Common Myths About Personal Injury Claims in New York 62036
Personal injury law is often clouded by misconceptions that can discourage those who have been harmed from filing the damages they are entitled to. Let us address several of false assumptions — and the reality behind each one.
**False: "If the accident was partly my fault, I cannot file a claim."**
That is a particularly harmful misunderstandings. New York operates under a modified comparative negligence standard. In plain terms is recovery is possible even if you are found partly aggressive DUI lawyer Saratoga Springs at fault. Your award gets adjusted by your percentage of fault — but it does not get eliminated.
**Misconception: "I don't need a lawyer — the adjuster will offer a fair settlement."**
Carriers are for-profit entities measured by controlling payouts. The opening settlement is almost always below fair value. A qualified personal injury attorney can identify every component of your case — including long-term treatment expenses and non-economic damages that carriers typically undervalue.
**Myth: "Personal injury cases drag on forever."**
While some cases can take longer, a significant number of personal injury claims in New traffic lawyer Saratoga Springs York reach resolution within a reasonable timeframe. Duration depends on the nature of the accident, how cooperative the insurance company is in settlement discussions, and whether a trial is unavoidable.
**Myth: "It has been too long since the accident — it is too late."**
The statute of limitations for standard personal injury cases in New York is three years. That said, there are exceptions that may change that window — such as cases involving public agencies, which require an initial filing in just three months. If you are not certain whether your claim is still viable, contact a personal injury attorney immediately.
**False: "Suing someone means I am being difficult."**
Seeking compensation for harm resulting from someone else's negligence is exactly what the legal system was designed for — not a moral failing. Treatment expenses, missed income, and chronic suffering have real monetary costs. Holding the responsible party responsible is how the justice system works.
The attorneys at Ianniello Chauvin, LLP, clients receive direct counsel from the very first conversation. No false promises — just a clear assessment of where your claim stands and a strategy for moving forward.
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