Things People Get Wrong About Personal Injury Claims in New York 73398
Personal injury law experienced Saratoga Springs lawyers is surrounded by misconceptions that often stop those who have been harmed from seeking the damages they have a right to. Let us address some of misunderstandings — and the reality behind each one.
**Myth: "If the accident was partly my fault, I cannot sue."**
That is one of the most damaging misconceptions. New York operates under a pure comparative negligence rule. What this means is recovery is possible even if you were partly at fault. The compensation is reduced by your degree of responsibility — but it does not get eliminated.
**False: "I don't need a lawyer — the insurance company will pay what I am owed."**
Carriers are businesses focused on minimizing payouts. Their initial offer is frequently below fair value. A dedicated personal injury attorney knows every component of your damages — including ongoing care needs and non-economic damages that insurance companies typically ignore.
**Misconception: "Personal injury lawsuits take years."**
It is true that some cases may take more than a year, most personal injury cases in New York settle within several months to a year. Duration varies based on the complexity of the accident, whether the other side about resolving the claim, and if a trial proves unavoidable.
**Misconception: "It has been too long since the accident — it is misdemeanor lawyer Saratoga Springs too late."**
The legal window for the majority of personal injury cases in New York is three years. However, some exceptions that can change that timeframe — for example claims against municipalities, which require filing notice within 90 days. If you are not certain whether your claim is still viable, consult a personal injury lawyer without delay.
**False: "Filing a lawsuit makes me a bad person."**
Pursuing legal recovery for harm resulting from someone else's negligence is exactly what the legal system was designed for — not an act of greed. Treatment expenses, missed income, and long-term suffering have real economic costs. Making the person who caused your injuries accountable is how the justice system is supposed to function.
At Ianniello Chauvin, LLP, every client receive direct counsel from day one. There are no false promises — only a clear assessment of your case and a plan for moving forward.
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