When file an injury claim against the WMATA?
You might think that the WMATA would voluntarily compensate passengers who are injured while riding a train or bus. Unfortunately, the WMTA will not pay damage claims unless you can prove that it was negligent in causing your injury. For example, before you can sue a governmental entity, you must file a notice of injury claim with the right governmental entity. You have a limited time to file this notice, or you will lose your right to sue.
That’s why you always need to get legal advice when filing an injury claim against the WMATA. Here are examples of negligence that can lead to injuries:
- A train derailment
- A collision with another train or vehicle
- Failure to accommodate your disability
- A slip and fall caused by unsafe conditions in a boarding area
- Injuries caused by a sudden stop or unsafe maneuver on a bus
- Being struck by a bus in a crosswalk
How do I file a notice of injury claim against the WMATA?
How you file a notice of injury claim against the WMATA depends on where you were injured. The WMATA serves 91 stations in Maryland, Virginia and the District of Columbia. The procedures are different for each governmental body.
If you were injured in the District of Columbia, you have six months to file a notice of injury claim with the appropriate Office of Risk Management. If you were injured in Maryland, you have one year to give notice to the Maryland State Treasurer.
A serious injury can affect your life for years to come. To ensure you recover enough compensation to meet your needs now and in the future, it’s important to contact an attorney as soon as possible.
Differences Between WMATA and Other State Organizations
As the nation’s capital, the District of Columbia is the epicenter for governmental activity. Accordingly, a significant amount of personal injury claims in the Washington, D.C. region involve government agencies. The procedure for bringing a claim for personal injury stemming from the negligence of a government employee is complicated and full of pitfalls for the unwary.
In addition to the regular statutes of limitations applicable to all personal injury claims, there are special notice requirements that require a claimant to notify the government entity of a claim prior to bringing a lawsuit. The deadline for providing such notices are significantly shorter than the ordinary limitation period. Failure to provide such notice in the prescribed time can be fatal to a claim for personal injury. The time limits to provide notice to the government as a prerequisite to bringing a personal injury lawsuit are as follows:
Maryland
For claims against the Maryland state government, its agencies and instrumentalities – notice must be given to the Maryland State Treasurer within one year of the injury.
For claims against county governments, local governments and their instrumentality – notice must be given within 180 days of the injury. Maryland Local Government Tort Claims Act (Md. COURTS AND JUDICIAL PROCEEDINGS Code Ann. § 5-301 et seq.). Under the recently enacted amendments to the code, effective October 1, 2015, this period will be extended to one year.
Local Government Tort Claims Act identifies the officers of the local government to whom notice must be given. In Montgomery County, the notice must be given to the County Executive. It is important to note that for certain claims, Montgomery County is considered to be instrumentality of the Maryland state government and provisions of Maryland Tort Claims Act must be followed. In Prince George’s County, the notice must be given to the County Attorney.
District of Columbia
For claims against the District of Columbia, its divisions and instrumentalities, the notice must be given within six months of the injury. The notice must be given to the appropriate Office of Risk Management. D.C. Code §12-309.
Virginia
Virginia Code Section 8.01-195.6 provides the notice of claim requirements for personal injury actions against the Commonwealth of Virginia. You have one year to give written notice of the claim if you plan to sue state government for personal injuries. It states:
“Every claim cognizable against the Commonwealth or a transportation district shall be forever barred unless the claimant or his agent, attorney or representative has filed a written statement of the nature of the claim, which includes the time and place at which the injury is alleged to have occurred and the agency or agencies alleged to be liable, within one year after such cause of action accrued ….”.
Federal Government
For claims against the Federal Government, its agencies and instrumentalities, the notice must be given within two years of the date of the injury by serving notice upon the designee of the responsible agency using form SF-95. Federal Tort Claim Act (28 U.S.C. §§ 2671-2680).
Filing An Injury Claim Against The WMATA
Washington Metropolitan Area Transit Authority was created by an interstate compact between the District of Columbia, Maryland and Virginia. The procedure applicable to notifying WMATA of a claim depends on where the injury occurred. The content of the required notice and its manner of delivery is different in each jurisdictions and is dependent on the facts of an individual case.
Only a lawyer familiar with the facts of your case can provide you with legal advice appropriate for your situation. This article is written for educational purposes only. If you believe you have a personal injury claim, please contact Malloy Law Offices, LLC at (202) 464-0727. Our team of experienced lawyers will be able to evaluate your case and provide you with legal advice.
