Things People Get Wrong About Personal Injury Cases in New York 45230
Pursuing compensation after an accident comes with misinformation that may discourage accident victims from pursuing the compensation they are entitled to. Below are several of misunderstandings — and what actually happens behind each one.
**Myth: "If the accident was partly my fault, I can't recover anything."**
That is a particularly harmful myths. New York operates under a pure comparative negligence standard. That means is a claim remains viable when you were partly at fault. Your award is reduced by your share of contribution to the accident — but it does not get wiped away.
**Misconception: "I don't need a lawyer — my insurer is going to offer a fair settlement."**
Adjusters are businesses measured by controlling what they pay out. Their initial offer is frequently lower than the actual cost of your injuries. A dedicated personal injury attorney understands the true value of your claim — including ongoing medical costs and quality-of-life damages that carriers often ignore.
**Myth: "Personal injury lawsuits take years."**
Though complex matters can take more than a year, many personal injury disputes in New York settle within months. Duration is shaped by the complexity of your injuries, whether the insurance company is in settlement discussions, and if court involvement proves necessary.
**Misconception: "It has been too long since my injury — it is too late."**
The legal window for the majority of personal injury claims in New York is three years. However, there are exceptions that may change that deadline — for example claims against government entities, which demand filing notice within 90 days. If you are not certain whether you still have time, contact a personal injury attorney immediately.
**False: "Filing a lawsuit is greedy."**
Pursuing legal recovery for damage done by someone else's irresponsible actions is your right under the law — not something to feel guilty about. Treatment expenses, lost wages, and ongoing physical limitations impose genuine economic consequences. Holding the at-fault individual responsible is how the system works.
At Ianniello Chauvin, LLP, injured individuals get honest counsel from the very first conversation. No false promises — only a realistic picture of your case and a plan red light camera ticket defense Saratoga for moving forward.
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