Misconceptions About Personal Injury Claims in New York 81506
Pursuing compensation after an accident is often clouded by myths that may stop those who have been harmed from pursuing the damages they have a right to. Let us address some of misunderstandings personal injury attorney — and the truth in practice for each one.
**Misconception: "If the accident was partly my fault, I can't sue."**
That is one of the most damaging myths. New York uses a pure comparative negligence rule. That means is a claim remains viable when you were somewhat at fault. The compensation gets adjusted by your share of responsibility — but it does not get zeroed out.
**Misconception: "Attorneys are not necessary — my insurer is going to offer a fair settlement."**
Carriers are for-profit entities experienced Saratoga Springs lawyers measured by minimizing what they pay out. The first number is nearly always below fair value. A dedicated personal injury attorney knows the full picture of your case — including long-term care needs and quality-of-life damages that insurance companies routinely minimize.
**Myth: "Personal injury cases drag on forever."**
While complex matters do take more than a year, most personal injury claims in New York reach resolution within a reasonable timeframe. Duration is shaped by the severity of the accident, the willingness of the other side about negotiations, and if litigation proves necessary.
**Misconception: "It has been too long since the accident — I cannot do anything."**
New York's filing deadline for standard personal injury cases in New York is three years. However, some special circumstances that can extend that deadline — including claims against municipalities, which mandate an initial filing within three months. When in doubt whether you still have time, speak with a personal injury attorney as soon as possible.
**Myth: "Suing someone makes me a bad person."**
Seeking compensation for harm resulting from someone else's carelessness is a legal right — not an act of greed. Hospital costs, lost wages, and chronic suffering impose genuine economic weight. Holding the person who caused your injuries responsible is the way the justice system protects people like you.
Ianniello Chauvin, LLP's team, clients are given honest guidance from the initial consultation. No unrealistic claims — only a realistic picture of your case and a plan for getting you the recovery you deserve.
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