On June 27th, 2017, the southbound A subway train derailed at the Harlem Street station at 125th Street around 10:00 AM. An unknown number of passengers were aboard the two cars of the subway train that derailed, but at least 34 passengers were injured in the ensuing crash. Metropolitan Transit Authority (MTA) officials would later state that the derailment likely occurred due to a large piece of replacement rail being left on the tracks by a maintenance crew that was working there earlier.
Several of the injured parties are expected to seek compensation for the MTA due to the egregious negligence of its crews that reportedly caused the accident. One passenger, Rcio Delances, has come to The Portela Law Firm, P.C. and retained the services of New York Personal Injury Attorney Manuel Portela to sign and eventually file a Notice of Claim against the MTA. Notices of Claim are the beginning of civil actions against negligent parties in pursuit of fair compensation, effectively telling the defendant that they will be expected to provide a settlement for damages, or they could be taken to court.
During the derailment, another passenger on the A train was tossed into Delances, striking her in the head. She has suffered numerous injuries due to the event, including neck, back, and head injuries, and injuries related to smoke inhalation. She was sent to Columbia Presbyterian Hospital following the derailment for diagnosis and treatment. Since her release from the hospital, she has been attending additional rehabilitative treatment sessions at the Mahcel Rehab and Physical Therapy center.
Within Delances’ Notice of Claim, it states that she will seek compensation for several damages, including medical costs and lost wages. She and many other passengers were also trapped within the derailed subway car for more than 30 minutes while smoke filled the chamber. This harrowing experience left her with severe emotional distress symptoms and anxiety. The MTA may be expected to pay for emotional damages as well. The amount of total damages that Delances is seeking currently exceeds lower court jurisdictional limits and may require a superior court’s attention to complete.
You can learn more about this ongoing story by reading a New York Daily News article by clicking here. There are also numerous other newsgroups reporting on the story as well. If you need a dedicated and experienced New York personal injury lawyer for a claim of your own, do not hesitate to contact our firm by dialing 212.577.9312 and requesting a case evaluation.