Misconceptions About Personal Injury Claims in New York 34526
Personal injury law is often clouded by myths that often prevent those who have been harmed from pursuing the damages they are entitled to. Let us address the most common misunderstandings — and what actually happens behind each one.
**Myth: "If it was partly my fault, I cannot file a claim."**
This is a particularly harmful misconceptions. New York operates under a modified comparative negligence rule. What this means is recovery is possible even if you are found partly at fault. What you receive decreases by your share of fault — but it is not eliminated.
**Myth: "I don't need a lawyer — the insurance company is going to offer a fair settlement."**
Insurance companies are businesses measured by controlling payouts. Their initial offer is almost always lower than what your case is worth. A dedicated personal injury attorney can identify the true value of your damages — including ongoing treatment expenses and non-economic damages that insurance companies typically minimize.
**Misconception: "Personal injury cases drag on forever."**
It is true that some misdemeanor lawyer Saratoga Springs cases do take more than a year, a significant number of personal injury claims in New York settle within several months to a year. How long your case takes varies based on the nature of your case, the willingness of the insurance company is in settlement discussions, and if litigation is required.
**Misconception: "Too much time has passed after my injury — I cannot do anything."**
The legal window for standard personal injury claims in New York is 36 months. However, there are situations that can extend that window — including cases involving municipalities, which require filing notice within three months. When in doubt whether you still have time, speak with a personal injury attorney as soon as possible.
**Myth: "Filing a lawsuit means I am being difficult."**
Filing a claim for injuries caused by someone else's negligence is a legal right — not a moral failing. Hospital costs, lost wages, and chronic suffering have real economic consequences. Making the person who caused your injuries accountable is how the system works.
At Ianniello Chauvin, LLP, injured individuals receive direct counsel from day one. There are no unrealistic claims — only an honest evaluation of where your claim stands and a strategy for getting you the recovery you deserve.
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