Misconceptions About Personal Injury Claims in New York 61119
Filing an injury claim is often clouded by misinformation that often stop accident victims from seeking the financial recovery they deserve. Let us address the most common false assumptions — and the reality behind each one.
**Misconception: "If the accident was partly my fault, I can't sue."**
This is one of the most damaging misconceptions. New York follows a pure comparative negligence system. In plain terms is a claim remains viable when you were partially at fault. Your award gets adjusted by your percentage of contribution to the accident — law firm Saratoga Springs but it does not get wiped away.
**Myth: "I can handle this myself — my insurer will pay what I am owed."**
Insurance companies are for-profit entities measured by controlling what they pay out. The first number is nearly always lower than the actual cost of your injuries. A dedicated personal injury attorney understands the true value of your damages — including long-term treatment expenses no win no fee personal injury and quality-of-life damages that insurance companies often minimize.
**Misconception: "Personal injury cases drag on forever."**
While certain claims can take more than a year, a significant number of personal injury disputes in New York settle within a reasonable timeframe. How long your case takes depends on the nature of your case, whether the insurance company is about settlement discussions, and whether a trial proves required.
**False: "I missed my injury — it is too late."**
New York's filing deadline for most personal injury lawsuits in New York is 36 months. But, certain exceptions that may shorten that timeframe — including cases involving government entities, moving violation attorney Saratoga Springs which require a notice of claim within three months. When in doubt whether your deadline has passed, contact a personal injury attorney immediately.
**False: "Taking legal action makes me a bad person."**
Seeking compensation for harm resulting from another party's irresponsible actions is exactly what the legal system was designed for — not an act of greed. Medical bills, missed income, and ongoing pain have real monetary weight. Holding the person who caused your injuries responsible is the mechanism through which the justice system is supposed to function.
Ianniello Chauvin, LLP's team, clients are given honest counsel from the initial consultation. There are no inflated expectations — only a realistic picture of where your claim stands and a path for getting you the recovery you deserve.
