Common Myths About Personal Injury Lawsuits in New York 34188
Personal injury law is surrounded by myths that may prevent injured people from filing the financial recovery they deserve. Below are the most common myths — and what actually happens in practice for each one.
**Myth: "If it was partly my fault, I can't sue."**
That is a particularly harmful misunderstandings. New York operates under a modified comparative negligence rule. What this means is you can still are found somewhat at fault. What you receive is reduced by your share of contribution to the accident — but it is not wiped away.
**Myth: "I don't need a lawyer — the adjuster is going to pay what I am owed."**
Adjusters are businesses measured by reducing what they pay out. The initial offer is almost always less than what your case is worth. An experienced personal injury attorney knows every component of your claim — including ongoing treatment expenses and pain and suffering damages that carriers routinely minimize.
**False: "Personal injury lawsuits take years."**
While complex matters may take more than a year, a significant number of personal injury claims in New York settle within months. Duration is shaped by the complexity of your case, whether the insurance company is about settlement discussions, and whether court involvement is law firm Saratoga Springs required.
**Misconception: "It has been too long since my injury — it is too late."**
The statute of limitations for the majority of personal injury cases in New York is three years. But, there are situations that may change that window — including cases involving government entities, where mandate filing notice within three months. If you are not certain whether your claim is still viable, consult a personal injury attorney as soon as possible.
**Misconception: "Filing a lawsuit makes me a bad person."**
Pursuing legal recovery for damage done by someone else's irresponsible actions is your right under the law — not something to feel guilty about. Hospital costs, lost wages, and chronic suffering carry actual economic weight. Holding the person who caused your injuries responsible is the way the justice system is supposed to function.
Ianniello Chauvin, LLP's team, clients receive direct answers from the very first conversation. No unrealistic claims — just a realistic picture of your case and a plan for pursuing the best possible outcome.
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