Misconceptions About Personal Injury Cases in New York 59128
Personal injury law comes with misinformation that may discourage those who have been harmed from seeking the compensation they deserve. Here are some of myths — and the truth in practice for each one.
**Myth: "If the accident was partly my fault, I cannot recover anything."**
This is a particularly harmful myths. New York follows a modified comparative negligence rule. What this means is recovery is possible even if you are found partially at fault. What you receive gets adjusted by your share of fault — but it does not get eliminated.
**Myth: "I don't need a lawyer — my insurer will pay what I am owed."**
Insurance companies are corporations driven by controlling expenses. The first number is almost always lower than what your case is worth. A qualified personal injury attorney understands every component of your case — including ongoing care needs and pain and suffering damages that carriers typically ignore.
**False: "Personal injury cases drag on forever."**
While some cases do take extended time, many personal injury claims in New York settle within months. Duration depends on the severity of your case, how cooperative opposing counsel toward negotiations, and whether litigation proves unavoidable.
**Misconception: "I missed my injury — I have no options."**
The legal window for the majority of criminal law attorney personal injury lawsuits in New York is 36 months. But, there are exceptions that may extend that timeframe — for example claims against government entities, which demand filing notice in just 90 days. When in doubt whether your deadline has passed, speak with a personal injury attorney as soon as possible.
**False: "Suing someone makes me a bad person."**
Pursuing legal recovery for injuries caused by someone else's negligence is a legal right — not a moral failing. Hospital costs, lost wages, and long-term physical limitations impose genuine monetary weight. Making the person who caused your injuries accountable is how civil law protects people like you.
Ianniello Chauvin, LLP's team, clients get straightforward answers from the very first conversation. No unrealistic claims — just an honest evaluation of where your claim stands and a strategy for moving forward.
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