Misconceptions About Personal Injury Cases in New York 35147
Pursuing compensation after an accident is often clouded by misconceptions that may prevent accident victims from seeking the compensation they have a right to. Here are several of myths — and the truth underneath each one.
**Misconception: "If the accident was partly my fault, I can't file a claim."**
That is an especially widespread myths. New York operates under a pure comparative negligence standard. That means is you can still are found partially at fault. Your award gets adjusted by your degree of responsibility — but it is not wiped away.
**Myth: "I don't need a lawyer — the insurance company is going to offer a fair settlement."**
Insurance companies are corporations focused on reducing what they pay out. Their initial offer is almost always lower than what your case is worth. An experienced personal injury attorney knows the full picture of your case — including long-term treatment expenses and pain and suffering damages that insurance companies often undervalue.
**Myth: "Personal injury claims take years."**
While certain claims may take more than a year, many personal injury disputes in New York settle within several months to a year. Duration varies based on the nature of your case, whether opposing counsel about resolving the claim, and whether court involvement proves required.
**Misconception: "It has been too long since the accident — it is too late."**
The statute of limitations for most personal injury lawsuits in New York is three years. But, there are exceptions that may change that window — such as claims against public agencies, which mandate filing notice in just 90 days. If you are unsure whether your deadline has passed, contact a personal injury attorney as soon as possible.
**Myth: "Filing a lawsuit means I am being difficult."**
Pursuing legal criminal defense attorney recovery for damage done by another party's carelessness is a legal right — not an act of greed. Hospital costs, lost wages, and long-term suffering have real financial consequences. Making the person who caused your injuries responsible is the mechanism through which the system works.
The attorneys at Ianniello Chauvin, LLP, every client get honest answers from the initial consultation. No unrealistic claims — just an honest evaluation of your case and a plan for pursuing the best possible outcome.
