Things People Get Wrong About Personal Injury Claims in New York 48557
Filing an injury claim is surrounded by myths that can discourage those who have been harmed from filing the financial recovery they have a right to. Here are several of false assumptions — and the reality in practice for each one.
**Misconception: "If the accident was partly my fault, I cannot sue."**
This is a particularly harmful misunderstandings. New York uses a modified comparative expungement attorney Saratoga Springs negligence standard. What this means is you can still are found partially at fault. Your award is reduced by your percentage of contribution to the accident — but it is not zeroed out.
**Myth: "Attorneys are not necessary — my insurer will treat me fairly."**
Carriers are for-profit entities driven by reducing what they pay out. The initial offer is nearly always less than what your case is worth. A dedicated personal injury attorney understands the full picture of your case — including future treatment expenses and pain and suffering damages that carriers typically ignore.
**False: "Personal injury claims drag on forever."**
It is true that some cases may take extended time, a significant number of personal injury cases in New York settle within a reasonable timeframe. Duration varies based on the nature of your injuries, how cooperative the insurance company is in negotiations, and if court involvement proves required.
**Myth: "It has been too long since the accident — it is too late."**
The legal window for the majority of personal injury cases in New York is three years. However, there are special circumstances that may shorten that window — for example cases involving public agencies, where require filing notice in just three months. If you are unsure whether your claim is still viable, contact a personal injury lawyer as soon as possible.
**Misconception: "Filing a lawsuit makes me a bad person."**
Filing a claim for damage done by someone else's carelessness is your right under the law — not something to feel guilty about. Medical bills, time away from work, and long-term suffering impose genuine economic weight. Making the responsible party accountable is how civil law is supposed to function.
The attorneys at Ianniello Chauvin, LLP, every client are given direct counsel from day one. There are no unrealistic claims — only a realistic picture of your case and a plan for moving forward.
