Misconceptions About Personal Injury Lawsuits in New York 12506
Pursuing compensation after an accident is surrounded by misinformation that may stop injured people from filing the compensation they have a right to. DUI defense attorney Below are several of false assumptions — and what actually happens underneath each one.
**False: "If it was partly my fault, I cannot sue."**
That is a particularly harmful misunderstandings. New York uses a pure comparative negligence rule. That means is recovery is possible even if you are found partly at fault. What you receive decreases by your degree of contribution to the accident — but it does not get zeroed out.
**Myth: "I don't need a lawyer — the adjuster will pay what I am owed."**
Adjusters are for-profit entities focused on reducing what they pay out. Their first number is frequently less than what your case is worth. An experienced personal injury attorney knows the true value of your damages — including long-term care needs and non-economic damages that insurance companies typically ignore.
**Myth: "Personal injury cases drag on forever."**
While complex matters personal injury law firm Saratoga Springs do take more than a year, a significant number of personal injury disputes in New York settle within a reasonable timeframe. How long your case takes varies based on the nature of your case, the willingness of the other side in negotiations, and if a trial becomes necessary.
**Misconception: "It has been too long since my injury — I cannot do anything."**
The statute of limitations for most personal injury claims in New York is 36 months. However, there are special circumstances that may change that window — such as cases involving public agencies, which mandate a notice of claim in just 90 days. When in doubt whether your claim is still viable, contact a personal injury lawyer immediately.
**Misconception: "Taking legal action makes me a bad person."**
Pursuing legal recovery for damage done by someone else's carelessness is your right under the law — not traffic citation lawyer Saratoga an act of greed. Hospital costs, missed income, and ongoing physical limitations impose genuine economic weight. Holding the at-fault individual accountable is how civil law works.
The attorneys at Ianniello Chauvin, LLP, every client are given straightforward counsel from the initial consultation. No inflated expectations — only an honest evaluation of your case and a strategy for getting you the recovery you deserve.
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