Misconceptions About Personal Injury Lawsuits in New York
Filing an injury claim is often clouded by misinformation that often discourage those who have been harmed from seeking the compensation they are entitled to. Let us address the most common myths — and the truth behind each one.
**False: "If it was partly my fault, I cannot file a claim."**
That is a particularly harmful misconceptions. New York operates under a modified comparative negligence system. In plain terms is a claim remains viable when you are found somewhat at fault. What you receive is reduced by your percentage of contribution to the accident — but it does not get zeroed out.
**Misconception: "I can handle this myself — the insurance company will offer a fair settlement."**
Carriers are corporations driven by reducing payouts. The first number is nearly always lower than what your case is worth. An experienced personal injury attorney can identify the full picture of your damages — including ongoing care needs and pain and suffering damages that insurance companies often ignore.
**Myth: "Personal injury claims take years."**
It is true that some cases do take longer, most personal injury claims in New York resolve within several months to a year. The timeline depends on the nature of your injuries, whether the law firm Saratoga Springs insurance company is about negotiations, and if a trial is necessary.
**False: traffic court lawyer Saratoga Springs "Too much time has passed after my injury — it is too late."**
New York's filing deadline for most personal injury lawsuits in New York is 36 months. However, some exceptions that may extend that window — such as claims against public agencies, where mandate filing notice in just 90 days. If you are not certain Saratoga law firm whether your claim is still viable, speak with a personal injury lawyer without delay.
**False: "Filing a lawsuit means I am being difficult."**
Filing a claim for injuries caused by someone else's carelessness is a legal right — not an act of greed. Treatment expenses, lost wages, and chronic physical limitations carry actual monetary consequences. Holding the person who caused your injuries accountable is how civil law works.
The attorneys at Ianniello Chauvin, LLP, every client receive direct answers from the very first conversation. There are no inflated expectations — only an honest evaluation of what you are dealing with and a plan for moving forward.
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