Things People Get Wrong About Personal Injury Cases in New York 41010
Pursuing compensation after an accident is surrounded by myths that can stop injured people from pursuing the damages they deserve. Below are several of false assumptions — and what actually happens in practice for each one.
**False: "If the accident was partly my fault, I can't sue."**
This is an especially widespread myths. New York uses a modified comparative negligence standard. What this means is recovery is possible even if you are found partially at fault. The compensation decreases by your share of responsibility — but it is not eliminated.
**Myth: "I can handle this myself — the adjuster is going to offer a fair settlement."**
Carriers are for-profit entities measured by controlling what they pay out. Their opening settlement is almost always less than fair value. A qualified personal injury attorney can identify the true value of your case — including ongoing medical costs and non-economic damages that carriers routinely ignore.
**Myth: "Personal injury claims are never-ending."**
Though some cases may take extended time, a significant number of personal injury claims in New York reach resolution within several months to a year. The timeline varies based on the complexity of your case, the willingness of the insurance company is about resolving the claim, and whether a trial proves required.
**Myth: "It has been too long since my injury — it is red light camera ticket defense Saratoga too late."**
The legal window for most personal injury lawsuits in New York is three years. But, there are exceptions that can extend that deadline — including claims against public agencies, which require an initial filing within three months. When in doubt whether your claim is still viable, speak with a personal injury lawyer without delay.
**False: "Filing a lawsuit makes me a bad traffic citation lawyer Saratoga person."**
Pursuing legal recovery for injuries caused by another party's irresponsible actions is a legal right — not something to feel guilty about. Medical bills, time away from work, and long-term suffering carry actual financial costs. Making the person who caused your injuries responsible is the mechanism through which the justice system is supposed to function.
Ianniello Chauvin, LLP's team, every client are given direct answers from the initial consultation. There are no unrealistic claims — only a realistic picture of your case and a strategy for moving forward.
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