Common Myths About Personal Injury Lawsuits in New York 18323
Filing an injury claim is often clouded by myths that may stop injured people from filing the financial recovery they have a right to. Here are the most common false assumptions — and the truth behind each one.
**Myth: "If the accident was partly my fault, I cannot recover anything."**
This is one of the most damaging misconceptions. New York uses a modified comparative negligence rule. What this means is recovery is possible even if you were partly at fault. Your award is reduced by your share of fault — but it is not eliminated.
**Misconception: "Attorneys are not necessary — the insurance company will pay what I am owed."**
Insurance companies are corporations measured by reducing payouts. The initial offer is nearly always lower than what your case is worth. An experienced personal injury lawyer understands the drunk driving lawyer Saratoga true value of your claim — including long-term treatment expenses and quality-of-life damages that insurance companies typically minimize.
**False: "Personal injury lawsuits take years."**
While some cases do take extended time, most personal injury claims in New York settle within several months to a year. The timeline depends on the complexity of your injuries, the willingness of opposing counsel toward settlement discussions, and if court involvement proves unavoidable.
**False: "It has been too long since my injury — it is too late."**
The statute of limitations for the majority of personal injury claims in New York is three years. However, some situations that can extend that deadline — including cases involving municipalities, which require a notice of claim in just 90 days. If you are unsure whether your claim is still viable, consult a personal injury attorney immediately.
**Misconception: "Taking legal action is greedy."**
Seeking compensation for injuries caused by someone else's negligence is exactly what the legal system was designed for — not something to feel guilty about. Medical bills, missed income, and long-term pain have real financial weight. Making the person who Saratoga Springs accident lawyer caused your injuries responsible is how the system protects people like you.
At Ianniello Chauvin, LLP, every client are given straightforward counsel from Saratoga Springs speeding defense 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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