MTA Subway Injury in New York: Get Maximum Compensation

What To Do Right After an MTA Subway Injury

Your actions in the first hours and days can shape your claim. Consider these steps:

• Get medical care immediately and follow treatment plans.
• Report the incident to station staff or a train operator if possible; keep a copy or note the report number.
• Photograph the scene, conditions (liquid on floor, broken step, gap), train car or platform identifiers, and your injuries.
• Collect witness information; save MetroCard/OMNY trip history or receipts.
• Preserve evidence: shoes and clothing (do not clean them), damaged property, and any device footage.
• Avoid detailed statements to insurance or claims representatives before speaking with counsel.

Common Causes of MTA Subway Injuries

• Slip and falls from wet floors, debris, or grease on platforms and stairs
• Defective or poorly lit stairs, loose tiles, and platform gaps
• Train acceleration/braking that causes falls inside cars
• Malfunctioning doors or escalators/elevators
• Inadequate crowd control during rush hours or service disruptions
• Negligent security or failure to address known hazards

Who May Be Responsible

Potentially liable parties can include:

• The Metropolitan Transportation Authority (MTA) and its operating agencies (e.g., New York City Transit)
• Maintenance contractors and escalator/elevator service companies
• Third-party vendors or construction contractors working in stations
• Other negligent individuals whose acts contributed to the injury

Liability often hinges on notice: whether the responsible party knew or should have known about a dangerous condition and failed to fix or warn in a reasonable time.

Special Rules for Claims Against Public Authorities

Claims involving the MTA and related transit agencies follow procedures for public entities. Many matters require a Notice of Claim—often within 90 days—before suing a public authority such as the New York City Transit Authority. See N.Y. Gen. Mun. Law § 50-e and N.Y. Pub. Auth. Law § 1212. Filing deadlines can also be shorter than for private defendants (in some cases as short as one year and ninety days), see § 1212 and N.Y. Gen. Mun. Law § 50-i. Procedures and timing can vary by agency and facts; missing a step may jeopardize a claim. The MTA’s public-facing guidance is available at MTA Claims Information.

Evidence That Strengthens Your Case

• Incident reports, station logs, and maintenance/cleaning records
• Surveillance footage from platforms, turnstiles, or train cars
• Work orders and inspection records for stairs, lighting, escalators, and elevators
• Witness statements and operator/conductor reports
• Medical records and provider notes linking injuries to the incident
• Proof of lost wages, benefits, and out-of-pocket expenses
• Photos and video with timestamps and location markers

Compensation You May Seek

• Medical expenses and future medical needs
• Lost wages, reduced earning capacity, and employment benefits
• Pain and suffering, loss of enjoyment of life, and emotional distress
• Costs for rehabilitation, assistive devices, and home modifications
• Property damage

Families in fatal incidents may pursue wrongful death damages subject to New York law.

Comparative Negligence in New York

New York follows a pure comparative negligence rule: if you are partly at fault, your recovery may be reduced by your percentage of fault rather than barred. See N.Y. C.P.L.R. § 1411.

Why Legal Help Matters in MTA Cases

Public-authority cases involve agency-specific procedures, records requests, and litigation defenses. An experienced attorney can:

• Identify the correct MTA entity and preserve evidence quickly
• Navigate notice requirements and court filing rules
• Demand and analyze surveillance, maintenance logs, and inspection data
• Work with medical and engineering experts to prove causation and damages
• Negotiate with claims representatives and, when needed, litigate in court

How We Build a Maximum-Value Claim

• Immediate scene and witness investigation; rapid preservation letters for video and logs
• Comprehensive medical documentation and life-care planning for serious injuries
• Economic analysis of wage loss and future impact
• Early liability assessment, including notice and code compliance issues
• Strategic settlement positioning with trial readiness if negotiations fail

FAQ

How long do I have to file a claim against the MTA?

Many cases require a Notice of Claim within 90 days and a lawsuit within one year and 90 days, subject to exceptions. Deadlines vary by facts and entity; consult counsel immediately.

What if I was partly at fault?

You may still recover damages under New York’s pure comparative negligence rule, but your award can be reduced by your share of fault.

Will the MTA have video of my incident?

Many stations and areas have cameras. Prompt preservation requests are critical because footage can be overwritten.

Do I need a lawyer?

Public-authority procedures are technical. A lawyer helps preserve deadlines, secure evidence, and maximize recovery.

Take the Next Step

If you or a loved one was injured in the subway, contact us for a free consultation. We will review your facts, explain your options, and move quickly to protect your rights. Request your free consultation.

Sources

• N.Y. C.P.L.R. § 1411 (Comparative negligence)
• N.Y. Gen. Mun. Law § 50-e (Notice of claim)
• N.Y. Gen. Mun. Law § 50-i (Limitation of time to commence actions; torts)
• N.Y. Pub. Auth. Law § 1212 (New York City Transit Authority; tort actions)
• Metropolitan Transportation Authority — Claims Information

New York-specific disclaimer: This blog post is for informational purposes only, not legal advice, and does not create an attorney-client relationship. Laws and procedural deadlines can change and may vary based on your situation; consult a licensed New York attorney about your specific matter. Prior results do not guarantee a similar outcome.