Common Myths About Personal Injury Cases in New York 67209
Pursuing compensation after an accident comes with misconceptions that may stop injured people from filing the damages they deserve. Let us address several of misunderstandings — and the reality in practice for each one.
**False: "If the accident was partly my fault, I cannot file a claim."**
That is one of the most damaging misunderstandings. New York operates under a modified comparative negligence system. What this means is you can still were partially at fault. Your award is reduced by your percentage of responsibility — but it is not zeroed out.
**Myth: "I can handle this myself — the insurance drunk driving lawyer Saratoga company will offer a fair settlement."**
Insurance companies are for-profit entities measured by minimizing what they pay out. Their first number is almost always lower than fair value. A dedicated personal injury attorney knows the full picture of your claim — including future care needs and pain and suffering damages that insurance companies routinely ignore.
**Myth: "Personal injury claims are never-ending."**
While some cases do take more than a year, many personal injury disputes in New York reach resolution within a reasonable timeframe. The timeline is shaped by the nature of your case, whether opposing counsel toward negotiations, and if a trial is required.
**False: "It has been too long since my injury — I have no options."**
The legal window for the majority of personal injury lawsuits in New York is three years. That said, there are special circumstances that can change that window — such as cases involving municipalities, which mandate an initial filing within three months. When in doubt whether your claim is still viable, consult a personal injury attorney immediately.
**Myth: "Taking legal action means I am being difficult."**
Pursuing legal recovery for harm resulting from someone else's carelessness is a legal right — not an act of greed. Medical bills, lost wages, and long-term suffering carry actual monetary weight. Holding the responsible party responsible is how the system is supposed to function.
Ianniello Chauvin, LLP's team, clients are given direct answers from the very first conversation. No false promises — only a realistic picture of your case and a path for moving forward.
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