Common Myths About Personal Injury Lawsuits in New York 34663
Pursuing compensation after an accident is surrounded by misconceptions that can discourage accident victims from seeking the financial recovery they are entitled to. Here are the most common myths — and what actually happens behind each one.
**Myth: "If the accident was partly my fault, I cannot sue."**
That is a particularly harmful misunderstandings. New York uses a modified comparative negligence standard. What this means is a claim remains viable when you are found partly at fault. What you receive decreases by your degree of responsibility — but it is not wiped away.
**False: "I can handle out of state ticket defense Saratoga this myself — the adjuster is going to treat me fairly."**
Insurance companies are for-profit entities focused on controlling expenses. The first number is almost always lower than fair value. A qualified personal injury attorney understands the true value of your claim — including ongoing medical costs and quality-of-life damages that adjusters typically ignore.
**Misconception: "Personal injury cases take years."**
Though certain claims may take extended time, most personal injury claims in New York reach resolution within months. Duration is shaped by the nature of your case, whether the other side in resolving the claim, and if a trial becomes required.
**False: "Too much time has passed after my injury — I have no options."**
The legal window for the majority of personal injury lawsuits in New York is three years. That said, there are exceptions that can extend that deadline — for example cases involving government entities, where require a notice of claim in just three months. When in doubt whether you still have time, consult a personal injury attorney immediately.
**Misconception: "Taking legal action is greedy."**
Filing a claim for harm resulting from someone else's carelessness is a legal right — not a moral failing. Treatment expenses, time away from work, and long-term pain impose genuine financial consequences. Making the at-fault individual responsible is the way the system works.
The attorneys at Ianniello Chauvin, LLP, injured individuals are given honest answers from day one. There are no unrealistic claims — just a clear assessment of your case and a path for pursuing the best possible outcome.
