There are very, very few attorneys who would take a small property damage case. Check whether you have collision insurance (and a deductible), file a notice of claim against both New York City Transit and MTA to be safe (there are, occasionally, even other technical owners of city buses), and take a lot of pictures.
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Contact a personal injury attorney. Depending upon who owns and manages the MTA, you may have to file a “Tort Claim”. Doing so is the method of notice injured persons seeking compensation must use to pursue a legal claim against a government entity.
Yes, you can sue a public transportation company, but municipal institutions have a certain amount of legal protection. One major difference between filing a personal injury claim against a private company versus a claim against a municipality, or government agency, is the statute of limitations.
You certainly have the basis of a cause of action against the MTA. To determine how liable the MTA may be several issues will have to be addressed…
To determine how liable the MTA may be several issues will have to be addressed… -The first is the degree of security the MTA afforded it’s passengers. -The second is the prior notice the MTA had about other and previous acts of violence perpetrated against passengers.
While the circumstances surrounding each personal injury case in New York may be different, making it impossible to predict the time needed for its resolution, it typically takes between one to three years to negotiate a settlement or obtain a verdict in personal injury litigation.
three yearsUnder most circumstances, you only have three years after a car accident to sue in New York. In some cases, this time limit, known as the “statute of limitations,” may be much shorter, such as in cases where the liable party is a government entity.
In New York City, a filing usually must be made within 90 days of an incident.
If you have a case against the city or state of New York, you cannot go it alone and need the advice of a skilled and experienced lawyer. Generally, you can file against the city of New York almost any type of negligence claim you would bring against an individual defendant.
A personal injury accident case in New York typically takes anywhere from 4 months to as much as 5 years to settle. The quickest we ever settled a personal injury case was 7 weeks, for the entire insurance policy.
You normally have to make a personal injury claim within three years of the date of accident or the date of diagnosis for your illness.
You must fill out the Application for a Pro Se Summons form and submit it to the clerk in the county where you are suing, along with payment of the court fee. The fee must be paid by cash, certified check, money order or bank check. Personal checks will not be accepted.
$15/20Court Fees in the New York City Civil CourtServiceAmountFiling a small claim$15/20File a counterclaim to a small claim$ 5.00 plus postageFile a commercial claim$25.00 plus postageFile a commercial claim in a consumer credit transaction$25.00 plus postage18 more rows•May 5, 2020
A residuary limitation period of three years is set for all disputes not otherwise specifically covered under any law. The limitation period starts when the cause of action arises, that is, when a party becomes entitled to bring a claim. General civil claims: 30 years.
Under New York law, you can only collect damages for medical expenses, lost wages and some other expenses related to your accident. You cannot sue your employer for pain, suffering, or emotional damage stemming from the loss of a loved one.
There are No Upfront Fees for Victims Many do not ask for any money at all before you reach a settlement or receive a verdict. Instead, they provide the necessary financial resources to investigate what happened, file the claim, and sue the liable party if necessary.
State law imposes such an obligation upon people who wish to sue New York State, local government or a government agency for money damages. A lawsuit against the State of New York may only be filed in the Court of Claims. First, however, you must file a Notice of Claim with the State (see Court of Claims Act §10).
In theory, you must present the same type of information needed in any personal injury case to prove a claim against the MTA. In general, those seeking compensation from the MTA must prove that the duty of care was breached, and as a result, you or your loved one was injured or killed.
Each day, the Metropolitan Transportation Administration transports millions of people across the city. While service delays, cleanliness, and customer service are the top complaints that New Yorkers typically levy against the MTA, there are far worse transgressions that occur on a daily basis.
If you have been injured while riding an MTA serviced vehicle or while sharing the road with one, it is in your best interest to consult with a proven New York bus accident lawyer as soon as possible. Visit our website to learn more about suing the MTA. The timeframe for filing a claim against the MTA is limited in comparison to typical personal injury cases. Learn more about suing the MTA below.
Suing the MTA is possible. However, it is not an easy task. The moment that you decide to file a notice of Claim, the MTA will begin a thorough investigation. In most cases, they will seek the evidence that absolves them of fault and places it on you.
If you have suffered injuries as a result of a bus accident in NY, it is imperative that you have an understanding of sovereign immunity and why it matters. In general, government agencies like the MTA are protected by law from being sued for negligence unless the government consents to the lawsuit or waives their protection.
You need to make sure that you file a Notice of Claim against the MTA or NYCTA within 90 days. Failure to file within the prescribed time can be fatal to your claim. There are attorneys who handle property damage claims, but it may be difficult to find one who will take your case if then damage is minimal. If a police report was generated be sure to get that so you can properly identify the driver and bus number. Good Luck!
You need to serve a Notice of Claim within 90 days of the accident to preserve your right to sue. Be sure that you name and serve the correct entity. Was it an MTA bus or a NYCTA bus. Lots of lawyers handle property damage cases but your case might be too small for a lawyer to take.
New York’s Metropolitan Transit Authority (MTA) operates one of the largest mass transit systems in the world. Each day, 8.6 million people use the MTA’s trains, buses, and subway lines to travel around five boroughs of New York City and throughout Dutchess, Nassau, Orange, Putnam, Rockland, Suffolk, and Westchester Counties.
If you were injured in a yellow cab or while taking a car service, you would be dealing with a private company, and would need to file against that company.
Yes, you can sue a public transportation company, but municipal institutions have a certain amount of legal protection. One major difference between filing a personal injury claim against a private company versus a claim against a municipality, or government agency, is the statute of limitations. Generally, in New York, a plaintiff has three years from the date of injury to file a personal injury claim. But when suing a government agency, you must file a Notice of Claim with that agency within 90 days of the injury. This gives the agency in question 30 days to request a pre-suit hearing and begin settlement negotiations. If you choose to pursue further legal action, you have only one year and 90 days from the date of the injury to file a lawsuit. To ensure that your personal injury or wrongful death claim is filed within New York State’s stringent time limits, it is recommended that you consult a qualified auto accident attorney as soon as possible.
It’s important to remember that just because your accident occurred on MTA property or an MTA vehicle does not automatically mean that the MTA is liable for your injuries. You will need to prove negligence on the part of the MTA, or one of its employees acting within the scope of their employment with the MTA. Examples of negligence could include:
Lawyers and writers have often talked about a "multiplier" in personal injury cases, used by insurance companies to calculate pain and suffering as being worth some multiple of your special damages. But that is only true up to a point.
When losses ("damages" in legalese) are significant, the stakes increase for everyone—for you because you want fair compensation for your injuries, and for the defendant (usually an insurance company) because they don't want to pay a large amount to resolve the case.
Consider the counter-offer, and then decide if you want to accept it or not. If you do, fine. Take the money, and sign a release. If you don't, get ready to file a personal injury lawsuit in court.
Remember, the insurance adjuster will probably low-ball you but then you can start to negotiate. It's okay if your demand is on the high side - this will give you room to negotiate later. Learn more about responding to a low personal injury settlement offer.
And in cases where your injuries are relatively minor and the other side's fault is pretty clear, it may be more economical to negotiate your own personal injury settlement, rather than handing over one-third of your award to a lawyer (which is common practice under personal injury lawyer fee agreements ).
Is it clear that the other party was at fault? If it's obvious that the defendant or one of its employees is to blame for your accident—you've got witnesses who will testify on your behalf, for example—you may find it easier to prove fault, and to get a satisfactory settlement on your own.
When To Consider Self-Representation. It's certainly possible to represent yourself in a personal injury claim after an accident come away with a satisfactory result. This is especially true if you have experience handling your own legal matters in the past, and you're able and willing to stand up for yourself and your case.