MTA Subway Shooting Lawyer

Unfortunately, shootings in New York City’s subway system are no longer a rarity. In April and May 2022 alone, there were three separate incidents of subway shootings causing injuries and deaths: 

• A man set off smoke grenades and fired rounds of bullets into commuters on a packed Bronx train in April 2022, injuring at least ten people.
• Two men got into a physical altercation at the turnstiles in Queens in April 2022 when one pulled out a gun, shooting and killing the other man.
• In May 2022, a man abruptly pulled his gun, killing a stranger on a New York City subway train without an apparent motive.

While the MTA is taking steps to improve subway safety, such as installing cameras in stations and trains, these actions may not go far enough to keep riders safe. Moreover, the security cameras already in place are not always in working order. In the April 2022 shooting that injured ten people, the CCTV cameras at three subway stations malfunctioned, including the camera at the scene of the shooting.

Subway shootings can have devastating consequences for victims and families. If you suffered an injury or your loved one died due to MTA negligence, a personal injury attorney from Morgan & Morgan can determine whether you have a case.

Knowing the correct steps after a subway shooting and in the days afterward can be critical for your case and could help you avoid mistakes that could jeopardize your compensation claim. 

Dial 911 for Police and Medical Assistance 

Your most important step immediately after a shooting is to get yourself to safety and dial 911 for law enforcement. If you or other victims are injured, ask for medical assistance while on the call. Police officers should arrive promptly to gather evidence, pursue the shooting suspect, and write a report of the incident. 

Gather Evidence 

If you can do so safely, try to snap photographs of the shooting scene and your injuries with your cell phone. If you were treated by emergency services, keep all statements and bills safe, as they are vital documents proving your injuries and damages. Try to get the contact information of eyewitnesses. 

In the days after the shooting, gather all receipts for out-of-pocket expenses and other shooting-related costs, as you could be entitled to reimbursement. 

Keep a Journal of Your Recovery

Documenting your recovery and life after the shooting can be essential. Note down every doctor’s visit and medical treatment you have to endure. However, focus not only on your physical recovery but also on your state of mind, including any emotional effects due to the shooting, such as insomnia, flashbacks, or panic attacks. 

You could be entitled to non-economic damages such as pain and suffering, loss of life quality, and emotional distress. Meticulously documenting your emotional and physical road to recovery could help you prove your damages. 

Contact an MTA Subway Shooting Lawyer

The scene after a shooting is typically chaotic, and victims may be traumatized and under shock. You may not be able to take all the recommended steps. However, the most important thing is your health and well-being. An attorney can help gather evidence in the days and weeks after the shooting. 

One of your best steps after surviving a subway shooting is to speak to an attorney to discover your legal options. Morgan & Morgan’s compassionate and tenacious lawyers can be here for you during this difficult time and clarify your options for recovery.

When a shooting occurs on private or public property, victims and families could have a personal injury or wrongful death claim against the property owner. According to premises liability law, the MTA must keep subway riders reasonably safe. Injured individuals or the families of deceased victims could hold the MTA accountable if the shooting was foreseeable and the subway operator did nothing to prevent the crime. A subway shooting could be foreseeable if:

• Similar shootings happened in the subway before
• The gun crime rate is high in the vicinity 
• The shooter was a known threat to subway riders’ safety

However, while you might have legal recourse against the MTA, filing a claim can be tricky. If you want to sue the MTA, you must file a “notice of claim” within 90 days of your injury or the death of your loved one. Failing to act quickly could cost you the right to pursue compensation.

Victims of MTA subway shootings could be entitled to damages, including but not limited to: 

• Lost wages and future lost income
• Medical expenses now and in the future
• Medical devices such as a wheelchair
• Medical transportation costs
• Household assistance  
• In-home care
• Pain and anguish
• Emotional distress
• Permanent disability

Some victims of subway shootings might never set foot in a subway station again due to their lasting emotional trauma. While no settlement can restore your physical and mental health, receiving adequate compensation can help you to rebuild your life and receive the best medical and psychological care available.

