Common Myths About Personal Injury Cases in New York 44514
Filing an injury claim is surrounded by misconceptions that can prevent those who have been harmed from filing the financial recovery they are entitled to. out of state ticket defense Saratoga Below are the most common myths — and the truth in practice for each one.
**Misconception: "If the accident was partly my fault, I cannot sue."**
This is an especially widespread myths. New York uses a pure comparative negligence system. What this means is you can still were partially at fault. The compensation aggressive DUI lawyer Saratoga Springs is reduced by your share of contribution to the accident — but it is not zeroed out.
**False: "I don't need a lawyer — the adjuster is going to offer a fair settlement."**
Adjusters are businesses focused on controlling what they pay out. The first number is almost always lower than fair value. An experienced personal injury lawyer can identify the true value of your claim — including future treatment expenses and quality-of-life damages that carriers often minimize.
**False: "Personal injury cases take years."**
Though complex matters do take extended time, most personal injury disputes in New York settle within a reasonable timeframe. The timeline depends on the severity of the accident, the willingness of the other side toward settlement discussions, and if a trial is required.
**False: "It has been too long since the accident — it is too late."**
The legal window for the majority of personal injury claims in New York is 36 months. That said, some situations that can shorten that window — including claims against government entities, which mandate a notice of claim within 90 days. If you are unsure whether your claim is still viable, consult a personal injury attorney immediately.
**False: "Filing a lawsuit means I am being difficult."**
Pursuing legal recovery for harm resulting from someone else's negligence is your right under the law — not an act of greed. Treatment expenses, time away from work, and long-term suffering carry actual financial costs. Making the at-fault individual responsible is how the system is supposed to function.
At Ianniello Chauvin, LLP, clients receive straightforward counsel from the initial consultation. No false promises — just a clear assessment of what you are dealing with and a strategy for pursuing the best possible outcome.
