Things People Get Wrong About Personal Injury Lawsuits in New York 60275
Personal injury law is surrounded by misinformation that can stop accident victims from seeking the damages they are entitled to. Let us address the most common myths — and the truth underneath each one.
**Myth: "If the accident was partly my fault, I can't sue."**
This is a particularly harmful misconceptions. New York follows a modified comparative negligence standard. That means is you can still are found partially at fault. Your award is reduced by your percentage of fault — but it is not zeroed out.
**Myth: "I can handle this myself — the adjuster is going to pay what I am owed."**
Insurance companies are corporations driven by reducing payouts. The opening settlement is nearly always lower than fair value. A dedicated personal injury attorney knows every component of your claim — including future treatment expenses and pain and suffering damages that insurance companies routinely ignore.
**Myth: "Personal injury cases drag on forever."**
It is true that complex matters do take more than a year, a significant number of personal injury claims in New York resolve within a reasonable timeframe. How long your case takes depends on the severity of your injuries, the willingness of the insurance company is about negotiations, and if litigation is necessary.
**Misconception: "I missed my injury — I cannot do anything."**
The statute of limitations for the majority of personal injury cases in New York is three years. That said, certain special circumstances that can shorten that window — such as cases involving public agencies, where require filing notice in just 90 days. If you are unsure whether your claim is still viable, contact a personal injury attorney immediately.
**False: "Taking legal action means I am being difficult."**
Pursuing legal recovery for damage done by another party's negligence is exactly what the legal system was designed for — not a moral failing. Hospital costs, time ticket defense attorney Saratoga away from work, and ongoing physical limitations have real financial consequences. Holding the responsible party accountable is how the system works.
The attorneys at Ianniello Chauvin, LLP, clients receive direct counsel from the initial consultation. There are no inflated expectations — only a realistic assault defense Saratoga Springs picture of where your claim stands and a path for moving forward.
