Things People Get Wrong About Personal Injury Lawsuits in New York 38805
Filing an injury claim comes with myths that can prevent those who have been harmed from pursuing the financial recovery they have a right to. Let us address the most common misunderstandings — and the truth in practice for each one.
**Misconception: "If the accident was partly my fault, I can't recover anything."**
That is an especially widespread myths. New York operates under a modified comparative negligence rule. That means is recovery is possible even if you were partially at fault. Your award gets adjusted by your share of fault — but it does not get wiped away.
**Misconception: "Attorneys are not necessary — the adjuster is going to offer a fair settlement."**
Carriers are corporations measured by reducing expenses. Their first number is almost always less than what your case is worth. A qualified personal injury lawyer knows the true value of your claim — including long-term medical costs and pain and suffering damages that carriers typically ignore.
**Misconception: "Personal injury cases drag on forever."**
It is true that complex matters may take extended time, most personal injury cases in New York resolve within months. Duration varies based on the complexity of your case, how cooperative opposing counsel toward negotiations, and if court involvement becomes required.
**Misconception: "I missed the accident — I cannot do anything."**
The legal window for standard personal injury lawsuits in New York is three years. But, certain situations that can extend that deadline — including claims against public agencies, where require filing notice in just 90 days. When in doubt whether you still have time, consult a personal injury lawyer without delay.
**Misconception: "Suing someone means I am being difficult."**
Filing a claim for injuries caused by someone else's negligence is your right under the law — not something to feel guilty about. Medical bills, missed income, and long-term pain have real monetary costs. Making the person who caused your injuries responsible is the mechanism through which the system is supposed to function.
At DUI blood test attorney Saratoga Ianniello Chauvin, LLP, every client receive straightforward counsel from day one. No unrealistic claims — just a clear assessment of where your claim stands and a path for moving forward.
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