Misconceptions About Personal Injury Claims in New York 96884
Personal injury law is often clouded by misconceptions that may discourage accident victims from pursuing the damages they deserve. Here are the most common misunderstandings — and the truth behind each one.
**Misconception: "If it was partly my fault, I can't sue."**
That is a particularly harmful misconceptions. New York operates under a pure comparative negligence rule. What this means is a claim remains viable when you were somewhat at fault. Your award is reduced by your Saratoga Springs traffic ticket degree of fault — but it does not get wiped away.
**Myth: "I don't need a lawyer — my insurer is going to pay what I am owed."**
Carriers are for-profit entities measured by minimizing what they pay out. Their first number is nearly always less than what your case is worth. An experienced personal injury lawyer understands the full picture of your damages — including long-term care needs and quality-of-life damages that adjusters routinely undervalue.
**False: "Personal injury claims take years."**
Though certain claims may take longer, a significant number of personal injury cases in New York reach resolution DWI lawyer Saratoga Springs within several months to a year. The timeline varies based on the severity of your injuries, whether the other side toward settlement discussions, and whether a trial proves unavoidable.
**False: "Too much time has passed after the accident — I have no options."**
The legal window for the majority of personal injury claims in New York is three years. However, there are situations that can extend that window — including cases involving municipalities, which demand an initial filing within three months. If you are unsure whether your claim is still viable, contact a personal injury attorney immediately.
**False: "Suing someone means I am being difficult."**
Filing a claim for injuries caused by someone else's irresponsible actions is a legal right — not something to feel guilty about. Medical bills, lost wages, and chronic pain have real financial weight. Holding the at-fault individual responsible is the way civil law is supposed to function.
At Ianniello Chauvin, LLP, injured individuals receive honest counsel from day one. There are no unrealistic claims — just a realistic picture of where your claim stands and a path for moving forward.
