Misconceptions About Personal Injury Lawsuits in New York 46553
Filing an injury claim comes with misinformation that may prevent those who have been harmed from filing the financial recovery they have a right to. Below are several of misunderstandings — and what actually happens underneath each one.
**Myth: "If it was partly my fault, I cannot recover anything."**
This is an especially widespread misunderstandings. New York uses a pure comparative negligence standard. That means is a claim remains viable when you are found somewhat at fault. The compensation decreases by your share of fault — but it does not get wiped away.
**Myth: "I can handle this myself — my insurer will offer a fair settlement."**
Insurance companies are for-profit entities driven by minimizing what they pay out. Their first number is almost always lower than fair value. An experienced personal injury lawyer can local ticket attorney identify the true value of your case — including ongoing treatment expenses and non-economic damages that insurance companies routinely ignore.
**Misconception: "Personal injury lawsuits are never-ending."**
Though complex matters may take more than a year, many personal injury disputes in New York reach resolution within several months to a year. The timeline depends on the severity of your case, how cooperative opposing counsel toward resolving the claim, and if court involvement becomes necessary.
**Myth: "I missed the accident — it is too late."**
The legal window for the majority of personal injury claims in New York is three years. But, there are special circumstances that can shorten that deadline — including cases involving public agencies, which Saratoga injury law firm mandate filing notice within three months. If you are unsure whether your claim is still viable, speak with a personal injury attorney immediately.
**False: "Taking legal action means I am being difficult."**
Seeking compensation for damage done by another party's irresponsible actions is exactly what the legal system was designed for — not an act of greed. Hospital costs, missed income, and chronic physical limitations impose genuine financial consequences. Holding the responsible party responsible is the mechanism through which the justice system protects people like you.
At Ianniello Chauvin, LLP, every client are given straightforward answers from the initial consultation. No unrealistic claims — only a realistic picture of where your claim stands and a strategy for moving forward.
