contact details: Your name, phone number, and address
- Incident details: Exact date, time, and location
- Written description: Clear summary of what led to the incident
- Witness information: Names and contact details of bystanders
- MTA details: Specific train, bus route, or station where the accident happened
- Injury details: Descriptions of your injuries and their cause
- Scene documentation: Photos or videos of the scene and your injuries
- Medical records: Doctor reports, treatment notes, and hospital bills
- Expense receipts: Out-of-pocket costs, such as medical care costs
- Proof of income: Pay stubs and wage loss documentation
- Job records: Employment files showing missed time
- Communications: Letters or emails with MTA, the city, or insurance representatives
- Insurance policies: Health coverage and auto insurance details
Critical Deadlines You Cannot Miss
After an MTA injury, staying on top of strict legal time limits will protect your right to fair compensation. Here are three key deadlines to remember:
- 90-day Notice of Claim: Filing this notice within 90 days of your accident initiates the claims process and safeguards your right to move forward.
- 30-day waiting period: Before filing an MTA lawsuit in court, you must wait 30 days after filing a Notice of Claim.
- One year and 90 days statute of limitations: You have one year and 90 days from the date of the incident to file a formal lawsuit in court. Missing this deadline typically means forfeiting your right to recover compensation.
We Have Your Back
Founded in 1967, The Sanders Law Firm has grown into a large, thriving organization of attorneys, paralegals, medical consultants, and support staff – all committed to providing the highest level of legal representation to injured New Yorkers.
How Are MTA Lawsuits Different From Car Accidents?
MTA lawsuits have different requirements and deadlines than standard car accident cases. Here are some key factors that make MTA claims unique:
- Deadlines: While victims must file a car accident lawsuit within three years of the crash, MTA accident victims have a 90-day deadline to file a Notice of Claim and only one year and 90 days to file a lawsuit.
- Potential damage caps: If someone injured in a car accident was uninsured, impaired, or committing or fleeing a felony at the time of the crash, non-economic damages are capped at $100,000. While New York generally does not place a hard cap on compensatory damages in MTA claims, punitive damages are not allowed in cases against public entities.
- Burden of proof: While both MTA and car accident lawsuits use the preponderance of evidence standard, the MTA can raise a governmental immunity defense.
| Legal Feature | Regular Car Accident | NYC MTA Claim |
| Who You Are Suing | A private driver / insurance company | A heavily protected public government authority |
| Initial Deadline | 3 Years to file a standard lawsuit | 90 Days to file a mandatory Notice of Claim |
| Pre-Suit Testimony | None required | 50-h Examination |
| The Defense Playbook | Standard comparative negligence disputes | Qualified Governmental Immunity protections |
| Statute of Limitations | 3 Years from the date of the crash | 1 Year & 90 Days from the date of the incident |
The Sanders Law Firm: Your MTA Lawsuit Partner
Founded in 1967, The Sanders Law Firm has recovered billions of dollars in settlements and verdicts for injured New Yorkers. We have decades of experience handling MTA and government agency litigation, protecting our clients from powerful institutions that may treat them unfairly.
Working with our extensive network of medical consultants, investigators, accident reconstructionists, and other expert witnesses, we build strong cases that are ready for trial. When other firms try to settle quickly, we take a more deliberate and litigation-forward approach. We push cases forward and file lawsuits to create leverage and pursue full compensation.
We’re built for the New York City legal landscape, with a multilingual staff and around-the-clock availability to help you after an MTA accident. We also make quality legal representation accessible with no upfront costs to hire us, and no fees unless we win your case. We understand MTA injury claims and know how to stand up for working families.
Reach Out to The Sanders Law Firm About Your MTA Injury Claim Today
If you were injured on an MTA subway, bus, train, or other city transit, our New York injury attorneys are ready to assist. With locations in Manhattan, Brooklyn, Queens, and on Long Island, legal help is never far away.
Call (833) SANDERS or contact us online 24/7 to schedule a free and confidential consultation with our team today. We’ll discuss your situation, explain your rights, and help you understand your legal options and how you can move forward.