Common Myths About Personal Injury Claims in New York 76082
Personal injury law is often clouded by myths that often prevent accident victims from pursuing the compensation they are entitled to. Here are some of myths — and the reality in practice for each one.
**False: "If the accident was partly my fault, I can't sue."**
This is an especially speeding ticket lawyer widespread misconceptions. New York operates under a pure comparative negligence system. In plain terms is you can still are found somewhat at fault. Your award decreases by your share of responsibility — but it is not wiped away.
**False: "I don't need a lawyer — my insurer is going to offer a fair settlement."**
Adjusters are for-profit entities focused on minimizing what they pay out. Their opening settlement is almost always lower than what your case is worth. An experienced personal injury lawyer can identify the full picture of your damages — including long-term care needs and non-economic damages that insurance companies routinely ignore.
**Misconception: "Personal injury lawsuits are never-ending."**
Though certain claims do take extended time, a significant number of personal injury claims in New York resolve within a reasonable timeframe. Duration is shaped by the nature of your case, the willingness of the other side toward settlement discussions, and whether litigation is unavoidable.
**False: "It has been too long since my injury — it is too late."**
The statute of limitations for standard personal injury lawsuits in New York is three years. However, certain special circumstances that may extend that deadline — such as cases involving municipalities, where require a notice of claim in just 90 days. If you are unsure whether you still have time, contact a personal injury lawyer without delay.
**False: "Taking legal action makes me a bad person."**
Seeking compensation for harm resulting from another party's negligence is your right under the law — not something to feel guilty about. Treatment expenses, time away from work, and ongoing physical limitations impose genuine monetary costs. Holding the responsible party accountable is the mechanism through which the justice system works.
At Ianniello Chauvin, LLP, clients get direct guidance from the very first conversation. No inflated expectations — only an honest evaluation of where your claim stands and a strategy for moving forward.
Areas We Serve Near Saratoga Springs
Proudly serving clients near:
