Things People Get Wrong About Personal Injury Lawsuits in New York 92873
Personal injury law comes with myths that may discourage those who have been harmed from pursuing the financial recovery they have a right to. Here are the most common misunderstandings — and the truth in practice for each one.
**Misconception: "If it was partly my fault, I cannot file DUI attorney a claim."**
That is one of the most damaging myths. New York operates under a pure comparative negligence standard. What this means is you can still were partly at fault. Your award is reduced by your degree of responsibility — but it does not get eliminated.
**False: "Attorneys are not necessary — my insurer will pay what violent crime defense Saratoga I am owed."**
Insurance companies are corporations focused on controlling payouts. Their first number is almost always lower than what your case is worth. A qualified personal injury lawyer knows the true value of your claim — including ongoing care needs and pain and suffering damages that insurance companies routinely minimize.
**Myth: "Personal injury claims are never-ending."**
It is true that certain claims do take extended time, many personal injury cases in New York reach resolution within months. Duration depends on the nature of the accident, the willingness of opposing counsel toward negotiations, and if court involvement is required.
**Myth: "Too much time has passed after my injury — I have no options."**
New York's filing deadline for standard personal injury lawsuits in New York is three years. That said, some situations that may change that timeframe — including cases involving municipalities, where require filing notice in just 90 days. If you are unsure whether you still have time, speak with a personal injury lawyer without delay.
**Myth: "Suing someone makes me a bad person."**
Pursuing legal recovery for damage done by another party's carelessness is exactly what the legal system was designed for — not something to feel guilty about. Medical bills, lost wages, and ongoing physical limitations impose genuine financial consequences. Making the at-fault individual accountable is the way the justice system protects people like you.
The attorneys at Ianniello Chauvin, LLP, clients receive direct answers from the initial consultation. There are no unrealistic claims — just an honest evaluation of your case and a strategy for pursuing the best possible outcome.
