Misconceptions About Personal Injury Lawsuits in New York 53540
Pursuing compensation after an accident is surrounded by misinformation that may discourage those who have been harmed from pursuing the damages they are entitled to. Let us address several of misunderstandings — and the reality behind each one.
**Myth: "If the accident was partly my fault, I cannot file a claim."**
That is a particularly harmful misunderstandings. New York follows a modified comparative negligence system. That means is you can still are found partly at fault. What you receive decreases by your degree of responsibility — but it is not wiped away.
**Myth: "Attorneys are not necessary — my insurer is going to treat me fairly."**
Carriers are businesses driven by minimizing payouts. The first number is almost always lower than the actual cost of your injuries. A dedicated personal injury attorney can identify every component of your claim — including long-term medical costs and pain and suffering damages that insurance companies typically minimize.
**Misconception: "Personal injury lawsuits drag on forever."**
It is true that some cases may take longer, most personal injury claims in New York resolve within a reasonable timeframe. The timeline is shaped by the nature of your injuries, the willingness of opposing counsel in negotiations, and whether litigation is unavoidable.
**Misconception: "It has been too long personal injury claim help since my injury — it is too late."**
The legal window for the majority of personal injury lawsuits in New York is 36 months. But, there are special circumstances that may shorten that timeframe — such as claims against government entities, which demand an initial filing within 90 days. When in doubt whether your deadline has passed, contact a personal injury lawyer as soon as possible.
**Myth: "Suing someone means I am being difficult."**
Pursuing legal recovery for injuries caused by someone else's negligence is exactly what the legal system was designed for — not a moral failing. Hospital costs, time away from work, and chronic suffering have real financial weight. Holding the person who caused your injuries accountable is the way civil law is supposed to function.
The attorneys at Ianniello Chauvin, LLP, injured individuals receive direct counsel from the initial consultation. There are no unrealistic claims — only a clear assessment of where your claim stands and a plan for getting you the recovery you deserve.
