If you were injured on a Long Island Rail Road (LIRR) train, platform, or station, you may have heard about a 90-day deadline to file a claim. While the deadline is real, it doesn’t apply to every case the same way. Failing to meet your legal obligations could affect your right to seek compensation.
The Raimondo Law Firm is a team of trusted accident attorneys on Long Island. We are ready to review your case to explore all possible avenues for compensation. Let’s look at how New York’s notice rules apply to the LIRR, and why identifying every party responsible matters.
Key Takeaways
- Claims against public defendants (like municipalities and the MTA) must be served within 90 days of injury.
- The LIRR is operated by the MTA as a subsidiary, but it doesn’t require a 90-day Notice of Claim. However, a deadline of one year and 90 days still applies.
- Several responsible parties can share liability for one location/incident. Identifying all parties ensures the strongest claim.
What is a Notice of Claim?
A notice of claim is written notice that must be served on a public entity before suing it for negligence. It must be served within 90 days of an injury. It describes the claim, when, where, and how it arose, and the injuries.
The notice doesn’t automatically initiate a lawsuit. If you miss the 90-day period, you will lose your right to sue a government entity.
The 90-Day Rule and the Long Island Rail Road
Under New York’s Public Authorities Law Section 1276, subsidiaries are explicitly excluded from the 90-day notice requirement (PAL § 1276 (6)). This includes the LIRR.
However, other specific requirements are enforced by the courts:
- A pre-suit demand must be served at least 30 days before initiating a lawsuit.
- You have one year and 90 days from the time of the injury to file a lawsuit.
The Parties That Might be Involved in an LIRR Injury Claim
Most injury claims related to the LIRR are based on negligence. There could be several liable parties involved. These may be a combination of public and private entities, including:
- The LIRR itself.
- The MTA.
- A Long Island County, Town, Village, or City.
- The State of New York.
- Private contractors and property owners.
The targets of the claim depend on the specifics of your injury and where it happened. If the injury occurred on a train or platform, the LIRR and MTA are usually the named defendants in a lawsuit.
If the injury occurred on an adjoining sidewalk, roads, bridges, or parking areas, a local municipality will likely be involved. State-owned property could mean that a claim against New York State is appropriate.
If an injury arose because of the negligence of a private contractor or property owner, the requirement for notice doesn’t exist. There is also a longer deadline of three years.
A personal injury attorney on Long Island will review the facts of your case, investigate to identify all responsible parties, and ensure that your claim follows all notice requirements and is filed within statutory limits.
Have You Been Hurt on the LIRR or at a Long Island Station?
If you were injured on the LIRR, one of its stations, or an adjoining property that is part of the same infrastructure, you may have a valid injury claim. The Raimondo Law firm will review your case for free, identify responsible parties, and follow all legal requirements to protect your rights and fight for compensation.
Request your free consultation by calling an injury lawyer at (631) 471-1222. We are available 24/7 and serve all of Long Island.