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OVER 75 YEARS OF LEGAL EXCELLENCE IN PERSONAL INJURY LAW

If you've been injured in a New York City subway accident, Kelner & Kelner provides strong legal representation to help you recover compensation for your injuries. Our subway accident lawyers have secured substantial settlements for passengers, workers, and bystanders affected by subway incidents throughout NYC's extensive transit system.

Free Consultation - Act Now

Injured in NYC? Contact Kelner and Kelner today at (212) 235-1027 or through our website.

Financial Compensation You May Be Entitled To After a Subway Accident Injury in NYC

At Kelner & Kelner, we understand that subway accident victims face significant physical, emotional, and financial challenges. As your subway accident lawyers, we work diligently to help you recover every form of compensation available under New York law. Here are the types of damages you may be entitled to receive:

  • Medical Expenses: Coverage for emergency care, hospitalization, surgeries, medications, physical therapy, rehabilitation, and ongoing medical treatment related to your subway accident injuries
  • Lost Income: Compensation for wages, salary, commissions, and other earnings lost while recovering from your injuries, including projected future income losses if you cannot return to your previous work capacity
  • Pain and Suffering: Monetary damages for physical pain, discomfort, and reduced quality of life resulting from your subway accident injuries
  • Emotional Distress: Compensation for psychological trauma, anxiety, depression, post-traumatic stress disorder (PTSD), and other mental health impacts following your accident
  • Property Damage: Reimbursement for personal items damaged or destroyed in the subway accident, including phones, laptops, jewelry, and other valuable possessions
  • Permanent Disability: Additional compensation if your subway accident resulted in lasting impairments that affect your ability to work or perform daily activities
  • Disfigurement: Damages for visible scarring, burns, or other permanent changes to your appearance caused by the subway accident
  • Loss of Consortium: Compensation for the impact on your relationship with your spouse or partner, including loss of companionship and support
  • Home Modifications: Coverage for necessary changes to your living space if your injuries require wheelchair access or other accommodations
  • Transportation Costs: Reimbursement for medical transport, ambulance services, and ongoing travel expenses for medical appointments
  • Household Services: Compensation for hiring help with housekeeping, childcare, or other domestic duties you cannot perform due to your injuries
  • Vocational Rehabilitation: Coverage for job retraining or career counseling if you need to change occupations due to your injuries

As your mass transit accident lawyers, we carefully document all damages to build the strongest possible case for maximum compensation. Our thorough approach ensures no potential source of recovery is overlooked.

How a Subway Accident Lawyer Can Help You After an Injury

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At Kelner & Kelner, our subway accident lawyers understand the overwhelming challenges you face after a subway injury. With decades of experience representing New York City transit accident victims, we provide comprehensive legal support throughout your recovery journey. Here's how our train accident lawyers can assist you:

  • Immediate Case Evaluation: Our subway accident lawyers conduct a thorough review of your case, explaining your legal rights and potential paths to compensation during a free initial consultation.
  • Evidence Preservation: We act quickly to secure critical evidence like surveillance footage, witness statements, maintenance records, and accident reports before they become unavailable or are altered.
  • MTA Claims Process: Our team handles all required paperwork and strict filing deadlines for claims against the Metropolitan Transportation Authority, ensuring your rights are protected from the start.
  • Accident Investigation: We conduct comprehensive investigations, including consulting with transit safety professionals, reviewing maintenance histories, and documenting dangerous conditions that contributed to your accident.
  • Medical Documentation: Our subway accident lawyers work closely with your healthcare providers to obtain detailed records and understand the full extent of your injuries and future medical needs.
  • Insurance Negotiations: We handle all communications with insurance companies and claims adjusters, protecting you from tactics designed to minimize your compensation.
  • Liability Assessment: Our team identifies all potentially responsible parties, from the MTA to equipment manufacturers, maximizing your sources of compensation.
  • Damage Calculation: We carefully evaluate all damages, including medical costs, lost wages, pain and suffering, and long-term care needs to ensure you seek full and fair compensation.
  • Settlement Negotiations: Our train accident lawyers leverage decades of experience to negotiate effectively with opposing parties, aiming to secure the maximum settlement value for your case.
  • Trial Preparation: If a fair settlement cannot be reached, we prepare your case for trial, including gathering expert testimony and developing compelling courtroom presentations.
  • Legal Strategy Development: We create customized legal strategies based on the specific circumstances of your subway accident and your personal recovery goals.
  • Client Communication: Our subway accident lawyers maintain regular contact throughout your case, providing updates and answering questions promptly to keep you informed and confident.

