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Fishkill Injury Attorney Serving Wappingers Falls, Beacon, Lagrangeville and Nearby Areas of Hudson Valley
Posted: January 26, 2014
Metro North Railroad: If you are injured as a result of the negligence of Metro North Railroad, is it necessary to serve the railroad with a formal Notice Of Claim under the New York Public Authorities Law. The answer is no. HOWEVER, BEWARE because it is still necessary to put the railroad on notice of the claim within 90 days of the accident and give the railroad an oppotunity to adjust the claim before you can commence a lawsuit.
What if you fail to give the railroad any notice of your claim within 90 days of the accident? Can you still sue the railroad? Yes, if you commence the lawsuit within one year and 90 days (recently changed from one year and 30 days). The court rules (CPLR 205) will permit an injury victim to serve a notice containing the required information and allow the railroad 30 days to adjust the claim and then refile the lawsuit within 6 months after the first claim has been dismissed due to failure to serve notice.
As you can see, this gets rather involved and is a very good reason why you should not try to handle and settle your personal injury claim directly with the railroad’s claims department. Delays in negotiations may take place and the time periods you must comply with may lapse. The courts may or may not provide relief to you depending on the circumstances.
It is always best to seek out representation from an experienced Metro North Railroad personal injury lawyer who is familiar with the law that applies to Metro North and experienced in handling railroad negligence cases.
If you or a loved one has been the victim of a serious injury or fatality due to the negligence of Metro North Railroad or any other passenger or freight railroad, you may be entitled to compensation. Contact an experienced railroad injuries and wrongful death trial lawyer at The Maurer Law Firm, PLLC to schedule a free consultation to discuss your rights by filling out our free website “Tell Us About Your Case” review form, or phone us directly at 845- 896-5295.
Posted by Ira M. Maurer, Esq. for The Maurer Law Firm, PLLC
Ira Maurer is recognized by Super Lawyers as an outstanding lawyer who has attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations.
Ira Maurer is a founding member of the Academy of Rail Labor Attorneys (ARLA), and is also a Lifetime Member of the Multi-Million Dollar Advocates Forum.
