Misconceptions About Personal Injury Claims in New York 86401
Pursuing compensation after an accident comes with misconceptions that can stop injured people from filing the damages they have a right to. Here are some of myths — and the truth behind each one.
**Misconception: "If it was partly my fault, I can't sue."**
That is one of the most damaging misconceptions. New York operates under a modified comparative negligence system. In plain terms is recovery is possible even if you were partially at fault. What you receive decreases by your share of responsibility — but it is not wiped away.
**Misconception: "Attorneys are not necessary — the adjuster is going to pay what I am owed."**
Carriers are for-profit entities driven by minimizing expenses. Their opening settlement is frequently below what your case is worth. An experienced personal injury attorney knows the full picture of your damages — including long-term care needs and non-economic damages that carriers typically ignore.
**Myth: "Personal injury cases drag on forever."**
While certain claims can take longer, most personal injury disputes in New York resolve within several months to a year. The timeline is experienced Saratoga attorneys shaped by the complexity of your injuries, the willingness of the insurance company is in settlement discussions, and whether court involvement proves unavoidable.
**False: "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 situations that may change that timeframe — for example cases involving public agencies, where mandate a notice of claim within 90 days. If you are not certain whether your claim is still viable, best criminal defense attorney contact a personal injury lawyer immediately.
**False: "Filing a lawsuit makes me a bad person."**
Filing a claim for injuries caused by another party's carelessness is your right under the law — not a moral failing. Treatment expenses, missed income, and chronic pain impose genuine monetary costs. Making the at-fault individual accountable is how the justice system works.
At Ianniello Chauvin, LLP, clients get honest answers from the initial consultation. There are no false promises — only an honest evaluation of where your claim stands and a path for getting you the recovery you deserve.
