Common Myths About Personal Injury Lawsuits in New York 89269
Filing an injury claim is often clouded by misconceptions that may discourage those who have been harmed from seeking the compensation they deserve. Let us address several of misunderstandings — and what actually happens in practice for each one.
**False: "If the accident was partly my fault, I cannot recover anything."**
That is one of the most damaging myths. New York operates under a pure comparative negligence rule. In plain terms is recovery is possible even if you are found partly at fault. The compensation decreases by your share of responsibility — but it does not get zeroed out.
**Misconception: "Attorneys are not necessary — the adjuster will pay what I am owed."**
Insurance companies are corporations focused on minimizing payouts. The initial offer is frequently lower than the actual cost of your injuries. An experienced personal injury attorney knows the full picture of your damages — including future care needs and non-economic damages that insurance companies typically minimize.
**Myth: "Personal injury claims drag on forever."**
It is true that certain claims do take extended time, a significant number of personal injury disputes in New York settle within a reasonable timeframe. The timeline is shaped by the severity of the accident, how cooperative opposing counsel in negotiations, and whether litigation is required.
**Misconception: "Too much time has passed after my injury — it is too late."**
The statute of limitations for most personal injury lawsuits in New York is 36 months. However, certain special circumstances that may change that window — including cases involving government entities, where mandate filing notice in just three months. If you are unsure whether your first time DUI defense Saratoga claim is still viable, consult a personal injury lawyer as soon as possible.
**False: "Filing a lawsuit is greedy."**
Filing a claim 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 long-term physical limitations carry actual monetary consequences. Holding the at-fault individual accountable is how civil law works.
The attorneys at Ianniello Chauvin, LLP, injured individuals are given direct guidance from the initial consultation. No false promises — only a realistic picture of your case and a plan for getting you the recovery you deserve.
