Common Myths About Personal Injury Cases in New York 92553
Filing an injury claim is often clouded by myths that can discourage injured people from seeking the compensation they are entitled to. Below are several of misunderstandings — and the reality underneath each one.
**False: "If it was partly my fault, I can't file a claim."**
That is one of the most damaging misconceptions. New York follows a modified comparative negligence system. That means is a claim remains viable when you were partially at fault. What you receive gets adjusted by your percentage of fault — but it is not zeroed out.
**Misconception: "Attorneys are not necessary — the insurance company will offer a fair settlement."**
Adjusters are for-profit entities measured by reducing expenses. Their opening settlement is frequently less than the actual cost of your injuries. A qualified personal injury lawyer understands the true value of your damages — including ongoing care needs and non-economic damages that adjusters routinely undervalue.
**False: "Personal injury cases drag on forever."**
It is true that certain claims do take more than a year, many personal injury cases in New York resolve within months. Duration is shaped by the complexity of the accident, how cooperative the other side about negotiations, and if a trial becomes necessary.
**Myth: "Too much time has passed after my injury — I cannot do anything."**
New York's filing deadline for the majority of personal injury lawsuits in personal injury attorney New York is 36 months. But, certain special circumstances that may shorten that timeframe — including cases involving municipalities, where mandate filing notice within 90 days. If you are not certain whether your claim is still viable, consult a personal injury attorney as soon as possible.
**Misconception: "Suing someone means I am being difficult."**
Pursuing legal recovery for harm resulting from someone else's negligence is exactly what the legal system was designed for — not an act of greed. Treatment expenses, missed income, and chronic pain impose genuine economic weight. Holding the person who caused your injuries responsible is the way civil law works.
At Ianniello Chauvin, LLP, clients receive direct guidance from day one. No unrealistic claims — just a clear assessment of your case and a path for getting you the recovery DWI lawyer Saratoga Springs you deserve.
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