Misconceptions About Personal Injury Cases in New York 47457
Filing an injury claim is often clouded by misconceptions that often stop accident victims from filing the financial recovery they have a right to. Below are several of myths — and what actually happens underneath each one.
**Misconception: "If the accident was partly my fault, I can't sue."**
That is one of the most damaging misconceptions. New York follows a pure comparative negligence rule. What this means is you can still are found partly at fault. The compensation gets adjusted by your degree of responsibility — but it is not zeroed out.
**Misconception: "I can handle this myself — the insurance company is going to offer a fair settlement."**
Insurance companies are businesses driven by reducing what they pay out. Their opening settlement is almost always less than the actual cost of your injuries. An experienced personal injury lawyer knows the true value of your claim — including future medical costs and non-economic damages that adjusters typically minimize.
**Myth: "Personal injury cases are never-ending."**
Though complex matters can take more than a year, most personal injury claims in New York reach resolution within several months to a year. How long your case takes depends on the complexity of the accident, whether opposing counsel in negotiations, and if court involvement proves necessary.
**Misconception: "I missed my injury — it is too late."**
New York's filing deadline for standard personal injury cases in New York is 36 months. However, some exceptions that may extend that deadline — including claims against public agencies, where mandate filing notice in just 90 days. If you are unsure whether you still have time, speak with a personal injury attorney immediately.
**Misconception: "Filing a lawsuit means I am being difficult."**
Filing a claim accident lawyer Saratoga Springs for injuries caused by someone else's negligence is exactly what defense attorney near me the legal system was designed for — not an act of greed. Hospital costs, time away from work, and chronic pain impose genuine economic costs. Making the person who caused your injuries accountable is how civil law is supposed to function.
Ianniello Chauvin, LLP's team, clients get honest counsel from the very first conversation. There are no unrealistic claims — only an honest evaluation of where your claim stands and a path for moving forward.
