LIRR train accident: 1 year and 90 days to sue

The LIRR doesn't require a notice of claim. New York's notice rule doesn't cover MTA subsidiaries, and the railroad is one. Your claim must still go to the railroad, and you must wait 30 days before suing.

The deadline to file your lawsuit is 1 year and 90 days after the accident. That time limit is set by N.Y. Pub. Auth. Law § 1276.

You can't use the MTA's online claim form for the LIRR. Before you sue, get a written claim to the railroad using a method you can prove, and allow the 30 days the law requires. Official page.

• Your lawsuit must state that the railroad had the claim for at least 30 days and still hadn't paid. Source
• For a wrongful-death lawsuit, the limit is 2 years counted from the death. Source
• Employees of the LIRR hurt on the job claim under FELA and have 3 years. Source