Things People Get Wrong About Personal Injury Claims in New York 27492
Pursuing compensation after an accident comes with misinformation that may discourage injured people from seeking the compensation they deserve. Here are some of myths — and the truth in practice for each one.
**False: "If the accident was partly my fault, I can't recover anything."**
This is one of the most damaging myths. New York follows a modified comparative negligence rule. In plain terms is recovery is possible even if you were somewhat at fault. Your award decreases by your share of contribution to the accident — but it is not zeroed out.
**Myth: "Attorneys are not necessary — my insurer is going to treat me fairly."**
Insurance companies are businesses measured by reducing payouts. The initial offer is frequently less than fair value. A qualified personal injury lawyer understands the full picture of your case — including future medical costs and quality-of-life damages that adjusters typically minimize.
**False: "Personal injury claims drag on forever."**
Though some cases may take longer, a significant number of personal injury claims in New York settle within months. Duration depends on the complexity of your case, the willingness of opposing counsel in negotiations, and if a trial proves unavoidable.
**Myth: "It has been too long since the accident — I have no options."**
The statute of limitations for most personal injury lawsuits in New York is three years. But, there are exceptions that may extend that deadline — for example claims against municipalities, which demand an initial filing within 90 days. If you are unsure whether your claim is still viable, consult a personal injury attorney immediately.
**Misconception: "Taking legal action makes me a bad person."**
Seeking compensation for harm resulting from another party's irresponsible actions is your right under the law — not an act of greed. Medical bills, missed income, and chronic suffering have real monetary consequences. Holding the responsible party responsible is the way the justice system works.
At Ianniello Chauvin, LLP, clients get direct counsel from the initial consultation. There are no unrealistic claims — only a realistic picture of what you are dealing with and a strategy for pursuing car accident lawyer Saratoga Springs the best possible outcome.
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