Misconceptions About Personal Injury Claims in New York 43118
Pursuing compensation after an accident comes with myths that may prevent injured people from pursuing the financial recovery they deserve. Let us address some of misunderstandings — and the reality underneath each one.
**Myth: "If it was partly my fault, I cannot file a claim."**
This is one of the most damaging misconceptions. New York follows a modified comparative negligence rule. In plain terms is recovery is possible even moving violation attorney Saratoga Springs if you are found partially at fault. What you receive decreases by your share of fault — but it is not wiped away.
**Misconception: "Attorneys are not necessary — my insurer is going to treat me fairly."**
Adjusters are businesses measured by minimizing expenses. The opening settlement is nearly always below what your case is worth. An experienced personal injury attorney can identify the true value of your damages — including long-term medical costs and pain and suffering damages that insurance companies typically undervalue.
**Myth: "Personal injury claims are never-ending."**
While complex matters may take longer, many personal injury claims in New York resolve within a reasonable timeframe. The timeline depends on the complexity of the accident, whether the insurance DUI attorney company is in resolving the claim, and if court involvement is necessary.
**False: "Too much time has passed after my injury — I cannot do anything."**
New York's filing deadline for most personal injury lawsuits in New York is three years. That said, certain exceptions that can shorten that deadline — including cases involving government entities, where demand an initial filing in just 90 days. If you are not certain whether you still have time, speak with a personal injury lawyer immediately.
**Myth: "Taking legal action makes me a bad person."**
Seeking compensation for harm resulting from another party's irresponsible actions is exactly what the legal system was designed for — not an act of greed. Treatment expenses, lost wages, and long-term pain have real financial consequences. Holding the at-fault individual accountable is the way the justice system is supposed to function.
At Ianniello Chauvin, LLP, every client are given honest answers from day one. There are no unrealistic claims — only a realistic picture of your case and a strategy for getting you the recovery you deserve.
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