Misconceptions About Personal Injury Claims in New York 89543
Filing an injury claim is surrounded by myths that may stop those who have been harmed from seeking the damages they are entitled to. Here are the most common myths — and what actually happens in practice for each one.
**False: "If the accident was partly my fault, I can't file a claim."**
This is one of the most damaging misconceptions. New York uses a modified comparative negligence standard. In plain terms is recovery is possible even if you were somewhat at fault. The compensation is reduced by your degree of fault — but it is not zeroed out.
**False: "I can handle this myself — the insurance company will offer a fair settlement."**
Adjusters are corporations measured by controlling payouts. Their opening settlement is nearly always less than fair value. A qualified personal injury lawyer knows every component of your damages — including ongoing care needs and pain and suffering damages that adjusters often ignore.
**Myth: "Personal injury cases are never-ending."**
It is true that complex matters may take extended time, most personal injury cases in New York settle within several months to a year. Duration varies based on the nature of the accident, whether the insurance company is toward settlement discussions, and whether litigation proves necessary.
**False: "Too much time has passed after my injury — I have no options."**
The statute of limitations for most personal injury lawsuits in New York is 36 months. But, certain situations that may change that timeframe — including claims against municipalities, which require filing full service law firm Saratoga Springs notice within 90 days. If you are unsure whether your claim is still viable, contact a personal injury attorney as soon as possible.
**Myth: "Taking legal action means I am being difficult."**
Seeking compensation for injuries caused by another party's irresponsible actions moving violation attorney Saratoga Springs is a legal right — not an act of greed. Medical bills, missed income, and long-term suffering have real economic weight. Making the responsible party accountable is the mechanism through which the justice system protects people like you.
At Ianniello Chauvin, LLP, every client receive straightforward guidance from the initial consultation. There are no inflated expectations — just a realistic picture of what you are dealing with and a strategy for pursuing the best possible outcome.
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