Common Myths About Personal Injury Claims in New York 46783
Filing an injury claim is surrounded by myths that often stop accident victims from seeking the compensation they have a right to. Let us address several of myths — and what actually happens underneath each one.
**Myth: "If the accident was partly my fault, I can't sue."**
That is a particularly harmful misconceptions. New York follows a modified comparative negligence system. That means is you can still are found partly at fault. The compensation decreases by your percentage of contribution to the accident — but it is not wiped away.
**False: "I can handle this myself — the adjuster will pay what I Saratoga Springs attorneys am owed."**
Carriers are for-profit entities driven by controlling payouts. The opening settlement is nearly always lower than the actual cost of your injuries. A qualified personal injury attorney understands every component of your case — including ongoing medical costs and quality-of-life damages that carriers typically ignore.
**False: "Personal injury cases are never-ending."**
Though complex matters can take more than a year, many personal injury disputes in New York settle within several months to a year. How long your case takes depends on the nature of your injuries, whether opposing counsel in negotiations, and whether litigation proves required.
**Myth: "It has been too long since my injury — it is too late."**
The legal window for the majority of personal injury claims in New York is 36 months. However, certain special circumstances that can shorten that deadline — for example cases involving government entities, which demand an initial filing in just 90 days. When in doubt whether you still have time, consult a personal injury lawyer as soon as possible.
**False: "Filing a lawsuit makes me a bad person."**
Pursuing legal recovery for harm resulting from someone else's carelessness is your right under the law — not a moral failing. Treatment expenses, lost wages, and long-term suffering impose genuine financial consequences. Making the at-fault individual accountable is the way the justice system is supposed to function.
At Ianniello Chauvin, LLP, injured individuals get straightforward answers from day one. No unrealistic claims — only a clear assessment of what you are dealing with and a plan for moving forward.
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