How Long Do I Have to File a Claim Against the MTA in New York?

How Long Do I Have to File a Claim Against the MTA in New York?

You have 90 days from the date of the incident to file a Notice of Claim against the MTA in New York. Miss that deadline and your right to sue is almost certainly gone, no matter how serious your injuries are or how clear the negligence was.

Most people don't find this out until it's too late. You're focused on recovering, dealing with medical bills, and trying to figure out what your next step is. The MTA is not going to call you and remind you that the clock is running. By the time some injured people think to contact a personal injury attorney in New York City, the 90-day window has already closed.

This post covers exactly how the MTA claims process works, what the Notice of Claim requires, what happens after you file, and what types of MTA accidents give rise to personal injury lawsuits in New York.

Why Does the MTA Get a Shorter Deadline Than Other Personal Injury Cases in New York?

The MTA is a public authority. In New York, lawsuits against government entities follow different rules than lawsuits against private individuals or companies. The law requires injured people to file a formal Notice of Claim before bringing a lawsuit, and it sets a much tighter deadline than the standard three-year statute of limitations that applies to most personal injury cases.

The reasoning behind the rule is that government agencies need timely notice so they can investigate the incident, preserve evidence, and assess potential liability while the facts are still fresh. Whether that reasoning justifies cutting off injured people's rights is a separate question. The rule exists, it applies to MTA claims, and ignoring it ends cases.

The MTA operates the subway system, city buses, the Long Island Rail Road, Metro-North, and several other transit services across the region. Any accident involving any of these systems triggers the Notice of Claim requirement.

What Is a Notice of Claim and What Does It Need to Include?

A Notice of Claim is a formal written document that notifies the MTA of your intent to bring a personal injury lawsuit. It is not the lawsuit itself. It is a prerequisite to the lawsuit.

The Notice of Claim must include specific information:

• Your name and address: The claimant's identifying information
• The nature of the claim: A description of what happened and the basis for holding the MTA responsible
• The time and place of the accident: The specific date, time, and location where the incident occurred
• A description of your injuries: What injuries you sustained as a result of the accident
• The damages you are claiming: The compensation you are seeking, including medical bills, lost wages, and pain and suffering

The document must be served on the MTA within 90 days. Getting the content wrong or serving it on the wrong entity can create problems that complicate your case down the line. This is not a form you want to fill out without guidance from a personal injury attorney in New York City who handles MTA claims.

What Happens After You File a Notice of Claim Against the MTA?

Filing the Notice of Claim starts the clock on the next phase. The MTA has the right to conduct a 50-h hearing, which is a sworn examination where you answer questions about the accident and your injuries under oath. This is similar to a deposition and typically happens before any lawsuit is filed.

The 50-h hearing is not optional. If the MTA requests one, you are required to appear. What you say at that hearing becomes part of the record and will be used in any subsequent litigation. Having a premises liability attorney or transit accident attorney in New York City prepare you for this examination is important. The MTA's lawyers are experienced at these hearings. You should be ready.

After the 50-h process, you have one year and 90 days from the date of the accident to file the actual lawsuit. That deadline applies even if the MTA has not responded to your Notice of Claim or made any settlement offer.

What Types of MTA Accidents Lead to Personal Injury Claims in New York?

The MTA operates a vast transit network across New York City and the surrounding region. Accidents happen across every part of that system.

• Subway platform falls: Dangerous gaps between the train and platform, slippery surfaces, poor lighting, and crowding create serious fall risks at stations throughout the five boroughs
• Slip-and-fall accidents in subway stations: Wet floors, broken tiles, damaged staircases, and unmarked tripping hazards in stations like Grand Central, Atlantic Terminal, and Jamaica Station cause injuries every year
• Bus accidents: Sudden stops, dangerous turns, driver negligence, and poorly maintained buses injure passengers and pedestrians across New York City
• Subway door accidents: Doors that close on passengers or malfunction while boarding or exiting cause broken bones, torn ligaments, and worse
• Train derailments and collisions: Major incidents on the Long Island Rail Road and Metro-North lines have resulted in serious and fatal injuries to passengers
• Escalator and elevator accidents: Malfunctioning escalators and elevators throughout the subway system send people to the ground with little warning
• Track-level accidents: Falls onto subway tracks, whether from platform gaps, crowds, or structural failures, cause catastrophic injuries

Each of these accident types requires a thorough investigation into what the MTA knew, what maintenance records show, and whether prior complaints about the same condition existed. A personal injury attorney in New York City familiar with MTA litigation knows where to look.

What Do You Need to Prove to Win a Personal Injury Case Against the MTA?

Suing the MTA is not simply a matter of showing you were hurt on their property or their vehicle. You need to establish negligence.

