Misconceptions About Personal Injury Cases in New York 18057
Filing an injury claim is surrounded by misconceptions that may discourage accident victims from seeking the compensation they are entitled to. Let us address some of myths — and the truth in practice for each one.
**False: "If it was partly my fault, I cannot recover anything."**
This is personal injury legal representation a particularly harmful misconceptions. New York follows a modified comparative negligence standard. What this means is a claim remains viable when you are found partially at fault. What you receive gets adjusted by your degree of responsibility — but it does not get zeroed out.
**Misconception: "I don't need a lawyer — my insurer is going to pay what I am owed."**
Adjusters are businesses focused on reducing what they pay out. The first number is almost always less than fair value. A dedicated personal injury lawyer knows every component of your case — including ongoing care needs and pain and suffering damages that insurance companies often minimize.
**False: "Personal injury lawsuits drag on forever."**
While complex matters can take extended time, a significant number of personal injury cases in New York settle within a reasonable timeframe. How long your case takes varies based on the severity of the accident, how cooperative opposing counsel toward resolving the claim, and whether litigation proves necessary.
**False: "I missed the accident — it is too late."**
The legal window for standard personal injury claims in New York is three years. That said, certain situations that can change that deadline — for example claims against government entities, which mandate an initial filing within 90 days. When in doubt whether your claim is still viable, consult a personal injury lawyer immediately.
**False: "Taking legal action is greedy."**
Filing a claim for harm resulting from another party's irresponsible actions is your right under the law — not an act of greed. Treatment expenses, time away from work, and ongoing suffering have real financial costs. Holding the responsible party responsible is how the justice system protects people like you.
The attorneys at Ianniello Chauvin, LLP, injured individuals receive straightforward answers from the initial consultation. No false promises — just an honest evaluation of your case and a path for pursuing criminal law attorney the best possible outcome.
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