Common Myths About Personal Injury Lawsuits in New York 66850
Filing an injury claim is often clouded by misconceptions that can discourage those who have been harmed from seeking the damages they are entitled to. Let us address several of misunderstandings — and the truth in practice for each one.
**Myth: "If the accident was partly my fault, I can't sue."**
This is a particularly harmful misunderstandings. New York operates under a pure comparative negligence standard. In plain terms is a claim remains viable when you are found partially at fault. The compensation decreases by your share of contribution to the accident — but it is not eliminated.
**Myth: "I don't need a lawyer — my insurer will treat me fairly."**
Adjusters are corporations driven by minimizing payouts. The initial offer is nearly always below what your case is worth. A qualified personal injury lawyer can identify the true value of your damages — including long-term medical costs and pain and suffering damages that carriers often ignore.
**False: "Personal injury claims drag on forever."**
It is true that certain claims may take more than a year, most personal injury disputes in New York resolve within a reasonable timeframe. How long your case takes depends on the complexity of your injuries, the willingness of opposing counsel in resolving the claim, and whether a trial proves necessary.
**Myth: "I missed my injury — I cannot do anything."**
The statute of limitations for most personal injury claims in New York is 36 months. But, some situations that may extend that window — such as cases involving government entities, where mandate filing notice in just 90 days. If you are not certain whether your claim is still viable, consult a personal injury attorney immediately.
**False: "Suing someone means I am being difficult."**
Pursuing legal recovery for harm resulting from another party's carelessness is a legal right — not an act of greed. Treatment expenses, time away from work, and ongoing physical limitations impose genuine financial consequences. Holding the at-fault individual accountable is how the system is supposed to function.
The attorneys at Ianniello Chauvin, LLP, every client get straightforward guidance from the very Saratoga Springs DUI defense first conversation. There are no inflated expectations — just an honest evaluation of where your claim stands and a path for pursuing the best possible outcome.
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