That means proving the MTA had a duty to maintain safe conditions, that they breached that duty, that the breach caused your accident, and that you suffered real injuries as a result. The notice element is often the most contested. The MTA will argue that they didn't know about the dangerous condition. Your case depends on showing they did know, or that the condition had existed long enough that reasonable inspection would have caught it.

Maintenance records, prior complaint logs, inspection reports, and incident histories are critical. Surveillance footage from subway stations and buses exists but gets overwritten quickly. The sooner a personal injury attorney in New York City begins gathering evidence in your MTA case, the stronger your position will be.

Witness statements matter too. New Yorkers who saw the accident happen, or who had experienced the same dangerous condition before, can provide testimony that directly undermines the MTA's defense.

What Injuries Do People Sustain in MTA Accidents in New York?

Transit accidents produce a wide range of serious injuries. The circumstances vary, but the impact on people's lives is consistent.

Broken bones and fractured bones are common in slip-and-fall accidents on subway platforms and station staircases. Wrists, ankles, hips, and shoulders absorb the force of sudden falls on hard surfaces. Hip fractures are particularly serious and often require surgery and extended rehabilitation.

Traumatic brain injuries occur when a person's head strikes a platform, a subway car, a bus seat, or the ground during a sudden stop or fall. Even incidents that don't seem severe at the time can produce concussions or more serious traumatic brain injuries with lasting effects on memory, concentration, and daily function.

Spinal injuries, including herniated discs and compression fractures, result from the sudden jolts and impacts common in bus accidents and train incidents. Torn ligaments in the knees and ankles follow falls on uneven or slippery station surfaces. Lacerations from broken fixtures, exposed hardware, and shattered glass add to the injury picture in more serious accidents.

See a doctor immediately after any MTA accident. Your medical records create the evidentiary link between the incident and your injuries. Delays in treatment give the MTA's attorneys room to argue your injuries came from somewhere else.

What Compensation Can You Recover in an MTA Personal Injury Claim in New York?

A successful personal injury claim against the MTA can recover both economic and non-economic damages.

Economic damages include your medical bills, future treatment costs, and lost wages from time you were unable to work. If your injuries affect your long-term ability to earn, those future losses are part of the claim. Traumatic brain injuries, spinal injuries, and serious broken or fractured bones often require extended care that adds up to significant sums.

Non-economic damages cover pain and suffering, emotional distress, and the ways your injuries have changed your daily life. A transit accident that leaves you unable to commute, work, or care for your family carries real non-economic losses that extend far beyond what the medical bills reflect.

Property damage to personal items lost or broken in the accident can also be included in your claim.

Frequently Asked Questions About MTA Injury Claims in New York

Can I get more time to file a Notice of Claim against the MTA if I missed the 90-day deadline?

Possibly, but it requires a court order. The court considers whether the MTA had actual notice of the accident anyway, whether they were prejudiced by the delay, and whether you have a reasonable excuse for missing the deadline. Getting this relief is difficult. Contact a personal injury attorney in New York City immediately if you think you may have missed the window.

Does the 90-day Notice of Claim deadline apply to Long Island Rail Road and Metro-North accidents?

Yes. The LIRR and Metro-North are both operated under the MTA umbrella and follow the same Notice of Claim requirements. The deadlines are the same regardless of which part of the MTA system was involved in your accident.

What if I was hurt on an MTA bus rather than the subway?

The same rules apply. MTA bus accidents require a Notice of Claim within 90 days, followed by a lawsuit filed within one year and 90 days of the accident. Our personal injury lawyers in New York City handle both subway and bus accident claims against the MTA.

What if I was a bystander who was hurt, not a passenger?

It doesn't matter. Pedestrians, bystanders, and people on subway platforms who are injured due to MTA negligence have the same right to file a claim as paying passengers. The Notice of Claim requirement and deadlines apply equally.

Do I need a lawyer to file a Notice of Claim against the MTA?

You can file one without a lawyer. Navigating the full claims process, the 50-h hearing, and any subsequent litigation without legal representation puts you at a serious disadvantage. The MTA has a large, experienced legal team that handles these cases constantly. Our transit accident attorneys in New York City know this process and know how to build cases that hold the MTA accountable.

What if my injuries didn't show up until days after the MTA accident?

The 90-day clock runs from the date of the accident, not the date you discovered your injuries. If symptoms appeared later, document them immediately and contact a personal injury attorney in New York City right away. Delayed onset is common after transit accidents, especially with traumatic brain injuries and spinal conditions.

Talk to Kelner & Kelner About Your MTA Injury Claim

The MTA has deadlines designed to limit your options. Our personal injury lawyers at Kelner & Kelner know exactly how to file MTA claims correctly and on time, and we fight to recover every dollar our clients are owed. Call us today for a free consultation.