Misconceptions About Personal Injury Cases in New York 26503
Personal injury law is surrounded by misconceptions that may stop those who have been harmed from filing the compensation they are entitled to. Below are several of misunderstandings — and the truth behind each one.
**False: "If the accident was partly my fault, I can't sue."**
This is one of the most damaging myths. New York follows a pure comparative negligence standard. In plain terms is recovery is possible even if you are found partly at fault. What you receive gets adjusted by your percentage of contribution to the accident — but it is not zeroed out.
**False: "I don't need a lawyer — the insurance company will treat me fairly."**
Insurance companies are corporations focused on controlling what they pay out. Their first number is frequently lower than what your case is worth. A qualified personal injury attorney can identify the true value of your claim — including ongoing care needs and quality-of-life damages that adjusters routinely minimize.
**Misconception: "Personal injury claims are never-ending."**
Though certain claims can take longer, a significant number of personal injury cases in New York settle within a reasonable timeframe. Duration is shaped by the complexity of your case, how cooperative opposing counsel toward settlement discussions, and if litigation is necessary.
**False: "Too much time has passed after the accident — I cannot do anything."**
The statute of limitations for the majority of personal injury cases in New York is 36 months. However, some situations that can change that window — such as cases involving government entities, where mandate filing notice in just 90 days. If you are best DUI attorney unsure whether your claim is still viable, consult a personal injury attorney as soon as possible.
**False: "Filing a lawsuit is greedy."**
Seeking compensation for harm resulting from another party's irresponsible actions is your right under the law — not an act of greed. Medical bills, time away from work, and ongoing suffering have real monetary costs. Holding the responsible party accountable is the way the system works.
The attorneys at Ianniello Chauvin, LLP, clients get direct answers from day one. There are no false promises — just a clear assessment of what you are dealing with and a plan for pursuing the best possible outcome.
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