Common Myths About Personal Injury Cases in New York 12912
Personal injury law is surrounded by myths that can prevent those who have been harmed from pursuing the compensation they have a right to. Below are some of misunderstandings — and the truth behind each one.
**Myth: "If the accident was partly my fault, I can't recover anything."**
This is one of the most damaging misunderstandings. New York follows a modified comparative negligence rule. In plain terms is you can still are found partly at fault. The compensation gets adjusted by your percentage of fault — but it does not get zeroed out.
**False: "I don't need a lawyer — my insurer will pay what I am owed."**
Carriers are for-profit entities driven by reducing payouts. Their opening settlement is nearly always lower than what your case is worth. A qualified personal injury attorney knows the full picture of your damages — including long-term care needs and quality-of-life damages that insurance companies often undervalue.
**Misconception: "Personal injury claims take years."**
While certain claims may take extended time, most personal injury cases in New York settle within months. The timeline depends on the severity of the boutique law firm Saratoga Springs accident, the willingness of opposing counsel in negotiations, and whether court involvement becomes unavoidable.
**False: "I missed the accident — it is too late."**
The statute of limitations for the majority of personal injury claims in New York is 36 months. That said, there are exceptions that can extend that deadline — including cases involving public agencies, which demand filing notice in just 90 days. If you are not certain whether your claim is still viable, contact a personal injury lawyer without delay.
**Misconception: "Taking legal action means I am being difficult."**
Seeking compensation for harm resulting from another party's negligence is exactly what the legal system was designed for — not an act of greed. Treatment expenses, time away from work, and chronic pain have real financial costs. Making the at-fault individual accountable is the mechanism through which civil law works.
Ianniello Chauvin, LLP's team, injured individuals are given honest answers from the initial consultation. No unrealistic local law firm in Saratoga Springs claims — only an honest evaluation of your case and a strategy for getting you the recovery you deserve.
