Things People Get Wrong About Personal Injury Cases in New York
Personal injury law comes with misconceptions that often discourage injured people from seeking the financial recovery they have a right to. Here are several of myths — and the truth behind each one.
**Misconception: "If the accident was partly my fault, I cannot sue."**
That is an especially widespread misconceptions. New York uses a modified comparative negligence rule. What this means is a claim remains viable when you are found partially at fault. The compensation is reduced by your degree of fault — but it is not zeroed out.
**False: "Attorneys are not necessary — my insurer will offer a fair settlement."**
Insurance companies are for-profit entities focused on reducing payouts. The opening settlement is almost always below the actual cost of your injuries. An DUI blood test attorney Saratoga experienced personal injury Saratoga Springs speeding defense attorney can identify the full picture of your claim — including future medical costs and non-economic damages that adjusters typically undervalue.
**False: "Personal injury cases take years."**
It is true that certain claims may take extended time, many personal injury cases in New York resolve within several months to a year. How long your case takes is shaped by the nature of the accident, how cooperative the insurance company is about resolving the claim, and whether a trial proves necessary.
**Myth: "It has been too long since the accident — I cannot do anything."**
New York's filing deadline for most personal injury lawsuits in New York is three years. That said, there are situations that may shorten that window — such as cases involving public agencies, where mandate an initial filing in just 90 days. If you are unsure whether your deadline has passed, contact a personal injury attorney without delay.
**False: "Filing a lawsuit means I am being difficult."**
Seeking compensation for harm resulting from another party's carelessness is exactly what the legal system was designed for — not a moral failing. Treatment expenses, lost wages, and ongoing pain carry actual economic weight. Making the person who caused your injuries responsible is how the system works.
The attorneys at Ianniello Chauvin, LLP, every client are given direct guidance from day one. No inflated expectations — just a clear assessment of what you are dealing with and a path for getting you the recovery you deserve.
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