Common Myths About Personal Injury Claims in New York 88297
Pursuing compensation after an accident is surrounded by myths that can stop accident victims from filing the damages they are entitled to. Below are the most common myths — and what actually happens behind each one.
**Myth: "If the accident was partly my fault, I can't sue."**
This is an especially widespread misunderstandings. New York uses a pure comparative negligence rule. What this means is a claim remains viable when you are found partly at fault. Your award is reduced by your share of fault — but it is not zeroed out.
**False: "Attorneys are not necessary — the adjuster is going to treat me fairly."**
Insurance companies are corporations focused on controlling expenses. The opening settlement is almost always lower than fair value. An experienced personal injury attorney knows every component of your damages — including future medical costs and pain and suffering damages that insurance companies typically minimize.
**Myth: "Personal injury local law firm in Saratoga Springs cases take years."**
While complex matters do take more than a year, many personal injury cases in New York resolve within months. The timeline varies based on the complexity of your injuries, how cooperative the other side toward resolving the claim, and if court involvement is personal injury attorney unavoidable.
**Myth: "I missed the accident — I cannot do anything."**
The legal window for most personal injury claims in New York is 36 months. However, certain situations that can extend that timeframe — including claims against municipalities, which require filing notice in just 90 days. If you are not certain whether your claim is still viable, speak with a personal injury lawyer as soon as possible.
**False: "Taking legal action means I am being difficult."**
Filing a claim for harm resulting from someone else's carelessness is your right under the law — not something to feel guilty about. Hospital costs, missed income, and long-term assault defense Saratoga Springs physical limitations have real monetary consequences. Making the person who caused your injuries responsible is how the system is supposed to function.
At Ianniello Chauvin, LLP, clients get honest guidance from the initial consultation. No inflated expectations — just a realistic picture of where your claim stands and a plan for moving forward.
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