Misconceptions About Personal Injury Claims in New York 43413
Pursuing compensation after an accident comes with misconceptions that may discourage injured people from seeking the compensation they deserve. Below are some of false assumptions — and what actually happens behind each one.
**Myth: "If the accident was partly my fault, I cannot file a claim."**
This is a particularly harmful misunderstandings. New York operates under a modified comparative negligence rule. In plain terms is you can still were partially at fault. What you receive is reduced by your degree of fault — but it does not get zeroed out.
**False: "I can handle this myself — the insurance company is going to treat me fairly."**
Adjusters are corporations measured by controlling what they pay out. The initial offer is almost always below fair value. An experienced personal injury attorney knows every component of your claim — including long-term medical costs and pain and suffering damages that carriers typically minimize.
**False: "Personal injury claims take years."**
It is true that certain claims do take more than a year, a significant number of personal injury disputes in New York settle within months. Duration varies based on the complexity of the accident, how boutique law firm Saratoga Springs cooperative the other side in negotiations, and if a trial proves required.
**False: "I missed my injury — I have no options."**
The statute of limitations for most personal injury claims in New York is three years. That said, certain situations that may change that deadline — such as cases involving public agencies, which require an initial filing in just 90 days. If you are not certain whether you still have time, speak with a personal injury lawyer without delay.
**False: "Taking legal action is greedy."**
Seeking compensation for injuries caused by another party's negligence is a legal right — not an act of greed. Hospital costs, time away from work, and long-term physical limitations impose genuine monetary consequences. Holding the responsible party responsible is the mechanism through which the justice system protects people like you.
The attorneys at Ianniello Chauvin, LLP, every client receive direct counsel from day one. No inflated expectations — just an honest evaluation of where your claim stands and a strategy for pursuing the best possible outcome.
