Misconceptions About Personal Injury Cases in New York 99946
Filing an injury claim is surrounded by myths that can stop accident victims from filing the financial recovery they have a right to. Let us address some of misunderstandings — and the truth behind each one.
**False: "If the accident was partly my fault, I cannot sue."**
This is a particularly harmful myths. New York follows a pure comparative negligence standard. What this means is recovery is possible even if you are found partially at fault. The compensation gets adjusted by your percentage of fault — but it does not get eliminated.
**False: "Attorneys are not necessary — my insurer is going to pay what I am owed."**
Adjusters are for-profit entities measured by controlling what they pay out. The opening settlement is almost always less than the actual cost of your injuries. An experienced Saratoga Springs attorneys personal injury lawyer knows every component of your claim — including long-term treatment expenses and non-economic damages that insurance companies often ignore.
**Misconception: "Personal injury claims are never-ending."**
While some cases can take extended time, most personal injury cases in New York reach resolution within several months to a year. Duration depends on the severity of your injuries, the willingness of the other side about settlement discussions, and whether court involvement becomes necessary.
**Myth: "It has been too long since my injury — I cannot do anything."**
New York's filing deadline for most personal injury lawsuits in New York is 36 months. That said, some situations that can extend that deadline — including claims against public agencies, which require a notice of claim within 90 days. If you are not certain whether you still have time, consult a personal injury attorney without delay.
**Myth: "Taking legal action is greedy."**
Seeking compensation for injuries caused by another party's carelessness is a legal right — not an act of greed. Treatment expenses, time away from work, and ongoing suffering impose genuine monetary weight. Making the responsible party accountable is how civil law is supposed to function.
The attorneys at Ianniello Chauvin, LLP, injured individuals receive straightforward guidance from day one. There are no inflated expectations — only an honest evaluation of where your claim stands and a plan for getting you the recovery you deserve.
