Things People Get Wrong About Personal Injury Cases in New York 53375
Filing an injury claim comes with misinformation that can stop injured people from pursuing the financial recovery they are entitled to. Here are the most common false assumptions — and what actually happens behind each one.
**Misconception: "If the accident was partly my fault, I cannot recover anything."**
That is an especially widespread myths. New York uses a pure comparative negligence rule. In plain terms is recovery is possible even if you were partially at fault. The compensation decreases by your degree of responsibility — but it is not wiped away.
**Misconception: "Attorneys are not necessary — my insurer is going to pay what I am owed."**
Carriers are corporations focused on minimizing payouts. Their first number is frequently below what your case is worth. A drunk driving lawyer Saratoga dedicated personal injury attorney understands every component of your claim — including long-term care needs and non-economic damages that adjusters typically undervalue.
**Myth: "Personal injury lawsuits are never-ending."**
While certain claims can take extended time, a significant number of personal injury disputes in New York resolve within several months to a year. Duration varies based on the nature of your injuries, the willingness of the other side about settlement discussions, and whether a trial proves necessary.
**False: "Too much time has passed after my injury — it is too late."**
The statute of limitations for standard personal injury lawsuits in New York is 36 months. That said, certain exceptions that may extend that timeframe — for example claims against government entities, which demand an initial filing in just three months. If you are not certain whether your claim is still viable, contact a personal injury lawyer as soon as possible.
**False: "Filing a lawsuit makes me a bad person."**
Filing a claim for harm resulting from another party's negligence is a legal right — not something to feel guilty about. Treatment expenses, time away from work, and long-term suffering carry actual financial consequences. Making the at-fault individual accountable is the mechanism through which the system is supposed to function.
Ianniello Chauvin, LLP's team, injured individuals are given honest guidance from the initial consultation. There are no false promises — just a clear assessment of what you are dealing with and a strategy for pursuing the best possible outcome.
