Submitted by 1600hazenstreet t3_zyfxtb in nyc
Les923 t1_j271aq7 wrote
Reply to comment by R_M_T in Private guards hired by MTA arrested for NYC subway beatdown by 1600hazenstreet
How long does the average lawsuit last from beginning to end? From starting the lawsuit through case closed/payment?
R_M_T t1_j2745y3 wrote
They don’t pay… period (without deep litigation). So you have your incident, file your notice of claim (within 90 day), have your statutory hearing (hopefully within 60 days) and then you do your medical treatment…. 1 year and 90 days from the accident you are required to file suit and then the shit show known as litigation begins
If everything is in your favor, and the municipality decides to be cooperative, you can have discovery and despoliations done within a year and a half or 2 years… then you file a Note of Issue (states you are ready for trial)… the City courts are a fucking half decade behind right now so maybe no see a trial date within then 2 years following (5 years total)… and that is assuming all things fall your way
It’s an utter shit show out there when it comes to MTA/TA/MTA Bus /MABSTOA. A litigious, unorganized, municipal organization that spits in the Face of the public that pays its existence
Les923 t1_j275hii wrote
OMG! I thought a nice chunk of MTA’s budget was going towards lawsuit payouts (like NYPD payouts) so where is the bulk of the MTA budget going towards? Because a lot of employees died & retired recently & I doubt that they hired any employees. They hired P/T consultants to clean the trains that worked for agencies, not MTA! They need to open the books because I’m sure there’s a lot of mismanagement going on
R_M_T t1_j278hvo wrote
I wish I could tell you. The transit companies in NYC are shit. I can go on for days about their deficiencies. I can say confidently that their poor hiring and poor contract half left them in a position where they pay exorbitant amounts of money in “fake” Overtime and to their pensions. Source: so people don’t think I’m randomly anti-labor
If they were run properly, you wouldn’t even be able to wrap your head around the levels of efficiency and safety available for mass transit.
Jerund t1_j27hsdu wrote
It’s a foreman. It’s upper management. Not your average worker taking in that much over time consistently. Should lock up those who committed fraud
Vilnius_Nastavnik t1_j29ji50 wrote
I can't even tell you how many MTA employees came through my old firm looking to sue their foremen for racial discrimination, hostile work environment, retaliation etc. They're truly committed as an organization to fucking over anyone who isn't management.
Jerund t1_j29jno6 wrote
A tale old as time. That’s every company. Upper management has company interest in line. Not your average worker
The_Swoley_Ghost t1_j28b6py wrote
>If they were run properly, you wouldn’t even be able to wrap your head around the levels of efficiency and safety available for mass transit.
This is how i felt coming back from Korea. Cheaper system that is cleaner and works better.... if they could figure out how to keep it running 24/7 they'd be the greatest in my mind.
R_M_T t1_j28dkoq wrote
And safely! They don’t even have “track” incidents because their subways are separated from the platform by doors (similar to the air bus at the airport)
Our public transportation leaves so much to be desired.
Jerund t1_j297waa wrote
Pet peeve was there were barely any garbage cans throughout the whole metro system. Even in the restrooms, there were barely any. Also lacked elevators in many stations. Was annoying traveling with suitcases. Besides that, their metro was pretty good
Crimsonwolf1445 t1_j28pqqp wrote
Honestly it sounds like the opposite of nypds issue. Nypd settles everything to avoid paying more in legal fees while mta fights everything to avoid paying settlements
Grandmaster-1090 t1_j27ha1y wrote
I second this, i know first hand, as i litigate many cases against the mta. They’re told not to settle.
Vilnius_Nastavnik t1_j29it19 wrote
Which is just bananas as a legal strategy.
"Oh look here's a claim where we definitely fucked up and are definitely going to end up paying. I could settle it right now for $250k or I could pay a legion of attorneys and paralegals several years' salary to be super obnoxious and then either settle it with interest or get taken to the cleaners by a jury. Yeah, let's do that, can't have those money-grubbing people we injure thinking we're soft!"
Dont_mute_me_bro t1_j2dcz7u wrote
Fail to do so and every two bit film flam artist and their lawyers will concoct Fugazi scams for a cheap payout.
Perhaps litigation reform might help?
York_Villain t1_j27qiiz wrote
The victim will sue the MTA and whatever the private security firm is, no? It'll be the third party security settling though, wouldn't it?
R_M_T t1_j28dd7w wrote
Good question but it is not necessarily the case.
MTA in this situation can be liable for “negligent hiring” and “respondeat superior” (employers are held responsible for actions of employees, such as security companies, who are acting in the course of their employment)
Wowzlul t1_j29e6pl wrote
Because of the difficulties in suing the MTA, would it be more fruitful to sue the contractor? Dunno about this particular company, but maybe they'd be more inclined to settle? Or at least their insurer.
R_M_T t1_j29k9v1 wrote
@Wowzlul “difficult” is a loaded word. A good attorney can navigate all the difficulty with relative ease, it just takes time.
OPs original comment that I have been expanding on makes it seem like getting money from MTA/TA is quick, and that isn’t true.
Litigation is just a nasty business. Nothing is easy and there are a lot of bumps in the roads.
It’s always important to get yourself quality attorney who can guide you and get you compensated for your injuries and future limitations
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