Common Myths About Personal Injury Lawsuits in New York 45008
Personal injury law is surrounded by myths that can discourage accident victims from filing the damages they have a Saratoga Springs attorneys right to. Below are several of misunderstandings — and the truth in practice for each one.
**Myth: "If it was partly my fault, I can't recover anything."**
That is an especially widespread misunderstandings. New York operates under a modified comparative negligence standard. What this means is a claim remains viable when you are found partially at fault. The compensation decreases by your degree of fault — but it is not eliminated.
**Misconception: "I don't need a lawyer — the adjuster is going to pay what I am owed."**
Carriers are businesses focused on reducing expenses. The first number is almost always lower than what your case is worth. A dedicated personal injury lawyer can identify the full misdemeanor lawyer Saratoga Springs picture of your case — including future treatment expenses and non-economic damages that adjusters often ignore.
**Myth: "Personal injury lawsuits drag on forever."**
Though complex matters may take more than a year, many personal injury disputes in New York settle within several months to a year. Duration is shaped by the nature of the accident, the willingness of opposing counsel in settlement discussions, and whether court involvement is required.
**False: "Too much time has passed after the accident — I cannot do anything."**
The legal window for most personal injury claims in New York is three years. However, there are situations that can extend that window — for example cases involving government entities, which mandate filing notice in just 90 days. When in doubt whether your claim is still viable, speak with a personal injury attorney without delay.
**False: "Filing a lawsuit makes me a bad person."**
Filing a claim for injuries caused by another party's carelessness is your right under the law — not a moral failing. Medical bills, missed income, and chronic suffering impose genuine economic consequences. Making the person who caused your injuries responsible is the mechanism through which the justice system protects people like you.
The attorneys at Ianniello Chauvin, LLP, every client get honest guidance from the very first conversation. There are no false promises — only an honest evaluation of where your claim stands and a path for pursuing the best possible outcome.
