Common Myths About Personal Injury Lawsuits in New York
Filing an injury claim is often clouded by misconceptions that can stop accident victims from seeking the damages they are entitled to. Below are some of misunderstandings — and the reality in practice for each one.
**False: "If the accident was partly my fault, I cannot sue."**
This is one of the most damaging misconceptions. New York uses a pure comparative negligence system. In plain terms is recovery family law firm Saratoga Springs is possible even if you are found somewhat at fault. What you receive is reduced by your percentage of responsibility — but it is not zeroed out.
**Myth: "I can handle this myself — the insurance company will treat me fairly."**
Insurance companies are for-profit entities measured by minimizing payouts. The initial offer slip and fall attorney Saratoga is nearly always less than what your case is worth. A dedicated personal injury attorney can identify the full picture of your claim — including long-term medical costs and non-economic damages that carriers often ignore.
**Misconception: "Personal injury claims are never-ending."**
It is true that complex matters can take longer, many personal injury claims in New York resolve within several months to a year. How long your case takes varies based on the severity of your injuries, how cooperative the other side toward negotiations, and if a trial becomes unavoidable.
**False: "Too much time has passed after the accident — I have no options."**
The statute of limitations for standard personal injury lawsuits in New York is 36 months. traffic citation lawyer Saratoga That said, there are special circumstances that can change that window — such as claims against public agencies, which demand a notice of claim within 90 days. If you are not certain whether you still have time, speak with a personal injury lawyer immediately.
**False: "Suing someone makes me a bad person."**
Filing a claim for injuries caused by someone else's carelessness personal injury law firm Saratoga Springs is your right under the law — not something to feel guilty about. Hospital costs, missed income, and chronic physical limitations have real financial costs. Making the at-fault individual accountable is the mechanism through which civil law works.
At Ianniello Chauvin, LLP, every client receive honest counsel from the very first conversation. No inflated expectations — only an honest evaluation of what you are dealing with and a strategy for getting you the recovery you deserve.
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