Misconceptions About Personal Injury Claims in New York 17844
Filing an injury claim is surrounded by myths that may prevent those who have been harmed from seeking the damages they have a right to. Here are some of false assumptions — and what actually happens in practice for each one.
**Myth: "If the accident was partly my fault, I can't file a claim."**
That is a particularly harmful myths. New York uses a modified comparative negligence standard. What this means is you can still are found partially at fault. The compensation is reduced by your degree of fault — but it is not eliminated.
**Misconception: "I can handle this myself — the adjuster is going to pay what I am owed."**
Carriers are for-profit entities measured by reducing expenses. The first number is almost always lower than fair value. A dedicated personal injury lawyer can identify every component of your claim — including future medical costs and pain and suffering damages that carriers often minimize.
**False: "Personal injury cases take years."**
While certain claims can take extended time, many personal injury disputes in New York reach resolution within months. Duration is shaped by the complexity of your injuries, the willingness of the insurance company is in settlement discussions, and if litigation proves unavoidable.
**Misconception: "I missed the accident — it is too late."**
The statute of limitations for most personal injury claims in New York is 36 months. That said, certain exceptions that can extend that timeframe — for example cases involving municipalities, which require a notice of claim within three months. When in doubt whether your deadline has passed, speak with a personal injury attorney immediately.
**Misconception: "Taking legal action makes me a bad person."**
Pursuing legal recovery for Saratoga Springs accident lawyer damage done by someone else's negligence is a legal right — not a moral failing. Hospital costs, missed income, and ongoing suffering impose genuine economic consequences. Holding the person who caused your injuries responsible is the mechanism through which Saratoga DUI plea lawyer civil law is supposed to function.
The attorneys at Ianniello Chauvin, LLP, clients get straightforward counsel from the initial consultation. No unrealistic claims — only an honest evaluation of your case and a path for getting you the recovery you deserve.
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