Misconceptions About Personal Injury Claims in New York 90913
Filing an injury claim is often clouded by myths that can prevent injured people from filing the damages they have a right to. Here are several of myths — and the reality in practice for each one.
**False: "If it was partly my fault, I can't recover anything."**
That is one of the most damaging myths. New York best personal injury attorney uses a pure comparative negligence rule. In plain terms is a claim remains viable when you are found somewhat at fault. Your award decreases by your percentage of fault — but it is not wiped away.
**Myth: "I don't need a lawyer — the insurance company will offer a fair settlement."**
Carriers are businesses driven by controlling what they pay out. The initial offer is frequently less than fair value. An experienced personal injury attorney understands the true value of your damages — including ongoing care needs and quality-of-life damages that insurance companies routinely undervalue.
**Misconception: "Personal injury cases drag on forever."**
Though complex matters may take extended time, a significant number of personal injury claims in New York settle within a reasonable timeframe. How long your case takes depends on the severity of your injuries, the willingness of the insurance company is toward negotiations, and if litigation proves necessary.
**Myth: "Too much time has passed after the accident — I have no options."**
The statute of limitations for the majority of personal injury claims in New York is 36 months. But, some special circumstances that may shorten that timeframe — for example cases involving government entities, which require a notice of claim within 90 days. If you are unsure whether your claim is still viable, speak with a personal injury attorney immediately.
**Misconception: "Filing a lawsuit means I am being difficult."**
Filing a claim for damage done by another party's negligence is your right under the law — not something to feel guilty about. Treatment expenses, time away from work, and long-term pain have real economic weight. Holding the person who caused your injuries responsible is how the system works.
The attorneys at Ianniello Chauvin, LLP, injured individuals receive straightforward answers from the very first conversation. No false promises — only an honest evaluation of what you are dealing with and a path for pursuing the best possible outcome.
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