If you or a loved one have been involved in a train accident, it is important to know the process for filing a lawsuit. In New York, the process is as follows:
1. File a Notice of Claim: The first step in filing a lawsuit is to file a notice of claim with the appropriate agency. In New York, this is the Metropolitan Transportation Authority (MTA). The notice of claim must be filed within 90 days of the accident.
2. Serve Summons and Complaint: Once the notice of claim has been filed, you will need to serve the MTA with a summons and complaint. This can be done by mailing them or delivering them in person.
3. Answer: The MTA will then have 30 days to answer your complaint. If they do not answer, you may move for default judgment.
4. Depositions: After the MTA has answered your complaint, both sides will have an opportunity to take depositions from witnesses and experts. This discovery phase can help both sides better understand the case and prepare for trial.
5 .Trial: If your case does not settle during discovery, it will go to trial where a judge or jury will decide who is liable for damages