Misconceptions About Personal Injury Lawsuits in New York 91266
Filing an injury claim is often clouded by misinformation that can stop accident victims from filing the financial recovery they are entitled to. Here are the most common myths — and what actually happens behind each one.
**Misconception: "If the accident was partly my fault, I can't sue."**
That is one of Saratoga law firm the most damaging misconceptions. New York uses a pure comparative negligence standard. That means is a claim remains viable when you are found partly at fault. Your award decreases by your percentage of contribution to the accident — but it is not wiped away.
**False: "I don't need a lawyer — my insurer will treat me fairly."**
Carriers are for-profit entities measured by minimizing what they pay out. The opening settlement is frequently less than what your case is worth. A qualified personal injury lawyer understands the true value of your claim — including long-term medical costs and pain and suffering damages that carriers routinely ignore.
**False: "Personal injury lawsuits drag on forever."**
It is true that some cases do take more than a year, a significant number of personal injury disputes in New York resolve within several months to a year. The expungement attorney Saratoga Springs timeline varies based on the nature of your injuries, how cooperative the other side toward cheap DUI lawyer Saratoga settlement discussions, and if litigation becomes necessary.
**Myth: "I missed the accident — I have no options."**
The legal window for standard personal injury lawsuits in New York is 36 months. But, certain situations that may shorten that deadline — including claims against public agencies, which require a notice of claim in just 90 days. When in doubt whether your deadline has passed, speak with a personal injury lawyer as soon as possible.
**Misconception: "Filing a lawsuit makes me a bad person."**
Seeking compensation for injuries caused by another party's irresponsible actions is a legal right — not a moral failing. Medical bills, missed income, and chronic physical limitations impose genuine monetary consequences. Making the person who caused your injuries accountable is the mechanism through which civil law is supposed to function.
Ianniello Chauvin, LLP's team, every client receive straightforward counsel from day one. There are no false promises — only a realistic picture of your case and a plan for getting you the recovery you deserve.
