Misconceptions About Personal Injury Cases in New York 55792
Filing an injury claim is often clouded by misinformation that may discourage accident victims from seeking the financial recovery they have a right to. Below are several of false assumptions — and the truth underneath each one.
**Myth: "If the car accident lawyer Saratoga Springs accident was partly my fault, I cannot file a claim."**
This is one of the most damaging misconceptions. New York operates under a modified comparative negligence rule. In plain terms is a claim remains viable when you were partially at fault. The compensation is reduced by your percentage of contribution to the accident — but it is not eliminated.
**False: "I don't need a lawyer — the insurance company will offer a fair settlement."**
Insurance companies are corporations focused on controlling what they pay out. Their first number is almost always below what your case is worth. An experienced personal injury attorney knows the full picture of your case — including future treatment expenses and quality-of-life damages that adjusters often undervalue.
**Myth: "Personal injury claims take years."**
Though complex matters may take longer, a significant number of personal injury claims in New York reach resolution within a reasonable timeframe. The timeline varies based on the complexity of the accident, the willingness of the insurance company is toward negotiations, and if a trial becomes required.
**Myth: "I missed my injury — it is too late."**
The legal window for most personal injury claims in New York is three years. However, certain exceptions that can extend that timeframe — including claims against public agencies, which require an initial filing in just 90 days. When in doubt whether your claim is still viable, contact a personal injury attorney as soon as possible.
**Misconception: "Suing someone means I am being difficult."**
Pursuing legal recovery for harm resulting from another party's carelessness is a legal right — not a moral failing. Treatment expenses, missed income, and long-term pain impose genuine financial costs. Holding the person who caused your injuries responsible is how the system protects people like you.
At Ianniello Chauvin, LLP, clients are given honest counsel from the initial consultation. No inflated expectations — only an honest evaluation of where your claim stands and a strategy for moving forward.
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