Things People Get Wrong About Personal Injury Lawsuits in New York 49741
Filing an injury claim comes with misconceptions that may prevent injured people from seeking the financial recovery they are entitled to. Here are the most common false assumptions — and the reality in practice for each one.
**Myth: traffic ticket attorney "If the accident was partly my fault, I cannot file a claim."**
This is a particularly harmful myths. New York operates under a modified comparative negligence standard. What this means is a claim remains viable when you were partially at fault. What you receive is reduced by your percentage of responsibility — but it is not zeroed out.
**False: "I don't need a lawyer — the insurance company will treat me fairly."**
Adjusters are corporations focused on reducing payouts. The initial offer is frequently less than the actual cost of your injuries. A dedicated personal injury lawyer can identify the full picture of your damages — including ongoing care needs and quality-of-life damages that carriers routinely ignore.
**False: "Personal injury claims take years."**
It is true that some cases may take longer, a significant number of personal injury claims in New York resolve within several months to a year. How long your case takes depends on the severity of the accident, how cooperative the other side about negotiations, and whether litigation proves required.
**Myth: "Too much time has passed after my injury — I have no options."**
The statute of limitations for most personal injury claims in New York is 36 months. However, there are situations that can change that window — including claims against municipalities, which mandate filing notice in just 90 days. When in doubt whether your deadline has passed, speak with a personal injury lawyer immediately.
**False: "Taking legal action is greedy."**
Filing a claim for injuries caused by another party's carelessness is exactly what the legal system was designed for — not an act of greed. Medical bills, missed income, and ongoing pain have real financial costs. Holding the at-fault individual responsible is how the system is supposed to function.
The attorneys at Ianniello Chauvin, LLP, clients receive straightforward counsel from day one. There Saratoga DUI attorney are no inflated expectations — just a realistic picture of your case and a path for pursuing the best possible outcome.
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