Things People Get Wrong About Personal Injury Lawsuits in New York 23211
Filing an injury claim is surrounded by myths that can discourage those who have been harmed from filing the damages they deserve. Below are the most common myths — and what actually happens in practice for each one.
**Myth: "If the accident was partly my fault, I can't sue."**
This is one of the most damaging misconceptions. New York follows a modified comparative negligence rule. What this means is a claim remains viable when you are found somewhat at fault. What you receive is reduced by your percentage of contribution to the accident — but it does not get wiped away.
**Myth: "Attorneys are not necessary — the adjuster will offer a fair settlement."**
Insurance companies are businesses driven by minimizing expenses. Their first number is almost always lower than what your case is worth. A qualified personal injury attorney can identify every component of your damages — including future treatment expenses and non-economic damages that adjusters often minimize.
**Myth: "Personal injury cases are never-ending."**
It is true that certain claims can take extended time, many personal injury cases in Saratoga Springs corporate law firm New York resolve within a reasonable timeframe. The timeline is shaped by the complexity of your case, the willingness of the other side about settlement discussions, and if litigation is unavoidable.
**Misconception: "I missed my injury — I cannot do anything."**
New York's filing deadline for the majority of personal injury lawsuits in New York is 36 months. However, certain exceptions that may extend that timeframe — for example cases involving public agencies, which demand a notice of claim within 90 days. If you are not certain whether your claim is still viable, consult a personal injury attorney as soon as possible.
**Myth: "Filing a lawsuit is greedy."**
Pursuing legal recovery for damage done by another party's negligence is a legal right — not an act of greed. Hospital costs, lost wages, and chronic physical limitations impose genuine financial costs. Making the responsible party accountable is the mechanism through which the justice system protects people like you.
At Ianniello Chauvin, LLP, every client receive straightforward guidance from day one. No inflated expectations — just an honest evaluation of where your claim stands and a path for pursuing the best possible outcome.
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