Things People Get Wrong About Personal Injury Claims in New York 60069
Filing an injury claim is often clouded by misconceptions that may stop injured people from pursuing the compensation they deserve. Let us address some of myths — and what actually happens in practice for each one.
**Misconception: "If it was partly my fault, I cannot file a claim."**
That is one of the most damaging myths. New York operates under a pure comparative negligence standard. That means is recovery is possible even if you are found partly at fault. What you receive gets adjusted by your percentage of responsibility — but it does not get wiped away.
**False: "I don't need a lawyer — the insurance company is going to offer a fair settlement."**
Insurance companies are for-profit entities focused on controlling what they pay out. Their opening settlement is almost always lower than the actual cost of your injuries. An experienced personal injury lawyer knows the full picture of your damages — including long-term Saratoga Springs legal services treatment expenses and pain and suffering damages that carriers routinely Saratoga Springs attorneys minimize.
**Myth: "Personal injury claims drag on forever."**
It is true that certain claims do take extended time, most personal injury disputes in New York reach resolution within months. How long your case takes varies based on the complexity of your injuries, how cooperative the other side toward resolving the claim, and whether litigation proves necessary.
**Myth: "It has been too long since the accident — I cannot do anything."**
The legal window for the majority of personal injury lawsuits in New York is three years. However, certain situations that may change that deadline — such as cases involving municipalities, which demand a notice of claim in just 90 days. If you are unsure whether your deadline has passed, consult a personal injury attorney immediately.
**Myth: "Suing someone means I am being difficult."**
Seeking compensation for injuries caused by someone else's carelessness is your right under the law — not something to feel guilty about. Hospital costs, missed income, and chronic pain have real economic costs. Holding the responsible party accountable is how the justice system works.
Ianniello Chauvin, LLP's team, injured individuals receive straightforward counsel from day one. No false promises — only a clear assessment of your case and a path for moving forward.
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