The Long Island Railroad connects Manhattan, Brooklyn, and Queens with communities across Long Island. Although the LIRR and the NYC subway both fall under the MTA umbrella, they are separate rail systems with separate notice-of-claim requirements. After a railroad accident, you may be eligible for compensation. However, personal injury claims against MTA subsidiaries like the LIRR can be complex. We encourage victims of a railroad accident to reach out to a trusted attorney for help with your case! Our job is to make your life easier, fighting for compensation on your behalf while you take the time you need to recover.
How a Claim Against the Long Island Railroad Works
After a train accident, the stress, pain, and financial loss take a serious toll. If you’ve been injured in a railroad accident in NYC, you may qualify for compensation. But the process is complex and time-consuming, taking your focus away from what matters most: recovery.
Trusting an experienced railroad accident attorney helps take some of the stress off, as we handle the complexities of bringing a claim against the LIRR on your behalf. As your lawyers, we understand how NYC law works and how to best fight for your compensation.
One of the first necessary steps in a case against the LIRR is to present a presuit demand or claim. While this may be an optional settlement letter in other personal injury cases, this letter is actually required before filing a lawsuit against the LIRR. This demand tells the railroad of the incident, explains why you believe the LIRR is responsible for your injuries, and gives them a chance to resolve your claim. If 30 days pass without adjustment or payment, you may proceed with a lawsuit, provided the other filing requirements are met.
Personal injury lawsuits against the LIRR generally have a deadline to file within a year and 90 days of the accident. As your attorneys, we will gather the necessary documents and file a lawsuit on your behalf within this time limit. Most often, lawsuits settle outside of court. But in the case that the LIRR refuses to pay you what you deserve, you may need to take the case to trial.
At Shaevitz & Shaevitz, we have handled cases against the MTA and its subsidiaries plenty of times before. We are ready and willing to fight for your compensation in court if necessary.
Injured on the LIRR? Here’s How a Railroad Accident Attorney Helps
The aftermath of a railroad accident is stressful and often chaotic. An experienced railroad accident attorney can help take some of the burden off your shoulders. Our law office in Queens, NY, has extensive experience handling cases like yours, with strong results.
The first step towards compensation is to book a free consultation. There, we will listen to your side of the story and determine if you’re eligible for compensation. In New York, your injuries must be caused or contributed to by the LIRR’s negligence.
To establish liability, we’ll collect evidence to demonstrate the other party’s fault. The operator’s conduct, signals, equipment, or even platform maintenance may all play a role in your accident. As your lawyers, we will gather evidence such as surveillance footage, train-operation records, medical records, and proof of lost earnings. With these records, we can better assess who was at fault for your injuries. Then, we’ll file a claim against the at-fault party.
If the LIRR is at fault, whether due to operator negligence or improper maintenance, we’ll file against them. First, we’ll present a presuit claim to give the LIRR an opportunity to resolve it. If at least 30 days pass without adjustment or payment, we’ll file a suit against the appropriate party.
The railroad, its claims representatives, or an insurance company may try to contact you. We encourage you to contact us before giving a recorded statement, signing a release, or accepting a settlement. Instead, trust us to speak with the insurance company on your behalf. We will negotiate with them to protect your compensation from lowball offers. If they refuse to pay what you deserve in a settlement, we are ready and willing to take your case to trial.
Book a Free Consultation With a Railroad Accident Attorney in Queens, NY
Riding on the LIRR is a convenient method of travel, but it does come with risks in case of an accident. At Shaevitz & Shaevitz in Queens, NY, we’ve handled plenty of train accident cases like yours. Book a free consultation with us to learn if you may be eligible for compensation while still focusing on recovery.
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