Misconceptions About Personal Injury Claims in New York 48372
Filing an injury claim comes with myths that can prevent those who have been harmed from filing the damages they are entitled to. Let us address the most common myths — and the reality behind each one.
**Misconception: "If the accident was partly my fault, I cannot sue."**
That is one of the most damaging misconceptions. New York follows a modified comparative negligence rule. What this means is a claim remains viable when you were somewhat at fault. personal injury lawyer Your award gets adjusted by your share of responsibility — but it is not wiped away.
**Myth: "I can handle this myself — the insurance company will treat me fairly."**
Insurance companies are corporations focused on reducing what they pay out. Their first number is frequently lower than fair value. An experienced traffic court lawyer Saratoga Springs personal injury lawyer can identify the true value of your Saratoga Springs corporate law firm damages — including future treatment expenses and non-economic damages that insurance companies often undervalue.
**False: "Personal injury cases are never-ending."**
It is true that some cases can take extended time, most personal injury disputes in New York settle within several months to a year. The timeline varies based on the complexity of your case, how cooperative the insurance company is about negotiations, and if litigation proves required.
**Misconception: "I missed the accident — I have no options."**
The legal window for most personal injury claims in New York is 36 months. But, there are special circumstances that may extend that timeframe — for example claims against public agencies, which require a no win no fee personal injury notice of claim within three months. When in doubt whether your deadline has passed, consult a personal injury attorney as soon as possible.
**False: personal injury law firm Saratoga Springs "Filing a lawsuit means I am being difficult."**
Pursuing legal recovery for damage done by another party's irresponsible actions is your right under the law — not a moral failing. Medical bills, missed income, and long-term pain have real monetary consequences. Making the responsible party responsible is the way the system protects people like you.
At Ianniello Chauvin, LLP, every client are given straightforward counsel from the initial consultation. No unrealistic claims — just a realistic picture of what you are dealing with and a path for moving forward.
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