Misconceptions About Personal Injury Claims in New York
Personal injury law is often clouded by misinformation that may prevent those who have been harmed from pursuing the compensation they have a right to. Here are some of false assumptions — and the reality underneath each one.
**Myth: "If it was partly my fault, I cannot recover anything."**
This is one of the most damaging myths. New York follows a modified comparative negligence standard. What this means is recovery is possible even if you were partially at fault. The compensation gets adjusted by your share of contribution to the accident — but it is not eliminated.
**Myth: "Attorneys are not necessary — my insurer is going to offer a fair settlement."**
Adjusters are businesses measured by controlling payouts. The opening settlement is nearly always lower than what your case is worth. A dedicated personal injury lawyer understands the full picture of your case — including long-term medical costs and quality-of-life damages that carriers routinely minimize.
**False: "Personal injury lawsuits are never-ending."**
While certain claims may take more than a year, a significant number of personal injury disputes in New York settle within a reasonable timeframe. Duration varies based on the severity of the accident, how cooperative the other side about negotiations, and whether court involvement is required.
**False: "Too much time has passed after my injury — it is too late."**
The statute of limitations for most personal injury claims in New York is 36 months. However, there red light camera ticket defense Saratoga are situations that cheap DUI lawyer Saratoga can extend that window — such as claims against public agencies, where demand filing notice within 90 days. If you are not certain whether you still have time, speak with a personal injury attorney without delay.
**False: "Taking legal action is greedy."**
Filing a claim for damage done by another party's negligence is a legal right — not something to feel guilty about. Treatment expenses, missed income, and long-term suffering impose genuine monetary costs. Making the person who caused your injuries responsible is how the system is supposed to function.
At Ianniello Chauvin, LLP, clients get straightforward guidance from the initial consultation. There are no unrealistic claims — just an honest evaluation of your case and a strategy for moving forward.
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