Things People Get Wrong About Personal Injury Lawsuits in New York 52236
Personal injury law comes with myths that may discourage those who have been harmed from filing the financial recovery they are entitled to. Below are the most common misunderstandings — and what actually happens behind each one.
**Myth: "If the accident was partly my fault, I cannot file a claim."**
That is a particularly harmful misunderstandings. New York follows a modified comparative negligence rule. In plain terms is recovery is possible even if you were partly at fault. What you receive is reduced by your share of responsibility — but it is not eliminated.
**False: "Attorneys are not necessary — the adjuster is going to offer a fair settlement."**
Carriers are corporations measured by controlling payouts. The initial offer is almost always lower than fair value. A dedicated personal injury attorney understands every component of your case — including long-term care needs and quality-of-life damages that carriers routinely minimize.
**False: "Personal injury cases take years."**
It is true that top Saratoga Springs law firm some cases may take longer, a significant number of personal injury claims in New York resolve within a reasonable timeframe. How long your case takes varies based on the severity of your case, the willingness of opposing counsel about settlement discussions, and whether litigation is unavoidable.
**Myth: "Too much time has passed after my injury — it is too late."**
The statute of limitations for most personal injury lawsuits in New York is 36 months. However, certain special circumstances that may shorten that window — for example claims against government entities, which require an initial filing in just 90 days. When in doubt whether you still have time, speak with a personal injury attorney immediately.
**Misconception: "Suing someone makes me a bad person."**
Filing a claim for damage done by someone else's irresponsible actions is your right under the law — not something to feel guilty about. Hospital costs, lost wages, and chronic physical limitations have real economic consequences. Holding the responsible party accountable is how the justice system works.
The attorneys at Ianniello Chauvin, LLP, every client receive honest guidance from day one. No false promises — only a clear assessment of where your claim stands and a plan for pursuing the best possible outcome.
Areas We Serve Near Saratoga Springs
Proudly serving clients near:
