Things People Get Wrong About Personal Injury Lawsuits in New York 14928
Personal injury law is often clouded by misinformation that may stop injured people from seeking the financial recovery they deserve. Below are some of misunderstandings — and the truth 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 operates under a modified comparative negligence system. In plain terms is recovery is possible even if you were somewhat at fault. The compensation decreases by your percentage of fault — but it is not wiped away.
**False: "Attorneys are not necessary — the adjuster is going to offer a fair settlement."**
Carriers are corporations focused on reducing payouts. Their initial offer is frequently less than the actual cost of your injuries. A dedicated personal injury attorney can identify the full picture of your claim — including ongoing treatment expenses and pain and suffering damages that adjusters typically minimize.
**Myth: "Personal injury cases are never-ending."**
It is true that complex matters may take extended time, most personal injury claims in New York reach resolution within several months to a year. Duration varies based on the complexity of the accident, the willingness of the insurance company is toward negotiations, and whether court involvement is necessary.
**False: "I missed my injury — it is too late."**
New York's filing deadline for standard personal injury lawsuits in New York is 36 months. However, certain special circumstances that can extend that timeframe — such as cases involving public agencies, where mandate a notice of claim within three months. When in doubt whether you still have time, speak with a personal injury lawyer as soon as possible.
**Myth: "Filing a lawsuit means I am being difficult."**
Seeking compensation for damage done by another party's irresponsible actions is your right under the law — not an act of greed. Hospital costs, missed income, and ongoing physical limitations carry actual financial costs. Making the person who caused your injuries accountable is the mechanism through which civil law works.
The attorneys at Ianniello Chauvin, LLP, every client are given straightforward guidance from the initial consultation. There are no false promises — just personal injury lawyer a realistic picture of where your claim stands and a plan for getting you the recovery you deserve.
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