Things People Get Wrong About Personal Injury Claims in New York 70737
Filing an injury claim comes with misconceptions that often stop those who have been harmed from seeking the compensation they have a right to. Here are the most common misunderstandings — and what actually happens in practice for each one.
**False: "If the accident was partly my fault, I cannot file a claim."**
This is a particularly harmful myths. New York follows a pure comparative negligence standard. In plain terms is recovery is possible even if you are found partially at fault. Your award is reduced by your degree of fault — but it does not get zeroed out.
**False: "I can handle this myself — my insurer will offer a fair settlement."**
Carriers are for-profit entities driven by controlling payouts. The opening settlement is nearly always lower than what your case is worth. A qualified personal injury attorney knows every component of your case — including future care needs and quality-of-life damages that insurance companies often ignore.
**Misconception: "Personal injury lawsuits are never-ending."**
Though complex matters may take more than a year, many personal injury claims in New York settle within a reasonable timeframe. Duration varies based on the nature of your injuries, whether the other side about resolving the claim, and whether court involvement is unavoidable.
**Misconception: "I missed my injury — it is too late."**
The legal window for standard personal injury cases in New York is 36 months. That said, certain special circumstances that may shorten that deadline — including claims against government entities, which mandate an initial filing in just 90 days. If you are unsure whether your deadline has passed, consult a personal injury attorney immediately.
**Misconception: "Taking legal action makes me a bad person."**
Pursuing legal recovery for damage done by law firm Saratoga Springs someone else's negligence is your right under the law — not something to feel guilty about. Medical bills, lost wages, and chronic suffering carry actual monetary weight. Holding the responsible party accountable is the mechanism through which civil law is supposed to function.
The attorneys at Ianniello Chauvin, LLP, clients receive straightforward guidance from the initial consultation. There are no false promises — just a realistic picture of what you are dealing with and a strategy for getting you the recovery you deserve.
Areas We Serve Near Saratoga Springs
Proudly serving clients near:
