Common Myths About Personal Injury Claims in New York 39050
Personal injury law comes with myths that can prevent those who have been harmed from seeking the compensation they deserve. Here are some of misunderstandings — and the reality in practice for each one.
**Myth: "If the accident was partly my fault, I can't file a claim."**
This is one of the most damaging misconceptions. New York follows a modified comparative negligence standard. That means is recovery is possible even if you were partly at fault. What you receive is reduced by your share of contribution to the accident — but it is not wiped away.
**Myth: "I can handle this myself slip and fall lawyer — the insurance company will treat me fairly."**
Adjusters are for-profit entities focused on reducing payouts. The initial offer is almost always below fair value. A qualified personal injury attorney understands the true value of your case — including ongoing treatment expenses and quality-of-life damages that carriers typically ignore.
**Misconception: "Personal injury cases are never-ending."**
It is true that some cases can take extended time, a significant number of personal injury disputes in New York resolve within months. Duration varies based on the severity of your case, the willingness of opposing counsel in resolving the claim, and if a trial proves unavoidable.
**Misconception: "Too much time has passed after my injury — I cannot do anything."**
The statute of limitations for the majority of personal injury lawsuits in New York is three years. That said, certain exceptions that may extend that timeframe — including cases involving government entities, which require an initial filing in just 90 days. When in doubt whether you still have time, contact a personal injury lawyer immediately.
**Misconception: "Suing someone makes me a bad person."**
Seeking compensation for injuries caused by another party's carelessness is exactly what the legal system was designed for — not something to feel guilty about. Medical bills, time away from work, and ongoing suffering have real monetary consequences. Holding the at-fault individual responsible is the way the system works.
At Ianniello Chauvin, LLP, every client are given honest answers from day one. There are no inflated expectations — only a clear assessment of your case and a path for pursuing the best possible Saratoga Springs personal injury outcome.
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