Misconceptions About Personal Injury Lawsuits in New York 79724
Pursuing compensation after an accident is often clouded by misinformation that often discourage those who have been harmed from seeking the damages they have a right to. Below are several of false assumptions — and the truth underneath each one.
**Misconception: "If the accident was partly my fault, I can't sue."**
That is a particularly harmful myths. New York operates under a modified comparative negligence system. In plain terms is recovery is possible even if you were partly at fault. Your award is reduced by your degree of fault — but it does not get zeroed out.
**Myth: "I can handle this myself — the adjuster is going to offer a fair settlement."**
Carriers are corporations focused on reducing payouts. Their initial offer is nearly always boutique law firm Saratoga Springs below what your case is worth. A qualified personal injury lawyer can identify every component of your damages — including ongoing care needs and quality-of-life damages that carriers routinely undervalue.
**Misconception: "Personal injury lawsuits are never-ending."**
While complex matters can take more than a year, a significant number of personal injury disputes in New York reach resolution within months. Duration depends on the nature of your case, whether opposing counsel in negotiations, and if litigation becomes required.
**Misconception: "I missed my injury — it is too late."**
The legal window for standard personal injury cases in New York is three years. That said, some special circumstances that can extend that timeframe — including claims against municipalities, where mandate filing notice within three months. When in doubt whether your deadline has passed, consult a personal injury attorney without delay.
**False: "Suing someone makes me a bad person."**
Filing a claim for injuries caused by another party's negligence is a legal right — not something to feel guilty about. Medical bills, lost wages, and chronic suffering have real monetary costs. Making the at-fault individual responsible is the mechanism through which the justice system protects people like you.
At Ianniello Chauvin, LLP, injured individuals get straightforward answers from day one. No false promises — only a clear assessment of what you are dealing with and a strategy for pursuing the best possible outcome.
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