Common Myths About Personal Injury Cases in New York 49349
Pursuing compensation after an accident comes with misinformation that may prevent injured people from seeking the compensation they have a right to. Below are the most common false assumptions — and the truth behind each one.
**Myth: "If the accident was partly my fault, I cannot file a claim."**
That is one of the most damaging misunderstandings. New York operates under a pure comparative negligence system. What this means is recovery is possible even if you were somewhat at fault. The compensation gets adjusted by your share of fault — but it is not zeroed out.
**Myth: "I don't need a lawyer — the adjuster is going to treat me fairly."**
Insurance companies are businesses measured by minimizing payouts. The initial offer is almost always lower than the actual cost of your injuries. An experienced personal injury lawyer knows the full picture of your case — including future treatment expenses and non-economic damages that carriers typically undervalue.
**Misconception: "Personal injury claims take years."**
While some cases may take extended time, most personal injury disputes in New York reach resolution within several months to a year. The timeline varies based on the complexity of the accident, the willingness of the insurance company is about negotiations, and whether litigation is required.
**Myth: "Too much time has passed after the accident — I have no options."**
New York's filing deadline for the majority of personal injury claims in New York is 36 months. But, certain special circumstances that can extend that deadline — including claims against municipalities, where demand filing notice within 90 days. When in doubt whether you still have time, contact a personal injury lawyer immediately.
**False: "Taking legal action makes me a bad person."**
Filing a claim for harm resulting from another party's negligence is exactly what the family law firm Saratoga Springs legal system was designed for — not an act of greed. Medical bills, time away from work, and chronic pain carry actual financial weight. Making drug crime attorney Saratoga the person who caused your injuries accountable is the mechanism through which the system protects people like you.
At Ianniello Chauvin, LLP, injured individuals are given straightforward counsel from the initial consultation. No inflated expectations — only a clear assessment of where your claim stands and a plan for pursuing the best possible outcome.
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