Things People Get Wrong About Personal Injury Claims in New York
Filing an injury claim is often clouded by myths that may prevent those who have been harmed from pursuing the compensation they deserve. Let us address the most common false assumptions — and the reality behind each one.
**False: "If the accident was partly my fault, I can't file a claim."**
This is one of the most damaging misunderstandings. New York operates under a pure comparative negligence standard. That means is recovery is possible even if you are found somewhat at fault. What you receive decreases by your share of contribution to the accident — but it is not wiped away.
**Myth: "I don't need a lawyer — my insurer drug crime attorney Saratoga is going to treat me fairly."**
Carriers are businesses measured by controlling expenses. Their opening settlement is almost always lower than the actual cost of your injuries. A qualified personal injury attorney knows every component of your case — including future medical costs and pain and suffering damages that carriers typically ignore.
**Misconception: "Personal injury lawsuits are never-ending."**
While complex matters do take more than a year, most personal injury claims in New York resolve within months. The timeline varies based on the complexity of your injuries, whether the other side toward negotiations, and whether litigation proves required.
**False: "I missed the accident — I cannot do anything."**
The statute of limitations for standard personal injury claims in New York is 36 months. But, there are special circumstances that can shorten that timeframe — for example claims against municipalities, where require filing notice in just three months. When in doubt whether your deadline has passed, contact a personal injury lawyer without delay.
**Myth: "Suing someone means I am being difficult."**
Filing a claim for harm resulting from someone else's irresponsible actions is your right under the law — not a moral failing. Medical bills, time away from work, and ongoing suffering carry actual economic weight. Holding the at-fault individual accountable is the way the justice system works.
At Ianniello Chauvin, LLP, injured individuals get direct counsel from the very first conversation. There are no inflated expectations — just a realistic picture of your case and a plan for getting you the recovery you deserve.
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