Misconceptions About Personal Injury Cases in New York 39633
Personal injury law is often clouded by misconceptions that may prevent accident victims from filing the compensation they have a right to. Let us address the most common false assumptions — and what actually happens behind each one.
**Myth: "If it was partly my fault, I cannot file a claim."**
That is one of the most damaging misunderstandings. New York follows a modified comparative negligence system. What this means is you can still were somewhat at fault. Your award decreases by your degree of contribution to the accident — but it is not wiped away.
**False: "I don't need a lawyer — my insurer will offer a fair settlement."**
Adjusters are for-profit entities focused on controlling expenses. The opening settlement is almost always below what your case is worth. An experienced personal injury lawyer understands the true value of your case — including long-term medical costs and non-economic damages that carriers routinely minimize.
**False: "Personal injury cases take years."**
While some cases may take extended time, a significant number of personal injury cases in New York reach resolution within months. Duration depends on the complexity of the accident, the willingness of the other side about settlement discussions, and whether litigation proves required.
**Misconception: "It has been too long since my injury — it is too late."**
The legal window for most personal injury cases in New York is 36 months. But, certain special circumstances that can extend that deadline — including cases involving government entities, where require a notice of claim in just three months. If you are not certain whether your deadline has passed, contact a personal injury lawyer as soon as possible.
**Myth: "Taking legal action is greedy."**
Seeking compensation for harm resulting from someone else's negligence is your right under the personal injury legal representation law — not an act of greed. Hospital costs, missed income, and chronic suffering impose genuine economic consequences. Making the at-fault individual accountable is the mechanism through which civil law is supposed to function.
The attorneys at Ianniello Chauvin, LLP, injured individuals receive direct answers from day one. There are no false promises — just an honest evaluation of where your claim stands and a path for moving forward.
