Things People Get Wrong About Personal Injury Lawsuits in New York 64835
Personal injury law is surrounded by myths that often stop injured people from pursuing the compensation they deserve. Below are some of misunderstandings — and the reality in practice for each one.
**Misconception: "If the accident was partly my fault, I cannot recover anything."**
This is one of the most damaging misunderstandings. New York operates under a modified comparative negligence system. That means is a claim remains viable when you were partially at fault. The compensation gets adjusted by your percentage of responsibility — but it is not eliminated.
**Misconception: "Attorneys are not necessary — my insurer will offer a fair settlement."**
Carriers are businesses measured by minimizing what they pay out. Their initial offer is frequently below the actual cost of your injuries. An experienced personal injury attorney understands the full picture of your claim — including ongoing care needs and non-economic damages that adjusters often undervalue.
**Misconception: "Personal injury claims take years."**
While some cases can take more than a year, many personal injury claims in New York reach resolution within months. The timeline is shaped by the nature of your injuries, how cooperative the other side in settlement discussions, and whether litigation becomes necessary.
**Myth: "It has been too long since my injury — I have no options."**
The statute of limitations for standard personal injury claims in New York is 36 months. However, some situations that may extend that timeframe — including cases involving municipalities, where require a notice of claim in just 90 days. When in doubt whether your claim is still viable, consult a personal injury attorney as soon as possible.
**Myth: "Taking legal action is greedy."**
Seeking compensation for harm resulting defense attorney near me from another party's carelessness is your right under the law — not a moral failing. Treatment expenses, lost wages, and ongoing physical limitations have real financial costs. Making the at-fault individual responsible is the way the justice system works.
At Ianniello Chauvin, LLP, every client receive direct counsel from the initial consultation. No inflated expectations — just a realistic picture of your case and a plan for moving forward.
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