Common Myths About Personal Injury Claims in New York 87706
Pursuing compensation after an accident comes with misinformation that often discourage those who have been harmed from filing the damages they are entitled to. Let us address the most common false assumptions — and what actually happens in practice for each one.
**False: "If it was partly my fault, I can't recover anything."**
This is an especially widespread misconceptions. New York uses a modified comparative negligence rule. That means is a claim remains viable when you were partly at fault. The compensation gets adjusted by your degree of contribution to the accident — but it is not zeroed out.
**False: "Attorneys are not necessary — my insurer is going to pay what I am owed."**
Insurance companies are for-profit entities measured by minimizing what they pay out. The first number is nearly always less than what your case is worth. An experienced personal injury attorney understands every component of your claim — including future treatment expenses and pain and suffering damages that carriers typically minimize.
**False: "Personal injury cases take years."**
Though complex matters may take more than a year, most personal injury cases in New York settle within several months to a year. The timeline depends on the severity of your injuries, how cooperative opposing counsel about resolving the claim, and if litigation becomes required.
**Misconception: "Too much time has passed after my injury — I cannot do anything."**
New York's filing deadline for most personal injury claims in New York is three years. But, some special circumstances that can extend that timeframe — including claims against public agencies, which require filing notice in just three months. When in doubt whether your claim is still viable, contact a personal injury lawyer as soon as possible.
**Misconception: "Suing someone makes me boutique law firm Saratoga Springs a bad person."**
Pursuing legal recovery for harm resulting traffic court lawyer Saratoga Springs from another party's carelessness is your right under the law — not an act of greed. Treatment expenses, time away from work, and ongoing physical limitations carry actual monetary weight. Holding the person who caused your injuries accountable is the mechanism through which the justice system is supposed to function.
At Ianniello Chauvin, LLP, every client are given honest counsel from the initial consultation. No false promises — just an honest evaluation of what you are dealing with and a plan for pursuing the best possible outcome.
