Common Myths About Personal Injury Claims in New York 29159
Pursuing compensation after an accident comes with myths that often discourage accident victims from filing the damages they are entitled to. Below are the most common misunderstandings — and the truth underneath each one.
**Myth: "If the accident was partly my fault, I cannot file a claim."**
That is an especially widespread myths. New York follows a pure comparative negligence standard. That means is recovery is possible even if you were somewhat at fault. Your award gets adjusted by your percentage of fault — but it is not eliminated.
**False: "I don't need a lawyer — the insurance company will offer a fair settlement."**
Insurance companies are businesses measured by controlling payouts. The opening settlement is almost always lower than fair value. A dedicated personal injury attorney understands every component of your case — including long-term medical costs and pain and suffering damages that adjusters routinely ignore.
**Myth: "Personal injury lawsuits take years."**
While complex matters may take longer, most personal injury disputes in New York reach resolution within several months to a year. How long your case takes varies based on the nature of your case, whether the other side about resolving the claim, and if litigation becomes required.
**Myth: "Too much time has passed after my injury — I have no options."**
New York's filing deadline for standard personal injury cases in New York is three years. That said, some special circumstances that may shorten that deadline — for example claims against government entities, which mandate filing notice within three months. When in doubt whether your deadline has passed, speak with a personal injury attorney as soon as possible.
**Myth: out of state ticket defense Saratoga "Suing someone is greedy."**
Filing a claim for injuries caused by someone else's irresponsible actions is exactly what the legal system was designed for — not a moral failing. Hospital costs, time away from work, and ongoing physical limitations carry actual economic consequences. Making the responsible party accountable is the mechanism through which the system is supposed to function.
The attorneys at Ianniello Chauvin, LLP, every client get straightforward answers from the very first conversation. No false promises — only a clear assessment of what you are dealing with and a strategy for moving forward.
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