Common Myths About Personal Injury Cases in New York 66578
Filing an injury claim is surrounded by misinformation that may discourage injured people from pursuing the damages they deserve. Below are several of misunderstandings — and the reality underneath each one.
**False: "If it was partly my fault, I cannot file a claim."**
That is a particularly harmful misconceptions. New York uses a pure comparative negligence rule. In plain terms is recovery is possible even if you were somewhat at fault. What you receive decreases by your share of contribution to the accident — but it does not get zeroed out.
**False: "Attorneys are not necessary — my insurer is going to treat me fairly."**
Insurance companies are for-profit entities focused on controlling expenses. Their first number is frequently Saratoga Springs criminal defense lower than fair value. An experienced personal injury lawyer can identify every component of your damages — including future treatment expenses and quality-of-life damages that insurance companies often ignore.
**Misconception: "Personal injury cases drag on forever."**
It is true that complex matters may take extended time, a significant number of personal injury cases in New York resolve within months. The timeline varies based on the complexity of the accident, whether the other side toward negotiations, and if court involvement proves unavoidable.
**False: "I missed my injury — I cannot do anything."**
New York's filing deadline for most personal injury lawsuits in New York is 36 months. That said, certain special circumstances that can extend that deadline — for example claims against government entities, where require filing notice within 90 days. When in doubt whether your deadline has passed, speak with a personal injury attorney as soon as possible.
**Misconception: "Suing someone means I am being difficult."**
Filing a claim for harm resulting from someone else's negligence is exactly what the legal system was designed for — not an act of greed. Medical bills, lost wages, and ongoing pain impose genuine financial costs. Holding the person who caused your injuries responsible is the mechanism through which the justice system works.
At Ianniello Chauvin, LLP, every client get straightforward guidance from day one. There are no unrealistic claims — only a realistic picture of your case and a plan for moving forward.
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