Misconceptions About Personal Injury Claims in New York 67052
Filing an injury claim comes with myths that may stop accident victims from pursuing the financial recovery they deserve. Let us address some of misunderstandings — and what actually happens behind each one.
**False: "If it was partly my fault, I cannot file a claim."**
That is a particularly harmful myths. New York uses a modified comparative negligence rule. That means is a claim remains viable when you were partially at fault. The compensation decreases by your degree of contribution to the accident — but it is not zeroed out.
**False: "I can handle this myself — my insurer will treat me fairly."**
Adjusters are for-profit entities focused on controlling expenses. The opening settlement is nearly always lower than the actual cost of your injuries. An experienced personal injury lawyer can identify the true value of your damages — including ongoing treatment expenses and pain and suffering damages that carriers often ignore.
**Misconception: "Personal injury claims are never-ending."**
Though complex matters do take more than a year, many personal injury claims in New York resolve within several months to a year. Duration is shaped by the severity of your case, how cooperative opposing counsel in settlement discussions, and whether court involvement is unavoidable.
**Misconception: "Too much time has passed after the accident — I cannot do anything."**
New York's filing deadline for most personal injury cases in New York is 36 months. That said, there are special circumstances that can change that timeframe — such as claims against government entities, where require filing notice within three months. When in doubt whether your deadline has passed, speak with a personal injury attorney immediately.
**Misconception: "Filing a lawsuit makes me a bad person."**
Filing a claim for injuries caused by another party's negligence is exactly what the legal system was designed for — not a moral failing. Treatment expenses, missed income, and long-term pain personal injury lawyer saratoga springs carry actual economic consequences. Holding the person who caused your injuries responsible is how the justice system is supposed to function.
Ianniello Chauvin, LLP's team, injured individuals receive honest guidance from the very first conversation. No inflated expectations — only a realistic picture of where your claim stands and a plan for pursuing the best possible outcome.
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