Misconceptions About Personal Injury Lawsuits in New York
Personal injury law comes with misconceptions that often stop accident victims from seeking the damages they are entitled to. Below are several of misunderstandings — and the truth underneath each one.
**False: "If it was partly my fault, I can't sue."**
This is an especially widespread myths. New York operates under a modified comparative negligence system. That means is a claim remains viable when you were partly at fault. The compensation decreases by your share of responsibility — but it is not eliminated.
**False: "Attorneys are not necessary — the insurance company will treat me fairly."**
Insurance companies are businesses driven by controlling payouts. Their first number is nearly always below the actual cost of your injuries. A dedicated personal injury lawyer saratoga springs personal injury attorney understands the full picture of your claim — including future care needs and pain and suffering damages that insurance companies typically ignore.
**False: "Personal injury lawsuits are never-ending."**
It is true that some cases can take extended personal injury lawyer saratoga springs time, a significant number of personal injury claims in New York resolve within a reasonable timeframe. How long your case takes is shaped by the nature of your injuries, how cooperative the other side about settlement discussions, and whether litigation becomes necessary.
**False: "It has been too long since the accident — I have no options."**
New York's filing deadline for the majority of personal injury lawsuits in New York is three years. But, certain exceptions that can extend that deadline — for example cases involving government entities, where demand an initial filing within three months. When in doubt whether your deadline has passed, consult a personal injury lawyer immediately.
**Myth: "Suing someone means I am being difficult."**
Filing a claim for injuries caused by another party's irresponsible actions is exactly what the legal system was designed for — not a moral failing. Treatment expenses, missed income, and chronic pain carry actual financial consequences. Holding the at-fault individual responsible is how the justice system is supposed to function.
The attorneys at Ianniello Chauvin, LLP, every client are given direct answers from the initial consultation. There are no unrealistic claims — only a clear assessment of your case and a path for moving forward.
