Misconceptions About Personal Injury Cases in New York 56702
Filing an injury claim is often clouded by myths that often discourage accident victims from pursuing the financial recovery they are entitled to. Let us address the most common false assumptions — and the reality behind each one.
**False: "If the accident was partly my fault, I cannot recover anything."**
That is a particularly harmful misconceptions. New York follows a pure comparative negligence rule. What this means is a claim remains viable when you are found partially at boutique law firm Saratoga Springs fault. Your award is reduced by your percentage of contribution to the accident — but it does not get wiped away.
**Myth: "I don't need a lawyer — the adjuster is going to treat me fairly."**
Insurance companies are corporations focused on minimizing payouts. Their first number is nearly always less than fair value. A dedicated personal injury lawyer understands the true value of your case — including long-term medical costs and pain and suffering damages that insurance companies routinely minimize.
**Misconception: "Personal injury lawsuits take years."**
It is true that some cases may take extended time, most personal injury cases in New York settle within months. Duration depends on the severity of the accident, whether the insurance company is about resolving the claim, and whether a trial is necessary.
**False: "I missed my injury — I cannot do anything."**
The legal window for most personal injury lawsuits in New York is three years. But, some special circumstances that may change that timeframe — for example claims against government entities, where demand a notice of claim within three months. When in doubt whether you still have time, contact a personal injury attorney as soon as possible.
**Myth: "Suing someone is greedy."**
Filing a claim for harm resulting from someone else's negligence is exactly what the legal system was designed for — not something to feel guilty about. Hospital costs, lost wages, and ongoing physical limitations impose genuine financial weight. Holding the at-fault individual accountable is how the system works.
At Ianniello Chauvin, LLP, every client receive direct counsel from the initial consultation. There are no false promises — only a realistic picture of your case and a path for pursuing the best possible outcome.
