I have a cervical sprain due from whiplash on an mta train. Can I use them for injuries?
September 14, 2018
On Friday the 818 train from Utica ave going up Lexington ave i say in the conductor car in the wheelchair accessible seat. So I heard all the conversation when they stopped inbetween chambers and union because of signal issues after twenty minutes the conductor considered walking the tracks but the train was too crowded so the the started to move a little the the emergency break was pulled my right side hit the wall and then I turned because someone fell on me. Didn't feel anything then . We continued to wait until 920we started to move again. When I got out at 42nd st was confused a bit didn't notice until 940walking out 86th at steps my neck couldn't turn and was stiff. When to the Dr i have a cervical sprain due to whiplash
Sudden jerks and jolts in the movement of subway trains are accepted as among the usual incidents of travel, which every passenger by experience has learned... and unless you have objective evidence (beyond your own description of it) that the stop was "unusual and with unnecessary force", NYC Transit would not be liable for any passenger injury. Google Harwin v Metropolitan Transportation Authority 2006 NY Slip Op 30405(U) Unusual and unnecessary force will be tough to prove, especially if the train operator had a reason to suddenly stop - which they will probably testify to if the case went to court - or some passenger pulled the emergency brake. Besides that, a cervical sprain is usually a temporary injury, and would not justify the cost of bringing a lawsuit. If it develops into something more, a notice of claim needs to be filed within 90 days of the accident.
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