At Kelner & Kelner, we understand that choosing the right legal representation is crucial after a subway accident. Our commitment to thorough preparation, strategic advocacy, and client service has helped countless New Yorkers secure the compensation they deserve. Contact our subway accident lawyers today for a free consultation to learn how we can help with your case.

Common Injuries Associated with NYC Subway Accidents

At Kelner & Kelner, our subway accident lawyers have represented countless New Yorkers who have suffered injuries in transit system incidents. As train accident lawyers with decades of experience, we understand how these injuries can impact every aspect of your life. Here are the common types of injuries we see in subway accident cases:

  • Traumatic Brain Injuries: From mild concussions to severe brain trauma caused by falls on platforms, sudden train stops, or impact during collisions, these injuries often require extensive rehabilitation and long-term care.
  • Spinal Cord Injuries: Platform gaps, train derailments, and falls can result in serious spinal cord damage, potentially leading to partial or complete paralysis requiring lifelong medical support.
  • Bone Fractures: Sudden train movements, escalator accidents, and platform falls frequently cause broken bones ranging from simple fractures to complex breaks requiring surgical intervention.
  • Crush Injuries: Incidents involving train doors, platform crowding, or being caught between train cars can lead to severe tissue damage, internal injuries, and potential limb loss.
  • Electrocution Burns: Contact with the third rail or exposed electrical components can cause severe electrical burns, leading to tissue damage, nerve injury, and potential cardiac complications.
  • Soft Tissue Injuries: Sprains, strains, and tears to muscles, ligaments, and tendons often occur during sudden stops or falls, requiring physical therapy and rehabilitation.
  • Lacerations and Abrasions: Broken glass, metal components, or contact with rough surfaces during accidents can cause serious cuts and scrapes that may result in scarring or infection.
  • Joint Injuries: Shoulders, knees, and hips are particularly vulnerable during subway accidents, often resulting in injuries that require surgery and extensive rehabilitation.
  • Internal Injuries: The force of impact during subway accidents can cause damage to vital organs, internal bleeding, and other serious conditions requiring immediate medical intervention.
  • Psychological Trauma: Beyond physical injuries, many victims experience anxiety, depression, PTSD, and other emotional impacts that require professional mental health treatment.
  • Amputation Injuries: Severe accidents involving train wheels, doors, or other mechanical components can result in the loss of limbs or digits, requiring prosthetics and ongoing care.
  • Head and Neck Injuries: Whiplash, cervical spine damage, and other trauma to the head and neck region commonly occur during sudden stops or collision incidents.

If you've suffered any of these injuries in a subway accident, our subway accident lawyers can help you pursue the compensation you need for medical treatment, rehabilitation, and recovery. Contact us today for a free consultation to discuss your subway accident injury case.

Common Causes of NYC Subway Accidents

At Kelner & Kelner, our subway accident lawyers have investigated countless transit system incidents across New York City. Through decades of representing injured clients, our train accident lawyers have identified numerous recurring causes of subway accidents. Understanding these causes helps us build stronger cases and advocate more effectively for victims. Here are the most common causes we encounter:

  • Sudden Train Stops: Emergency braking or abrupt stops can throw standing passengers off balance or cause seated passengers to be jolted forward, leading to serious injuries even at relatively low speeds.
  • Platform Gap Hazards: Excessive spacing between trains and platforms creates dangerous gaps that can trap feet, legs, or entire bodies, particularly during rush hour crowding or when visibility is poor.
  • Defective Train Equipment: Malfunctioning doors, faulty brakes, broken announcements systems, and other mechanical failures can create dangerous conditions that put passengers at risk.
  • Poor Platform Maintenance: Cracked tiles, uneven surfaces, poor drainage, and inadequate lighting in stations contribute to slip and fall accidents that can result in severe injuries.
  • Overcrowding Issues: Excessive platform and train crowding, especially during peak hours, can lead to pushing, shoving, and passengers being forced dangerously close to platform edges.
  • Escalator Malfunctions: Sudden stops, missing steps, broken handrails, and mechanical failures in station escalators frequently cause serious accidents and injuries.
  • Inadequate Security: Insufficient surveillance, poor lighting, and lack of security personnel can lead to criminal incidents and passenger altercations resulting in injuries.
  • Train Door Incidents: Malfunctioning doors, sensors, or timing mechanisms can trap passengers, clothing, or belongings, leading to drag injuries or falls between cars.
  • Electrical System Failures: Exposed wiring, water infiltration, and electrical component malfunctions can create shock hazards throughout the subway system.
  • Track Defects: Misaligned rails, damaged switches, and track deterioration can cause derailments or sudden movements that injure passengers and workers.
  • Communication Failures: Inadequate warnings about train movements, platform conditions, or emergency situations can lead to accidents that could have been prevented.
  • Construction Hazards: Ongoing maintenance and renovation work in stations creates additional risks from tools, materials, and temporary structures that may not be properly secured.

