Misconceptions About Personal Injury Cases in New York 16129
Filing an injury claim is often clouded by myths that often discourage those who have been harmed from filing the financial recovery they are entitled to. Below are the most common myths — and the truth underneath each one.
**Myth: "If the accident was partly my fault, I can't file a claim."**
This is one of the most damaging misunderstandings. New York operates under a pure comparative negligence system. In plain terms is a claim remains viable when you are found somewhat at fault. Your award gets adjusted by your percentage of contribution to the accident — but it is not eliminated.
**Myth: "I don't need a lawyer — the Saratoga Springs corporate law firm adjuster will treat me fairly."**
Adjusters are businesses focused on reducing payouts. The first number is frequently below the actual cost of your injuries. An experienced personal injury lawyer can identify the full picture of your case — including ongoing treatment expenses and non-economic damages that insurance companies often ignore.
**False: "Personal injury claims are never-ending."**
It is true that certain claims can take more than a year, many personal injury claims in New York settle within several months to a year. The timeline varies based on the complexity of your case, the willingness of opposing counsel about settlement discussions, and whether a trial proves unavoidable.
**Misconception: "I missed the accident — it is too late."**
The statute of limitations for the majority of personal injury lawsuits in New York is 36 months. But, there are exceptions that may change that timeframe — such as cases involving municipalities, where mandate a notice of claim within 90 days. If you are not certain whether your claim is still viable, contact a personal injury lawyer as soon as possible.
**Myth: "Taking legal action is greedy."**
Seeking compensation for harm resulting from another party's carelessness is a legal right — not a moral failing. Treatment expenses, missed income, and chronic suffering have real financial consequences. Making the responsible party responsible is the mechanism through which the justice system protects people like you.
Ianniello Chauvin, LLP's team, injured individuals are given honest answers from day one. There are no unrealistic claims — only an honest evaluation of your case and a plan for pursuing the best possible outcome.
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