Things People Get Wrong About Personal Injury Cases in New York 72123
Filing an injury claim is surrounded by misinformation that often prevent injured people from filing the damages they deserve. Here are some of false assumptions — and what actually happens underneath each one.
**False: "If the accident was partly my fault, I cannot file a claim."**
That is an especially widespread myths. New York follows a pure comparative negligence standard. In plain terms is you can still are found partly at fault. Your award gets adjusted by your degree of responsibility — but it is not zeroed out.
**Misconception: "Attorneys are not necessary — the insurance company is going to treat me fairly."**
Adjusters are corporations measured by controlling expenses. Their opening settlement is nearly always below what your case is worth. A dedicated personal injury attorney knows the true value of your claim — including long-term care needs and quality-of-life damages that insurance companies routinely ignore.
**Myth: "Personal injury lawsuits are never-ending."**
While complex matters can take longer, most personal injury cases in New York reach resolution within a reasonable timeframe. How long your case takes depends best law firms in Saratoga Springs on the severity of the accident, the willingness of opposing counsel toward negotiations, and if litigation becomes unavoidable.
**Myth: "It has been too long since my injury — it is too late."**
New York's filing deadline for most personal injury claims in New York is 36 months. That said, certain special circumstances that may extend that deadline — such as cases involving public agencies, which mandate a notice of claim in just three months. If you are unsure whether you still have time, speak with a personal injury lawyer as soon as possible.
**Misconception: "Suing someone is greedy."**
Filing a claim for damage done by another party's irresponsible actions is a legal right — not a moral failing. Treatment expenses, time away from work, and chronic physical limitations have real monetary consequences. Making the responsible party responsible is how the system is supposed to function.
The attorneys at Ianniello Chauvin, LLP, every client are given honest counsel from the very first conversation. No false promises — just a clear assessment of your case and a plan for moving forward.
