Misconceptions About Personal Injury Lawsuits in New York 79467
Pursuing compensation after an accident is surrounded by myths that may prevent those who have been harmed from pursuing the financial recovery they have a right to. Here are some of misunderstandings — and the reality in practice for each one.
**False: "If it was partly my fault, I cannot file a claim."**
That is one of the most damaging myths. New York operates under a modified comparative negligence rule. That means is a claim remains viable when you were partially at fault. Your award gets adjusted by your percentage of fault — but it is not zeroed out.
**Misconception: "I can full-service law firm Saratoga handle this myself — the adjuster will offer a fair settlement."**
Carriers are for-profit entities measured by reducing Saratoga Springs personal injury what they pay out. The opening settlement is almost always below the actual cost of your injuries. A dedicated personal criminal defense attorney injury attorney knows the true value of your case — including future care needs and pain and suffering damages that carriers often minimize.
**Misconception: "Personal injury claims are never-ending."**
Though certain claims can take longer, most personal injury claims in New York settle within several months to a year. Duration is shaped by the severity of the accident, whether the other side in settlement discussions, and if court involvement is unavoidable.
**Misconception: "It has been too long since my injury — it is too late."**
The statute of limitations for standard personal injury lawsuits in New York is 36 months. But, there are exceptions that can change that deadline — such as claims against government entities, where mandate filing notice within 90 days. If you are unsure whether your deadline has passed, contact a personal injury lawyer without delay.
**Misconception: "Filing a lawsuit is greedy."**
Pursuing legal recovery for harm resulting from someone else's carelessness is a legal right — not a moral failing. Hospital costs, time away from work, and ongoing pain impose genuine monetary weight. Holding the person who caused your injuries accountable is the way the justice system is supposed to function.
Ianniello Chauvin, LLP's team, every client get straightforward answers from day one. There are no inflated expectations — just an honest evaluation of your case and a plan for pursuing the best possible outcome.
