Misconceptions About Personal Injury Lawsuits in New York 34063
Personal injury law is surrounded by misinformation that often stop accident victims from seeking the compensation they are entitled to. Below are some of false assumptions — and the reality in practice for each one.
**Misconception: "If the accident was partly my fault, I cannot sue."**
This is an especially widespread misunderstandings. New York operates under a modified comparative negligence standard. What this means is a claim remains viable when you are found partly at fault. Your award decreases by your percentage of responsibility — but it is not eliminated.
**Misconception: "Attorneys are not necessary — my insurer is going to offer a fair settlement."**
Insurance companies are for-profit entities driven by reducing expenses. The opening settlement is almost always lower than fair value. A dedicated personal injury attorney can identify every component of your damages — including future treatment expenses and non-economic damages that adjusters often ignore.
**Myth: "Personal injury lawsuits are never-ending."**
While some cases do take more than a year, a significant number of personal injury cases in New York reach resolution within months. The timeline is shaped by the severity of your case, the willingness of opposing counsel about settlement discussions, and whether a trial proves unavoidable.
**Myth: "Too much time has passed after the accident — I cannot do anything."**
The legal window for the majority of personal injury claims in New York is 36 months. That said, some situations that may extend that window — such as cases involving government entities, where mandate filing notice within three months. If you are unsure whether you still Saratoga Springs DUI have time, speak with a personal injury lawyer immediately.
**Misconception: "Taking legal action means I am being difficult."**
Pursuing legal recovery for injuries caused by another party's negligence is your right under the law — not a moral failing. Medical bills, missed income, and ongoing pain have real financial costs. Holding the person who caused your injuries accountable is the way civil law protects people like you.
At Ianniello Chauvin, LLP, injured individuals are given direct answers from day one. There are no false promises — only a realistic picture of your case and a plan for pursuing the best possible outcome.
Areas We Serve Near Saratoga Springs
Proudly serving clients near:
