Common Myths About Personal Injury Claims in New York
Personal injury law comes with myths that often stop injured people from seeking the damages they deserve. Here are some of myths — and the truth underneath each one.
**Misconception: "If it was partly my fault, I cannot file a claim."**
That is a particularly harmful misunderstandings. New York uses a pure comparative negligence system. What this means is a claim remains viable when you were somewhat at fault. Your award is reduced by your degree of responsibility — but it is not zeroed out.
**False: "I don't need a lawyer — the adjuster is going to treat me fairly."**
Insurance companies are businesses measured by reducing what they pay out. Their opening settlement is almost always less than fair value. A dedicated personal injury attorney understands the full picture of your claim — including long-term care needs and quality-of-life damages that insurance companies often ignore.
**Misconception: "Personal injury cases take years."**
It is true that Saratoga Springs attorneys complex matters can take extended time, many personal injury disputes in New York settle within several months to a year. How long your case takes varies based on the complexity of your case, how cooperative the other side in resolving the claim, and if court involvement is necessary.
**False: "Too much time has passed after the accident — I cannot do anything."**
The statute of limitations for most personal injury cases in New York is three years. However, there are exceptions that can change that window — such as claims against government entities, which require an initial filing in just 90 days. If you are unsure whether your claim is still viable, consult a personal injury lawyer immediately.
**Misconception: "Suing someone is greedy."**
Seeking compensation for harm resulting from someone else's negligence is a legal right — not something to feel guilty about. Hospital costs, missed income, and long-term pain carry actual economic costs. Holding the person who caused your injuries responsible is how the system is supposed to function.
At Ianniello Chauvin, LLP, clients get honest guidance from day one. No false promises — only a clear assessment of what you are dealing with and a plan for moving forward.
Areas We Serve Near Saratoga Springs
Proudly serving clients near:
