Misconceptions About Personal Injury Cases in New York 31259
Filing an injury claim is surrounded by misconceptions that may discourage those who have been harmed from filing the compensation they deserve. Below are some of false assumptions — and what actually happens behind each one.
**False: "If the accident was partly my fault, I can't sue."**
This is a particularly harmful myths. New York uses a pure comparative negligence rule. What this means is recovery is possible even if you traffic lawyer Saratoga Springs are found somewhat at fault. Your award is reduced by your percentage of fault — but it does not get eliminated.
**Myth: "Attorneys are not necessary — the adjuster is going to pay what I am owed."**
Adjusters are businesses driven by minimizing what they pay out. The first number is nearly always lower than the actual cost of your injuries. A qualified personal injury attorney knows the full picture of your case — including ongoing care needs and non-economic damages that adjusters typically undervalue.
**Myth: "Personal injury claims are never-ending."**
While certain claims do take more than a year, most personal injury claims in New York reach Saratoga Springs legal services resolution within months. The timeline varies based on the complexity no win no fee personal injury of your injuries, how cooperative the other side toward negotiations, and if a trial is necessary.
**Misconception: "Too much time has passed after my injury — I cannot do anything."**
New York's filing deadline for the majority of personal injury claims in New York is three years. However, certain exceptions that may change that timeframe — including cases involving municipalities, where mandate an initial filing within 90 days. When in doubt whether your deadline has passed, contact a personal injury lawyer without delay.
**False: "Suing someone makes me a bad person."**
Seeking compensation for injuries caused by another party's irresponsible actions is exactly what the legal system was designed for — not an act of greed. Hospital costs, missed income, and chronic pain impose genuine financial costs. Holding the responsible party accountable is how the system works.
At Ianniello Chauvin, LLP, clients get direct counsel from day one. No unrealistic claims — just a realistic picture of where your claim stands and a path for pursuing the best possible outcome.
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