Misconceptions About Personal Injury Claims in New York 33636
Filing an injury claim is surrounded by misinformation that may stop accident victims from seeking the compensation they have a right to. Let us address the most common misunderstandings — and what actually happens in practice for each one.
**Misconception: "If it was partly my fault, I can't sue."**
This is a particularly harmful myths. New York operates under a pure comparative negligence standard. What this means is you can still are found somewhat at fault. The compensation decreases by your degree of contribution to the accident — but it does not get wiped away.
**Myth: "Attorneys are not necessary — the adjuster will offer a fair settlement."**
Insurance companies are for-profit entities focused on minimizing payouts. Their first number is almost always less than fair value. An experienced personal injury attorney can identify the true value of your claim — including future treatment expenses and pain and suffering damages that adjusters often ignore.
**Myth: "Personal injury claims drag on forever."**
While some cases do take longer, most personal injury cases in New York settle within a reasonable timeframe. How long your case takes varies based on the complexity of the accident, whether the insurance company is toward settlement discussions, and whether a trial is required.
**Misconception: "Too much time has passed after my injury — I cannot do anything."**
The statute of limitations for most personal injury cases in New York is three years. But, there are special circumstances that can extend that window — such as claims against government entities, which mandate a notice of claim in just three months. If you are unsure whether you still have time, consult a personal injury attorney without delay.
**Myth: "Suing someone means I am being difficult."**
Seeking compensation for harm resulting from another party's Saratoga Springs criminal defense negligence is exactly what the legal system was designed for — not a moral failing. Medical bills, missed income, and long-term suffering have real financial consequences. Making the responsible party responsible is the mechanism through which civil law is supposed to function.
The attorneys at Ianniello Chauvin, LLP, injured individuals are given honest answers from day one. There are no unrealistic claims — only a realistic picture of what you are dealing with and a path for getting you the recovery you deserve.
