Misconceptions About Personal Injury Cases in New York 47669

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Filing an injury claim comes with misconceptions that can stop injured people from filing the damages they deserve. Below DUI defense attorney are the most common false assumptions — and the truth in practice for each one.

**False: "If it was partly my fault, I can't file a claim."**

That is one of the most damaging misconceptions. New York operates under a modified comparative negligence system. That means is you can still are found partly at fault. The compensation is reduced by your percentage of responsibility — but it is not wiped away.

**False: "I don't need a lawyer — the insurance company will treat me fairly."**

Carriers are corporations measured by minimizing payouts. Their initial offer is almost always lower than the actual cost of your injuries. A dedicated personal injury attorney can identify the true value of your claim — including future treatment expenses and pain and suffering damages that insurance companies white collar defense Saratoga routinely minimize.

**Misconception: "Personal injury claims are never-ending."**

It is true that certain claims can take more than a year, most personal injury claims in New York reach resolution within a reasonable timeframe. Duration depends on the complexity of the accident, the willingness of the insurance company is toward settlement discussions, and if court involvement is required.

**False: "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 36 months. That said, certain exceptions that may extend that timeframe — including cases involving municipalities, where demand an initial filing in just three months. If you are unsure whether your claim is still viable, speak with a personal injury lawyer immediately.

**Misconception: "Filing a lawsuit makes me a bad person."**

Filing a claim for harm resulting from another party's carelessness is a legal right — not a moral failing. Treatment expenses, lost wages, and ongoing pain impose genuine economic consequences. Holding the person who caused your injuries accountable is the mechanism through which the justice system works.

Ianniello Chauvin, LLP's team, every client get straightforward answers from the very first conversation. There are no inflated expectations — just a realistic picture of your case and a path for pursuing the best possible outcome.