The family of a deceased MTA subway shooting victim could file a wrongful death lawsuit and recover damages, such as: 

• Loss of income and benefits from the deceased
• Loss of companionship (spouse)
• Loss of parental guidance and instruction (minor children)
• Costs of the burial, funeral, or cremation 
• Medical expenses before death
• Loss of inheritance
• Loss of services the deceased provided, such as childcare and yardwork

The amount of compensation you could recover can depend on various factors, including the age and life expectancy of your loved one at their time of death.

While you could have a case against the MTA, suing a public transit authority can be challenging. You would have to present evidence to prove the following four elements of a personal injury lawsuit: 

• The MTA owed you a duty of care
• The MTA breached its duty by failing to install adequate security measures
• The breach caused your injuries or your loved one’s passing
• You have damages (financial losses, injuries, emotional trauma, etc.) 

However, in lawsuits against government-owned entities, different rules and regulations apply. For example, if you are suing the MTA, you must first file a “notice of claim” within 90 days of the shooting. Missing the deadline could disqualify you from seeking compensation.

Moreover, as a public entity, the MTA has the resources to dispute your claim and will most likely fight hard to deny responsibility and liability for your damages.

To have the best chance of prevailing in an injury claim against the MTA, consider working with an experienced attorney at Morgan & Morgan. Moreover, you should act as soon as possible after you get hurt in a shooting or after your loved one dies. Our subway shooting lawyers know how to hold public transit authorities accountable and can fight for the compensation you deserve.

If the MTA’s (or another party’s) negligent conduct caused your loved one’s death, you could qualify for a wrongful death claim and seek damages. However, such claims must generally be filed by the deceased’s estate representative, a spouse, parents, or children. Siblings, cousins, and distant relatives cannot normally file a wrongful death claim unless they are named as the estate’s personal representative or legal guardian of the deceased.  

The plaintiff (the person bringing the lawsuit) must prove that:

• The negligent act would have allowed the injured person (had they survived) to file a personal injury lawsuit and pursue compensation. 
• There are surviving close relatives or dependents of the victim.
• The decedent’s death caused financial damages.

It is important to note that New York Law §5-4.1 sets a two-year deadline for wrongful death lawsuits. Therefore, if you file after two years, the court may bar you from recovering damages. However, if it has been more than two years since your loved one’s death, it is worth getting in touch with us to determine whether you could still sue, as there can be exceptions to the deadline.

Getting injured in a shooting or losing a loved one can be traumatic. Moreover, filing a claim against a prominent public transit authority like the MTA can feel overwhelming and stressful. However, you do not have to deal with this on your own. With Morgan & Morgan in your corner, you can have peace of mind and concentrate on your recovery while we handle your case from beginning to end.

We have an army of over 1,000 experienced and motivated lawyers, countless legal teams, and professional investigators ready to analyze your subway shooting incident and build a case against the negligent party. We can:

Handle Your Claim on a “No-Win-No-Fee” Basis

When we take your case, you do not have to worry about paying expensive upfront retainers or hourly fees. Morgan & Morgan works on a contingency basis, which means you pay nothing until we resolve the lawsuit in your favor and you receive compensation.

Collect Evidence to Prove Your Case

To have a chance of success, you will need to present compelling evidence showing the liability of the MTA or other responsible parties in your lawsuit. Our tenacious lawyers can gather crucial proof for your case, including:

• Police reports of the shooting
• Witness statements
• CCTV camera footage
• Photographs of the accident scene
• Testimony from investigators and expert witnesses

Negotiate With the MTA or Insurance Company

Most injury claims never go to court but are resolved beforehand with an out-of-court settlement. Our attorneys know how to negotiate with the MTA or the responsible insurer, ensuring that you do not fall for a lowball settlement offer and leave money on the table. We want you to receive the full value of your claim so you can move forward with your life after losing a loved one or suffering a shooting injury.  

Present Your Case Strongly at Trial

If the MTA or insurer fails to offer you an adequate settlement for your damages, we can fight for what you deserve in court. Our attorneys are experienced trial litigators who can leave no stone unturned in going after what you deserve. 

Morgan & Morgan has fought for the rights of the injured for more than three decades, recovering over $25 billion in damages. During your most challenging times, we can be here for you.

If you or a loved one suffered harm in a New York subway shooting, our MTA subway shooting lawyers want to help. Contact us now for a free case review to determine whether you qualify for compensation.