As experienced subway accident lawyers, we understand how these various factors can combine to create dangerous conditions for passengers, workers, and bystanders.

Who is Liable for My Subway Accident Injuries?

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At Kelner & Kelner, our subway accident lawyers understand that determining liability in transit system cases can be complex. Multiple parties may share responsibility for your injuries, and identifying all liable parties is crucial for maximizing your compensation. As experienced train accident lawyers, we thoroughly investigate every potential source of liability. Here are the parties who may be responsible for your injuries:

  • Metropolitan Transportation Authority (MTA): As the primary operator of New York City's subway system, the MTA can be held liable for accidents caused by operational negligence, inadequate maintenance, or failure to address known safety hazards.
  • New York City Transit Authority (NYCTA): This division of the MTA may be responsible for accidents resulting from poor station maintenance, inadequate security, or failures to train and supervise employees properly.
  • Equipment Manufacturers: Companies that produce subway cars, safety equipment, or station components may be liable if defective products or parts contributed to your accident.
  • Maintenance Contractors: Third-party companies hired for system maintenance, repairs, or renovations can be held responsible for accidents caused by their negligent work or safety violations.
  • Construction Companies: Firms involved in station renovations or track work may be liable for accidents resulting from unsafe construction practices or improperly secured work areas.
  • Security Contractors: Private security firms contracted by the MTA may share liability in cases involving criminal incidents or inadequate passenger protection.
  • Station Vendors: Businesses operating within subway stations can be responsible for accidents caused by their operations, such as spills or improperly stored equipment.
  • Other Passengers: In some cases, individual passengers whose reckless or negligent behavior caused your injuries may be held personally liable.
  • Train Operators: Individual MTA employees may share responsibility if their negligent actions or failure to follow safety protocols contributed to your accident.
  • Platform Controllers: Staff responsible for managing platform crowding and passenger flow may be liable if their negligence led to overcrowding injuries.
  • Design Engineers: Firms involved in station or system design may be liable for accidents caused by inherently unsafe layouts or structural issues.
  • Cleaning Contractors: Companies responsible for station cleaning and maintenance can be liable for slip and fall accidents caused by improper cleaning procedures or inadequate warning signs.

As your subway accident lawyers, we carefully investigate all aspects of your case to identify every potentially liable party. At Kelner & Kelner, we understand that public entities like the MTA have special protections and strict claim-filing requirements. Our train accident lawyers know how to navigate these complexities while building the strongest possible case for your compensation.

What To Do After Being Injured in NYC Subway Accident

At Kelner & Kelner, our subway accident lawyers understand that the moments following a subway accident can be chaotic and overwhelming. Taking the right steps immediately after your injury can significantly impact your ability to recover compensation. As experienced train accident lawyers, we've compiled this essential guide of actions to take after a subway accident:

