Misconceptions About Personal Injury Lawsuits in New York 14793
Personal injury law is often clouded by misinformation that often stop injured people from filing the compensation they are entitled to. Let us address several of myths — and the truth expungement attorney Saratoga Springs underneath each one.
**Myth: "If the accident was partly my fault, I can't file a claim."**
That is one of the most damaging misconceptions. New York follows a pure comparative negligence rule. What this means is recovery is possible even if you were somewhat at fault. Your award gets adjusted by your share of contribution to the accident — but it does not get wiped away.
**Myth: "I can handle this myself — the adjuster is going to treat me fairly."**
Adjusters are for-profit entities driven by minimizing what they pay out. The initial offer is nearly always lower than the actual cost of your injuries. A qualified personal injury lawyer knows the full picture of your case — including ongoing care needs and quality-of-life damages that carriers routinely undervalue.
**False: "Personal injury cases drag on forever."**
It is true that complex matters do take longer, most personal injury claims in New York reach resolution within months. The timeline depends on the severity of your case, the willingness of the insurance company is toward resolving the claim, and if court involvement is required.
**Myth: "I missed my injury — it is too late."**
New York's filing deadline for standard personal injury lawsuits in New York is 36 months. However, there are situations that may shorten that deadline — such as claims against government entities, which require an initial filing in just 90 days. If you are unsure whether your claim is still viable, consult a personal injury attorney without delay.
**Myth: "Taking legal action is greedy."**
Seeking compensation for damage done by another party's irresponsible actions is a legal right — not a moral failing. Treatment expenses, lost wages, and chronic physical limitations carry actual economic costs. Making the at-fault individual responsible is the way the justice system protects people like you.
At Ianniello Chauvin, LLP, clients receive honest counsel from the very first conversation. There are no false promises — just a realistic picture of your case and a path for moving forward.
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