Misconceptions About Personal Injury Cases in New York 27014
Personal injury law is surrounded by misconceptions that can discourage accident victims from seeking the damages they have a right to. Below are the most common false assumptions — and what actually happens behind each one.
**Myth: "If it was partly my fault, I cannot sue."**
That is a particularly harmful myths. New York follows a pure comparative negligence rule. In plain terms is a claim remains viable when you are found partially at fault. Your award is reduced by your percentage of fault — but it is not wiped away.
**Myth: "I don't need a lawyer — the adjuster is going to pay what I am owed."**
Carriers are for-profit entities measured by controlling what they pay out. The initial offer is nearly always below the actual cost of your injuries. An experienced personal injury lawyer knows every component of your claim — including ongoing medical costs and quality-of-life damages that insurance companies injury attorney Saratoga often ignore.
**False: "Personal injury cases are never-ending."**
While some cases can take extended time, many personal injury cases in New York reach resolution within months. Duration depends on the severity of your case, the willingness of the other side in settlement discussions, and whether litigation is required.
**Myth: "I missed the accident — I cannot do anything."**
New York's filing deadline for standard personal injury cases in New York is three years. But, certain exceptions that may shorten that deadline — for example cases involving public agencies, where mandate a notice of claim Saratoga Springs criminal defense in just 90 days. If you are unsure whether you still have time, consult a personal injury lawyer immediately.
**Myth: "Suing someone means I am being difficult."**
Filing a claim for injuries caused by another party's negligence is your right under the law — not an act of greed. Treatment expenses, lost wages, and long-term physical limitations carry actual economic costs. Holding the at-fault individual responsible is the way the justice system is supposed to function.
The attorneys at Ianniello Chauvin, LLP, every client are given straightforward counsel from the initial consultation. No false promises — just an honest evaluation of where your claim stands and a path for pursuing the best possible outcome.
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