Things People Get Wrong About Personal Injury Claims in New York 43871
Pursuing compensation after an accident comes with misconceptions that often stop those who have been harmed from seeking the financial recovery they are entitled to. Here are the most common false assumptions — and what actually happens underneath each one.
**Myth: "If the accident was partly my fault, I cannot file a claim."**
That is a particularly harmful myths. New York uses a modified comparative negligence standard. What this means is a claim remains viable when you were partially at fault. Your award is reduced by your percentage of contribution to the accident — but it is not zeroed out.
**Myth: "I can handle this myself — the insurance company is going to offer a fair settlement."**
Adjusters are for-profit entities measured by controlling expenses. Their initial offer is frequently less than what your case is worth. An experienced personal injury attorney knows the full picture DUI attorney of your case — including ongoing treatment expenses and pain and suffering damages that carriers often ignore.
**Misconception: "Personal injury cases drag on forever."**
Though some cases do take more than a year, many personal injury cases in New York settle within months. The timeline depends on the complexity of your case, whether opposing counsel about settlement discussions, and if court involvement proves required.
**False: "Too much time has passed after the accident — it is too late."**
The legal window for the majority of personal injury cases in New York is three years. That said, some special circumstances that may shorten that window — including cases involving municipalities, which demand a notice of claim in just 90 days. If you are not certain whether you still have time, consult a personal injury attorney without delay.
**Myth: "Filing a lawsuit means I am being difficult."**
Filing a claim for damage done by another party's negligence is exactly what the legal system was designed for — not something to feel guilty about. Treatment expenses, lost wages, and chronic pain carry actual economic weight. Making the at-fault individual accountable is the mechanism through which the system works.
The attorneys at Ianniello Chauvin, LLP, clients receive direct counsel from the very first conversation. No inflated expectations — just a realistic picture of what you are dealing with and a path for pursuing the best possible outcome.
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