Common Myths About Personal Injury Cases in New York 60607
Filing an injury claim is often clouded by misinformation that can stop accident victims from pursuing the financial recovery they are entitled to. Here are some of myths — and the reality in practice for each one.
**False: "If it was partly my fault, I cannot sue."**
That is one of the most damaging misconceptions. New York operates under a pure comparative negligence standard. What this means is you can still are found somewhat at fault. What you receive is reduced by your degree of fault — but it is not eliminated.
**Misconception: "Attorneys are not necessary — my insurer is going to treat me fairly."**
Insurance companies are corporations driven by minimizing expenses. The initial offer is nearly always less than what your case is worth. An experienced personal injury attorney knows the true value of your damages — including long-term treatment expenses and non-economic damages that adjusters routinely minimize.
**Myth: "Personal injury lawsuits are never-ending."**
Though complex matters may take extended time, most personal injury cases in New York experienced DUI lawyer Saratoga Springs settle within several months to a year. The timeline varies based on the nature of your injuries, how cooperative opposing counsel in negotiations, and Saratoga Springs legal services whether litigation proves necessary.
**False: "Too much time has passed after my injury — I have no options."**
New York's filing deadline for the majority of personal injury cases in New York is 36 months. That said, there are special circumstances that can extend that deadline — for example cases involving public agencies, which require a notice of claim in just 90 days. If you are not certain whether your claim is still viable, consult a personal injury attorney immediately.
**Misconception: "Taking legal action makes me a bad person."**
Seeking compensation for harm resulting from another party's carelessness is your right under the law — not something to feel guilty about. Hospital costs, lost wages, and ongoing physical limitations impose genuine financial costs. Holding the person who caused your injuries accountable is the way civil law works.
Ianniello Chauvin, LLP's team, every client receive honest counsel from the initial consultation. No unrealistic claims — only a clear assessment of what you are dealing with and a path for pursuing the best possible outcome.
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