Common Myths About Personal Injury Lawsuits in New York 68569
Personal injury law is surrounded by misconceptions that can stop those who have been harmed from pursuing the damages they deserve. Here are some of myths — and the truth behind each one.
**Misconception: "If it was partly my fault, I cannot recover anything."**
This is one of the most damaging misunderstandings. New York operates under a modified comparative negligence rule. What this means is a claim remains viable when you are found somewhat at fault. The compensation decreases by your percentage of contribution to the accident — but it is not eliminated.
**Myth: "Attorneys are not necessary — my insurer will offer a fair settlement."**
Carriers are corporations focused on reducing payouts. Their first number is frequently less than what your case is worth. A qualified personal injury lawyer can identify the true value of your damages — including long-term medical costs and non-economic damages that insurance companies routinely ignore.
**Myth: "Personal injury lawsuits are never-ending."**
It is true that certain claims may take extended time, most personal injury claims in New York reach resolution within a reasonable timeframe. The timeline is shaped by the complexity of your injuries, the willingness of opposing counsel in negotiations, and whether litigation becomes necessary.
**Misconception: "Too much time has passed after my injury — I have no options."**
New York's filing deadline for the majority of personal injury claims in New York is 36 months. That said, some exceptions that may extend that cheap DUI lawyer Saratoga deadline — for example claims against government entities, which mandate an initial filing in just three months. When in doubt whether your claim is still viable, contact a personal injury lawyer as soon as possible.
**False: "Filing a lawsuit makes me a bad person."**
Pursuing legal recovery for harm resulting from another party's carelessness is a legal right — not something to feel guilty about. Hospital costs, lost wages, and ongoing physical limitations carry actual economic consequences. Holding the person who caused your injuries accountable is the mechanism through which the justice system protects people like you.
At Ianniello Chauvin, LLP, injured individuals get honest counsel from the initial consultation. No inflated expectations — just a clear assessment of where your claim stands and a plan for moving forward.
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