Common Myths About Personal Injury Claims in New York 56946
Filing an injury claim is surrounded by misinformation that can prevent accident victims from seeking the damages they deserve. Let us address some of false assumptions — and what actually happens behind each one.
**False: "If the accident was partly my fault, I cannot sue."**
That is a particularly harmful myths. New York operates under a pure comparative negligence rule. What this means is recovery is possible even if you are found partly at fault. What you receive gets adjusted by your share of responsibility — but it is not wiped away.
**Myth: "I can handle this myself — my insurer will treat me fairly."**
Adjusters are corporations focused on controlling payouts. The opening settlement is nearly always below fair value. A qualified personal injury attorney can identify the true value of your case — including long-term medical costs and quality-of-life damages that carriers routinely ignore.
**Myth: "Personal injury cases drag on forever."**
While some cases do take longer, many personal injury cases in New York settle within months. Duration is shaped by the complexity of the accident, how cooperative the other side in settlement discussions, and whether a trial is required.
**Misconception: "It has been too long since my injury — I cannot do anything."**
The legal window for standard personal injury lawsuits in New York is 36 months. However, some special circumstances that can shorten that timeframe — for example claims against government entities, which demand a notice of violent crime defense Saratoga claim within 90 days. If you are unsure whether you still have time, speak with a personal injury attorney without delay.
**False: "Filing a lawsuit is greedy."**
Pursuing legal recovery for injuries caused by someone else's irresponsible actions is exactly what the legal system was designed for — not something to feel guilty about. Hospital costs, lost wages, and ongoing suffering carry actual financial costs. Making the person who caused your injuries accountable is the way the justice system protects people like you.
The attorneys at Ianniello Chauvin, LLP, injured individuals are given honest answers from the initial consultation. No inflated expectations — just a realistic picture of what you are dealing with and a plan for pursuing the best possible outcome.
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