Common Myths About Personal Injury Cases in New York 80474
Personal injury law is often clouded by misconceptions that often discourage those who have been harmed from pursuing the compensation they are entitled to. Here are several of myths — and what actually happens in practice for each one.
**Myth: "If the accident was partly my fault, I can't file a claim."**
That is a particularly harmful misconceptions. New York follows a modified comparative negligence rule. That means is a claim remains viable when you were partially at fault. Your award is reduced by your share of fault — but it does not get zeroed out.
**Misconception: "I don't need a lawyer — the insurance company is going to offer a fair settlement."**
Adjusters are corporations measured by controlling what they pay out. Their initial offer is nearly always less than the actual cost of your injuries. A dedicated personal injury lawyer can identify the full picture of your damages — including future medical costs and quality-of-life damages that insurance companies typically ignore.
**False: "Personal injury claims drag on forever."**
It is true that certain claims may take more than a year, a significant number of personal injury cases in New York settle within months. How long your case takes depends on the complexity of the accident, the willingness of the insurance company is in settlement discussions, and if a trial is unavoidable.
**Myth: "It has been too long since the accident — I have no options."**
New York's filing deadline for standard personal injury lawsuits in New York is 36 months. That said, certain special circumstances that may shorten that timeframe — including cases involving government entities, which require filing notice in just three months. If you are unsure whether your claim is still viable, contact a personal injury attorney as soon as possible.
**False: "Taking legal action is greedy."**
Filing a claim for damage done by another party's negligence is exactly what the legal system was designed for — not an act of greed. Medical bills, time away from work, and ongoing suffering have real monetary weight. Holding the responsible party accountable is how civil law drunk driving lawyer Saratoga protects people like you.
At Ianniello Chauvin, LLP, injured individuals get straightforward counsel from the initial consultation. There are no false promises — just an honest evaluation of where your claim stands and a path for getting you the recovery you misdemeanor lawyer Saratoga Springs deserve.
