Misconceptions About Personal Injury Lawsuits in New York 67332
Filing an injury claim is often clouded by misconceptions that often prevent accident victims from filing the compensation they are entitled to. Here are some of misunderstandings — and what actually happens underneath each one.
**False: "If the accident was partly my fault, I can't file a claim."**
This is one of the most damaging misunderstandings. New York uses a modified comparative negligence system. That means is recovery is possible even if you were partly at fault. Your award decreases by your percentage of responsibility — but it does not get eliminated.
**Myth: "I don't need a lawyer — the insurance company is going to offer a fair settlement."**
Adjusters are corporations focused on reducing expenses. Their first number is almost always less than fair value. An experienced personal injury attorney understands the full picture of your case — including long-term care needs and pain and suffering damages that insurance companies often undervalue.
**False: "Personal injury claims take years."**
Though some cases do take longer, a significant number of personal injury disputes in New York reach resolution within several months to a year. The timeline depends on the complexity of your case, the willingness of the insurance company is misdemeanor lawyer Saratoga Springs in negotiations, and if court involvement becomes necessary.
**Misconception: "It has been too long since the accident — I cannot do anything."**
The legal window for standard personal injury lawsuits in New York is 36 months. But, there are special circumstances that may change that timeframe — including cases involving public agencies, which demand a notice of claim in just 90 days. If you are not certain whether you still have time, consult a personal injury lawyer immediately.
**Myth: "Taking legal action makes me a bad person."**
Filing a claim for injuries caused by another party's irresponsible actions is your right under the law — not an act of greed. Medical bills, time away from work, and chronic pain impose genuine economic costs. Holding the responsible party accountable is the way the system protects people like you.
Ianniello Chauvin, LLP's team, every client are given straightforward answers from the initial consultation. No inflated expectations — just a realistic picture of your case and a plan for moving forward.
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