  • Seek Immediate Medical Care: Even if you think your injuries are minor, get medical attention right away. Some serious injuries may not show symptoms immediately, and prompt medical documentation strengthens your legal claim.
  • Report the Incident: Alert subway personnel and ensure they file an official incident report. Request a copy of the report or write down the report number, as this creates an official record of your accident.
  • Document the Scene: If you're able, take photos of the accident location, including any hazardous conditions, equipment failures, or other factors that contributed to your injury. Visual evidence can be crucial for your case.
  • Collect Witness Information: Get names and contact details from anyone who saw the accident occur. Witness testimonies can provide valuable support for your claim and help establish liability.
  • Preserve Evidence: Keep all items involved in the accident, including torn clothing, damaged personal belongings, and your MetroCard. Don't wash or repair anything until your subway accident lawyers have reviewed the evidence.
  • Record Important Details: Write down or record a voice memo about exactly what happened while your memory is fresh. Include the train line, station location, time, date, and any relevant employee names or badge numbers.
  • Avoid Social Media: Do not post about your accident or injuries on any social media platforms. Insurance companies and defense lawyers often monitor these accounts and may use your posts against you.
  • Decline to Give Statements: Apart from basic information for the incident report, do not provide detailed statements to MTA representatives or insurance adjusters before consulting with train accident lawyers.
  • Track Your Damages: Keep detailed records of all accident-related expenses, including medical bills, transportation costs, lost wages, and any other financial impacts of your injury.
  • Save Medical Documentation: Maintain a file of all medical records, prescriptions, treatment plans, and receipts related to your injury care. These documents help prove the extent of your damages.
  • Monitor Your Symptoms: Keep a daily journal noting your pain levels, limitations, and how the injury affects your daily life. This documentation helps demonstrate the full impact of your injuries.
  • Contact Legal Representation: Reach out to subway accident lawyers as soon as possible. The MTA has strict notice requirements and deadlines for filing claims that must be met to protect your rights.

At Kelner & Kelner, we're ready to help you navigate the complex legal process following a subway accident. Our train accident lawyers will guide you through each step while building a strong case for your compensation. We understand the challenges you're facing and will fight to protect your interests while you focus on recovery.

Get Help from Our Subway Accident Lawyers

Don't face the aftermath of a subway accident alone. At Kelner & Kelner, we're ready to protect your rights and fight for the compensation you deserve. Contact us today for a free consultation with our experienced train accident lawyers.

Free Consultation - Act Now

Injured in NYC? Contact Kelner and Kelner today at (212) 235-1027 or through our website.

 


Subway Accident Lawyer FAQs

How long do I have to file a subway accident claim in New York?

When filing a claim against the MTA or other public entities, you must submit a Notice of Claim within 90 days of your accident. After that, you generally have one year and 90 days to file a lawsuit. Missing these deadlines can result in losing your right to compensation, which is why contacting subway accident lawyers promptly is crucial.

Will I need to testify about my subway accident?

Most subway accident cases settle before trial, but you should be prepared to give a deposition about your accident and injuries. Our subway accident attorneys will thoroughly prepare you for any testimony and stand beside you throughout the process.

What if I was partially at fault for my subway accident?

New York follows comparative negligence laws, meaning you can still recover compensation even if you were partially at fault. Your percentage of fault may reduce your damages, but our subway accident lawyers will work to minimize any allegations of shared responsibility.

How much does it cost to hire subway accident lawyers?

We work on a contingency fee basis, meaning you pay no upfront costs. Our train accident lawyers only receive payment if we secure compensation for you through a settlement or verdict.

What if the MTA claims they have no record of my accident?

Our subway accident lawyers can help establish proof of your accident through various means, including surveillance footage, witness statements, medical records, and other evidence even if an official report wasn't filed.

Can I file a claim if I was injured on subway station stairs or escalators?

Yes, the MTA is responsible for maintaining all station areas, including stairs, escalators, and entrances. Our train accident lawyers regularly handle cases involving injuries throughout subway stations.

What if my injury occurred on a bus connection to the subway?

You can still pursue compensation as the MTA operates both subway and bus services. Our subway accident lawyers handle all types of transit-related injuries and can help determine the appropriate claims process.

How long will my subway accident case take to resolve?

Each personal injury lawsuit is unique, but subway accident claims typically take several months to a year or more to resolve. Our train accident lawyers work efficiently while ensuring we pursue full compensation for your injuries.

Do I need to have purchased a MetroCard to file a claim?

No, the MTA has a duty of care to everyone legally on their property, whether they purchased a fare or not. Our personal injury lawyers can help you pursue compensation regardless of fare status.

What if my injury happened during construction in the station?

Multiple parties may be liable, including construction contractors and the MTA. Our subway accident lawyers will identify all responsible parties to maximize your potential compensation.

Contact Kelner & Kelner today to discuss your subway accident case with our experienced legal team. We'll evaluate your situation and explain how we can help you pursue the compensation you deserve.

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