Common Myths About Personal Injury Cases in New York 62177
Personal injury law is often clouded by myths that can stop injured people from pursuing the compensation they have a right to. Here are several of myths — and the reality in practice for each one.
**False: "If the accident was partly my fault, I can't file a claim."**
This is an especially widespread misconceptions. New York operates under a modified comparative negligence rule. What this means is recovery is possible even if you were partly at fault. What you receive decreases by your degree of contribution to the accident — but it is not eliminated.
**Myth: "Attorneys are not necessary — my insurer is going to treat me fairly."**
Adjusters are for-profit entities focused on minimizing payouts. Their first number is nearly always less than the actual cost of your injuries. A qualified personal injury lawyer understands the true value of your claim — including future medical costs and non-economic damages that carriers typically minimize.
**False: "Personal injury claims drag on forever."**
Though some cases may take more than a year, many personal injury cases in New York settle within several months to a year. Duration varies based on the complexity of your case, the willingness of the insurance company is in negotiations, and whether a trial proves necessary.
**Misconception: "I missed the accident — I cannot do anything."**
New York's filing deadline for most personal injury cases in New York is 36 months. But, certain exceptions that may shorten that deadline — including cases experienced DUI lawyer Saratoga Springs involving municipalities, where mandate an initial filing in just three months. If you are unsure whether your claim is still viable, speak with a personal injury lawyer as soon as possible.
**Myth: "Taking legal action makes me a bad person."**
Seeking compensation for harm resulting from someone else's negligence is exactly what the legal system was designed for — not something to feel guilty about. Treatment expenses, lost wages, and long-term physical limitations carry actual financial costs. Making the responsible party accountable is the mechanism through which civil law protects people like you.
At Ianniello Chauvin, LLP, clients get direct answers from day one. There are no false promises — only a realistic picture of where your claim stands and a path for getting you the recovery you deserve.
