Misconceptions About Personal Injury Lawsuits in New York 30916
Personal injury law is often clouded by misinformation that may stop accident victims from filing the damages they deserve. Here are several of misunderstandings — and the reality behind each DUI defense attorney one.
**Misconception: "If it was partly my fault, I can't sue."**
That is an especially widespread misunderstandings. New York operates under a modified comparative negligence rule. In plain terms is a claim remains viable when you are found partially at fault. The compensation decreases by your degree of contribution to the accident — but it does not get eliminated.
**Myth: "I can handle this myself — the adjuster is going to offer a fair settlement."**
Carriers are for-profit DUI attorney entities measured by minimizing payouts. Their initial offer is frequently below the actual cost of your injuries. An experienced personal injury lawyer knows the true value of your damages — including future care needs and pain and suffering damages that insurance companies often ignore.
**Misconception: "Personal injury claims take years."**
Though certain claims do take longer, most personal injury disputes in New York reach resolution within a reasonable timeframe. The timeline is shaped by the complexity of your case, how cooperative opposing counsel toward settlement discussions, and if litigation is unavoidable.
**False: aggressive DUI lawyer Saratoga Springs "It has been too long since the accident — I have no options."**
New York's filing deadline for the majority of personal injury claims in New York is three years. That said, some exceptions that may shorten that deadline — for example cases involving municipalities, which demand an initial filing in just 90 days. When in doubt whether your deadline has passed, speak with a personal injury lawyer immediately.
**False: "Taking legal action is greedy."**
Filing a claim for injuries caused by someone else's irresponsible actions is your right under the law — not a moral failing. Hospital costs, missed income, and long-term pain impose genuine monetary consequences. Holding the at-fault individual responsible is the way the system works.
At Ianniello Chauvin, LLP, injured individuals get honest counsel from the initial consultation. No inflated expectations — just a clear assessment of what you are dealing with and a strategy for moving forward.
