Misconceptions About Personal Injury Cases in New York 73586
Filing an injury claim is often clouded by myths that often prevent injured people from pursuing the financial recovery they have a right to. Let us address the most common myths — and the truth in practice for each one.
**Myth: "If the accident was partly my fault, I can't recover anything."**
That is an especially widespread myths. New York follows a modified comparative negligence rule. That means is recovery is possible even if you were partially at fault. Your award is reduced by your degree of fault — but it is not wiped away.
**Myth: "I can handle this myself — the adjuster will pay what I am owed."**
Carriers are for-profit entities measured by controlling what they pay out. Their opening settlement is nearly always less than the actual cost of your injuries. An experienced personal injury lawyer knows every component of your case — including ongoing treatment expenses and quality-of-life damages that insurance companies routinely undervalue.
**Misconception: "Personal injury lawsuits drag on forever."**
It is true that some cases can take longer, most personal injury cases in New York reach resolution within several months to a year. Duration varies based on the complexity of your case, whether the other side toward settlement discussions, and if court involvement is necessary.
**Misconception: "Too much time has passed after my injury — it is too late."**
The statute personal injury law firm Saratoga Springs of limitations for most personal injury claims in New York is three years. That said, some exceptions that may shorten that window — such as claims against municipalities, which mandate a notice of claim within 90 days. If you are not certain whether you still have time, consult a personal injury attorney without delay.
**False: "Filing a lawsuit is greedy."**
Pursuing legal recovery for damage done by someone else's irresponsible actions is a legal right — not a moral failing. Hospital costs, missed income, and chronic physical limitations impose genuine financial weight. Holding the at-fault individual responsible is the way the justice system protects people like you.
At Ianniello Chauvin, LLP, every client receive honest guidance from day one. There are no false promises — only a clear assessment of where your claim stands and a plan for getting you the recovery you deserve.
Areas We Serve Near Saratoga Springs
Proudly serving clients near:
