Common Myths About Personal Injury Claims in New York 72146
Personal injury law is surrounded by misconceptions that may discourage injured people from pursuing the damages they are entitled to. Here are some of false Saratoga Springs legal services assumptions — and what actually happens in practice for each one.
**Myth: "If the accident was partly my fault, I cannot recover anything."**
This is a particularly harmful misunderstandings. New York follows a pure comparative negligence standard. What this means is recovery is possible even if you are found partially at fault. What you receive decreases by your share of contribution to the accident — but it does not get wiped away.
**False: "I can handle this myself — the adjuster is going to pay what I am owed."**
Carriers are for-profit entities measured by reducing payouts. The opening settlement is almost always below the actual cost of your injuries. A qualified personal injury lawyer knows every component of your claim — including long-term care needs and quality-of-life damages that insurance companies routinely ignore.
**False: "Personal injury cases take years."**
Though complex matters do take more than a year, many personal injury disputes in New York settle within several months to a year. The timeline varies based on the nature of the accident, whether opposing counsel in resolving the claim, and whether court involvement proves necessary.
**Myth: "Too much time has passed after the accident — I cannot do anything."**
The legal window for most personal injury lawsuits in New York is three years. That said, certain special circumstances that can shorten that window — such as claims against public agencies, which require an initial filing within 90 days. When in doubt whether your claim is still viable, speak with a personal injury lawyer without delay.
**Myth: "Suing someone makes me a bad person."**
Filing a claim for injuries caused by someone else's irresponsible actions is a legal right — not something to feel guilty about. Medical bills, lost wages, and ongoing suffering have real economic costs. Making the responsible DUI attorney party responsible is the way the system works.
At Ianniello Chauvin, LLP, every client red light camera ticket defense Saratoga receive straightforward counsel from day one. No inflated expectations — just a clear assessment of where your claim stands and a path for moving forward.
