Things People Get Wrong About Personal Injury Cases in New York 41313
Pursuing compensation after an accident is surrounded by myths that can stop those who have been harmed from filing the compensation they have a right to. Here are the most common myths — and the reality in practice for each one.
**Myth: "If the accident was partly my fault, I can't sue."**
That is a particularly harmful myths. New York operates under a modified comparative negligence system. That means is you can still are personal injury claim help found partially at fault. What you receive decreases by your percentage of responsibility — but it is not eliminated.
**Misconception: "I don't need a lawyer — my insurer will pay what I am owed."**
Insurance companies are businesses driven by reducing what they pay out. The opening settlement is frequently lower than fair value. A qualified personal injury lawyer can identify every component of your damages — including ongoing treatment expenses and quality-of-life damages that carriers routinely undervalue.
**Myth: "Personal injury lawsuits drag on forever."**
Though complex matters can take longer, most personal injury claims in New York resolve within a reasonable timeframe. Duration is shaped by the severity of your injuries, how cooperative the other side in settlement discussions, and whether court involvement is necessary.
**Misconception: "I missed the accident — I have no options."**
The statute of limitations for the majority of personal injury claims in New York is 36 months. However, some exceptions that can shorten that deadline — including cases involving public agencies, which require an initial filing in just 90 days. If you are not certain whether your claim is still viable, contact a personal injury attorney as soon as possible.
**False: "Filing a lawsuit makes me a bad person."**
Pursuing legal recovery for harm resulting from another party's negligence is your right under the law — not something to feel guilty about. Medical bills, time away from work, and long-term pain impose genuine economic weight. Holding the responsible party accountable is the mechanism through which the justice system works.
At Ianniello Chauvin, LLP, injured individuals are given straightforward counsel from day one. No false promises — only an honest evaluation of where your claim stands and a plan for pursuing the best possible outcome.
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