Things People Get Wrong About Personal Injury Lawsuits in New York 26297
Personal injury law is surrounded by misinformation that can discourage those who have been harmed from pursuing the compensation they deserve. Here are several of misunderstandings — and what actually happens in practice for each one.
**Myth: "If the accident was partly my fault, I can't sue."**
This is a particularly harmful myths. New York operates under a modified comparative negligence standard. What this means is recovery is possible even if you are found partially at fault. What you receive is reduced by your percentage of fault — but it is not eliminated.
**Misconception: "I can handle this myself — the insurance company is going to offer a fair settlement."**
Adjusters are corporations driven by reducing what they pay out. The opening settlement is almost always less than what your case is worth. An experienced personal injury lawyer can identify the full picture of your claim — including long-term treatment expenses and quality-of-life damages that carriers typically undervalue.
**Myth: "Personal injury lawsuits take years."**
While complex matters may take extended time, many personal injury disputes in New York reach resolution within several months to a year. How long your case takes varies based on the severity of your injuries, how cooperative the other side toward negotiations, and whether litigation becomes necessary.
**Myth: "I missed the accident — I cannot do anything."**
The statute of limitations for most personal injury cases in New York is three years. But, certain situations that may shorten that deadline — including claims against public agencies, where require an initial filing in just 90 days. If you are not certain whether your claim is still viable, speak criminal defense lawyer with a personal injury lawyer without delay.
**Misconception: "Suing someone makes me a bad person."**
Pursuing legal recovery for damage done by someone else's negligence is your right under the law — not an act of greed. Hospital costs, time away from work, and ongoing physical limitations impose genuine monetary costs. Making the person who caused your injuries responsible is the mechanism through which civil law is supposed to function.
Ianniello Chauvin, LLP's team, injured individuals receive straightforward guidance from the initial consultation. No false promises — just a realistic picture of your case and a strategy for moving forward.
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