Things People Get Wrong About Personal Injury Claims in New York
Filing an injury claim is surrounded by misinformation that often stop those who have been harmed from pursuing the damages they are entitled to. Let us address several of misunderstandings — and the truth in practice for each one.
**Myth: "If it was partly my fault, I can't file a claim."**
This is a particularly harmful misunderstandings. New York operates under a pure comparative negligence rule. What this means is a claim remains viable when you are found partially at fault. What you receive gets adjusted by your share of fault — but it is not wiped away.
**Misconception: "I can handle this myself — my insurer is going to pay what I am owed."**
Carriers are businesses driven by minimizing expenses. Their initial offer is nearly always lower than fair value. A dedicated personal injury lawyer can identify the full picture of your damages — including ongoing care needs and pain and suffering damages that adjusters often minimize.
**False: "Personal injury claims drag on forever."**
While certain claims can take more than a year, many personal injury disputes in New York reach resolution within several months to a year. Duration is shaped by the nature of your injuries, how cooperative the other side about settlement discussions, and whether litigation is required.
**Misconception: "Too much time has passed after my injury — it is too late."**
The legal window for standard personal injury cases in New York is three years. However, certain exceptions that can shorten that window — such as cases involving municipalities, which require filing notice in just three months. When in doubt whether you still have time, contact a personal injury attorney without delay.
**Misconception: "Filing a lawsuit makes me a bad person."**
Seeking compensation for harm resulting from another party's carelessness is a legal right — not an act of greed. Hospital costs, lost wages, criminal defense lawyer and chronic pain carry actual financial consequences. Making the person who caused your injuries responsible is the way the system works.
Ianniello Chauvin, LLP's team, clients are given straightforward guidance from the very first conversation. No false promises — just a realistic picture of your case and a strategy for pursuing the best possible outcome.
