Things People Get Wrong About Personal Injury Cases in New York 19094
Filing an injury claim is surrounded by misconceptions that often prevent injured people from filing the financial recovery they have a right to. Let us address Saratoga Springs DUI defense several of false assumptions — and what actually happens behind each one.
**Myth: "If it was partly my fault, I cannot file a claim."**
That is a particularly harmful misunderstandings. New York follows a pure comparative negligence standard. What this means is recovery is possible even if you were partly at fault. What you receive is reduced by your share of fault — but it does not get eliminated.
**False: "I can handle this myself — the insurance company will treat me fairly."**
Carriers are businesses driven by reducing what they pay out. The opening settlement is nearly always less than fair value. A dedicated personal injury lawyer knows the best law firms in Saratoga Springs true value of your case — including ongoing care needs and quality-of-life damages that carriers routinely undervalue.
**Myth: "Personal injury lawsuits take years."**
Though some cases may take extended time, a significant number of personal injury claims in New York resolve within months. The timeline depends on the complexity of your case, the willingness of opposing counsel toward resolving the claim, and whether litigation proves necessary.
**Misconception: "It has been too long since my injury — it is too late."**
The statute of limitations for standard personal injury cases in New York is 36 months. However, certain situations that can shorten that timeframe — such as claims against public agencies, which require filing notice in just three months. When in doubt whether your deadline has passed, contact a personal injury lawyer immediately.
**Misconception: "Filing a lawsuit is greedy."**
Pursuing legal recovery for harm resulting from another party's carelessness is exactly what the legal system was designed for — not an act of greed. Hospital costs, time away from work, and ongoing pain have real economic consequences. Holding the at-fault individual accountable is the way the justice system is supposed to function.
The attorneys at Ianniello Chauvin, LLP, injured individuals receive direct guidance from the initial consultation. No false promises — just a clear assessment of your case and a plan for getting you the recovery you deserve.
