Misconceptions About Personal Injury Lawsuits in New York 75766
Personal injury law comes with myths that may prevent injured people from filing the compensation they are entitled to. Let us address the most common misunderstandings — and the truth underneath each one.
**False: "If the accident was partly my fault, I can't recover anything."**
That is one of the most damaging myths. New York follows a pure comparative negligence system. That means is you can still are found partly at fault. What you receive decreases by your percentage of fault — but it is not eliminated.
**Myth: "Attorneys are not necessary — the adjuster is going to treat me fairly."**
Insurance companies are traffic lawyer Saratoga Springs corporations focused on controlling payouts. Their initial offer is frequently below the actual cost of your injuries. A dedicated personal injury attorney can identify the full picture of your damages — including ongoing care needs and pain and suffering damages that carriers often minimize.
**Myth: "Personal injury claims drag on forever."**
While some cases may take more than a year, a significant number of personal injury disputes in New York reach resolution within several months to a year. Duration is shaped personal injury attorney by the complexity of the accident, how cooperative the insurance company is toward negotiations, and whether court involvement is required.
**Misconception: "It has been too long since my injury — I have no options."**
New York's filing deadline for standard personal injury lawsuits in New York is 36 months. However, some situations that can extend that window — for example cases involving municipalities, which mandate a notice of claim within 90 days. When in doubt whether your claim is still viable, speak with a personal injury attorney immediately.
**False: "Suing someone makes me a bad person."**
Seeking compensation for injuries caused by someone else's carelessness is a legal right — not something to feel guilty about. Hospital costs, time away from work, and long-term pain have real monetary consequences. Holding the at-fault individual responsible is the mechanism through which the justice system protects people like you.
Ianniello Chauvin, LLP's team, injured individuals are given straightforward answers from the initial consultation. There are no inflated expectations — just a realistic picture of where your claim stands and a plan for moving forward.
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