Misconceptions About Personal Injury Lawsuits in New York 92263
Personal injury law is often clouded by misconceptions that can discourage those who have been harmed from seeking the compensation they deserve. Let us address the most common misunderstandings — and the reality behind each one.
**Misconception: "If it was partly my fault, I cannot sue."**
That is a particularly harmful myths. New York uses a pure comparative negligence rule. In plain terms is a claim remains viable when you were somewhat at fault. The compensation decreases by your degree of responsibility — but it is not wiped away.
**Misconception: "I don't need a lawyer — my insurer is going full-service law firm Saratoga to treat me fairly."**
Insurance companies are corporations driven by minimizing expenses. Their first number is frequently less than fair value. An experienced personal injury attorney can identify every component of your claim — including long-term medical costs and quality-of-life damages that carriers typically minimize.
**False: "Personal injury claims are never-ending."**
It is true that certain claims can take more than a year, most personal injury claims in New York resolve within several months to a year. How long your case takes varies based on the nature of the accident, whether the insurance company is about resolving the claim, and whether a trial is unavoidable.
**Myth: "It has been too long since the accident — it is too late."**
The legal window for standard personal injury cases in New York is three years. But, there are situations that can shorten that window — for example claims against public agencies, which demand a notice of claim in just 90 days. When in doubt whether your deadline has passed, contact a personal injury lawyer immediately.
**Myth: "Filing a lawsuit is greedy."**
Seeking compensation for damage done by someone else's irresponsible actions is exactly what the legal system was designed for — not something to feel guilty about. Treatment expenses, lost wages, and chronic pain have real economic weight. Holding the person who caused your injuries responsible is the way the justice system protects people like you.
Ianniello Chauvin, LLP's team, every client receive honest counsel from the initial consultation. No inflated expectations — only an honest evaluation of your case and a plan for moving forward.
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