Common Myths About Personal Injury Cases in New York 87341
Filing an injury claim is surrounded by misinformation that may discourage injured people from filing the damages they have a right to. Here are the most common myths — and what actually happens in practice for each one.
**False: "If the accident was partly my fault, I can't recover anything."**
This is a particularly harmful myths. New York operates under a modified comparative negligence standard. That means is recovery is possible even if you were somewhat at fault. The compensation gets adjusted by your percentage of fault — but it is not eliminated.
**Misconception: "I don't need a lawyer — the adjuster is going to treat me fairly."**
Carriers are for-profit entities measured by controlling payouts. Their opening settlement is frequently lower than what your case is worth. A dedicated personal injury lawyer understands the traffic violation attorney true value of your damages — including ongoing medical costs and quality-of-life damages that adjusters routinely undervalue.
**Myth: "Personal injury claims drag on forever."**
While some cases do take extended time, a significant number of personal injury disputes in New York settle within a reasonable timeframe. How long your case takes varies based on the nature of the accident, the willingness of the insurance company is toward negotiations, and whether a trial is necessary.
**False: "Too much time has passed after my injury — I cannot do anything."**
The statute of limitations for the majority of personal injury cases in New York is 36 months. But, some special circumstances that can change that timeframe — including claims against public agencies, which mandate filing notice in just three months. If you are not certain whether your deadline has passed, consult a personal injury lawyer as soon as possible.
**Misconception: "Taking legal action is greedy."**
Seeking compensation for damage done by someone else's negligence is your right under the law — not something to feel guilty about. Hospital costs, lost wages, and chronic physical limitations carry actual financial weight. Making the person who caused your injuries responsible is the way the justice system is supposed to function.
At Ianniello Chauvin, LLP, injured individuals get direct counsel from day one. No inflated expectations — only a realistic picture of what you are dealing with and a path for pursuing the best possible outcome.
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