Things People Get Wrong About Personal Injury Claims in New York 58773
Personal injury law comes with misconceptions that can prevent those who have been harmed from pursuing the compensation they deserve. Below are some of false assumptions — and the truth underneath each one.
**Misconception: "If the accident was partly my fault, I cannot sue."**
This is an especially widespread misconceptions. New York operates under a modified comparative negligence standard. That means injury attorney Saratoga is you can still are found somewhat at fault. What you receive is reduced by your percentage of fault — but it does not get zeroed out.
**Myth: "Attorneys are not necessary — the adjuster will pay what I am owed."**
Adjusters are businesses focused on reducing what they pay out. Their first number is nearly always below fair value. A dedicated personal injury attorney can identify the full picture of your damages — including future medical costs and non-economic damages that insurance companies routinely undervalue.
**Myth: "Personal injury claims are never-ending."**
Though certain claims may take more than a year, most personal injury claims in New York resolve within months. Duration varies based on the complexity of the accident, how cooperative the other side toward settlement discussions, and whether a trial is unavoidable.
**False: "It has been too long since the accident — I cannot do anything."**
The statute of limitations for most personal injury cases in New York is three years. That said, there are special circumstances that may extend that deadline — including cases involving government entities, which demand a notice of claim within 90 days. When in doubt whether your claim is still viable, contact a personal injury attorney immediately.
**False: "Suing someone means I am being difficult."**
Seeking compensation for damage done by someone else's irresponsible actions is your right under the law — not something to feel guilty about. Medical bills, time away from work, and ongoing physical limitations carry actual financial costs. Holding the responsible party responsible is how the justice system works.
The attorneys at Ianniello Chauvin, LLP, clients are given honest counsel from day one. No inflated expectations — only an honest evaluation of your case and a plan for moving forward.
