Things People Get Wrong About Personal Injury Cases in New York 40260
Filing an injury claim comes with misinformation that may prevent those who have been harmed from filing the financial recovery they deserve. Let us address some of myths — and the truth in practice for each one.
**False: "If it was partly my fault, I can't recover anything."**
This is an especially widespread myths. New York operates under a modified comparative negligence rule. What this means is you can still were somewhat at fault. The compensation decreases by your percentage of contribution to the accident — but it is not eliminated.
**Misconception: "Attorneys are not necessary — my insurer is going to treat me fairly."**
Carriers are corporations driven by minimizing payouts. The opening settlement is almost always less than fair value. An experienced personal injury attorney understands every component of your claim — including ongoing medical costs and quality-of-life damages that carriers routinely undervalue.
**Myth: "Personal injury claims are never-ending."**
Though complex matters can take extended time, many personal injury cases in New York resolve within a reasonable timeframe. How long your case takes varies based on the complexity of your injuries, whether opposing counsel in settlement discussions, and whether a trial becomes unavoidable.
**Misconception: "I missed the accident — it is too late."**
New York's filing deadline for the majority of personal injury cases in New York is 36 months. However, certain situations that can extend that deadline — including claims against public agencies, which demand filing notice within 90 days. When in doubt whether you still have time, contact a personal injury attorney as soon as possible.
**Myth: "Filing a lawsuit is greedy."**
Filing a claim for injuries caused by someone else's irresponsible actions is exactly what the legal system was designed for — not something to feel guilty about. Medical bills, time away from work, and chronic pain carry actual financial costs. Making the person who caused your injuries accountable is how the justice system is supposed to function.
The attorneys at Ianniello Chauvin, LLP, every client get straightforward counsel from the initial consultation. There are no false juvenile defense attorney Saratoga promises — just a realistic picture of your case and a strategy for getting you the recovery you deserve.
Areas We Serve Near Saratoga Springs
Proudly serving clients near:
