Common Myths About Personal Injury Claims in New York 29143
Filing an injury claim is often clouded by myths that can discourage accident victims from seeking the damages they have a right to. Let us address several of myths — and what actually happens in practice for each one.
**Myth: "If it was partly my fault, I can't sue."**
That is one of the most damaging misunderstandings. New York uses a pure comparative negligence Saratoga DUI plea lawyer standard. What this means is a claim remains viable when you are found partly at fault. The compensation gets adjusted by your share of fault — but it does not get eliminated.
**Myth: "I don't need a lawyer — the adjuster will pay what I am owed."**
Adjusters are businesses measured by controlling expenses. Their first number is almost always lower than what your case is worth. An experienced personal injury lawyer understands the true value of your claim — including ongoing medical costs and quality-of-life damages that adjusters typically minimize.
**Misconception: "Personal injury claims take years."**
While complex matters can take more than a year, a significant number of personal injury claims in New York resolve within several months to a year. The timeline depends on the severity of your case, whether opposing counsel toward resolving the claim, and if litigation proves necessary.
**Myth: "I missed the accident — I have no options."**
The statute of limitations for most personal injury cases in New York is three years. But, some exceptions that can shorten that deadline — Saratoga Springs personal injury for example claims against public agencies, which mandate filing notice within three months. When in doubt whether your deadline has passed, contact a personal injury attorney immediately.
**False: "Taking legal action 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. Hospital costs, time away from work, and chronic pain have real economic weight. Holding the person who caused your injuries accountable is how the system is supposed to function.
At Ianniello Chauvin, LLP, every client are given honest answers from the initial consultation. There are no false promises — only a clear assessment of what you are dealing with and a plan for getting you the recovery you deserve.
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