Sovereign immunity generally protects government agencies from lawsuits. By filing a notice of claim, MTA’s immunity is waived, allowing victims to seek compensation. The notice of claim informs the government agency of your injury or your loved one’s death and usually includes:
The victim’s name and address
The name and address of the lawyer representing you
The facts of the accident, including the date and time
Details of the injury
Details of your damages
It is a good idea to have the document drawn up by an experienced attorney to ensure legal validity. Once the notice is filed, the MTA has 30 days to request a hearing where you will likely have to testify about the accident. You may also have to undergo a physical examination by a doctor determined by the MTA.
After the hearing, you should be able to commence with filing your lawsuit. Bear in mind that if you intend to sue the MTA, you must file suit within one year and 90 days of your injury. In a wrongful death claim against the authority, you need to file a suit within two years of your loved one’s death.