Misconceptions About Personal Injury Cases in New York 33401
Filing an injury claim is surrounded by myths that may prevent accident victims from pursuing the financial recovery they have a right to. Below are some of myths — and what actually happens underneath each one.
**Myth: "If it was partly my fault, I can't file a claim."**
This is a particularly harmful misconceptions. New York operates under a pure comparative negligence standard. That means is a claim remains viable when you were partially at fault. The compensation gets adjusted by your degree of contribution to the accident — ticket lawyer Saratoga but it is not zeroed out.
**Misconception: "Attorneys are not necessary — the adjuster will treat me fairly."**
Carriers are corporations measured by controlling payouts. The opening settlement is almost always below fair value. A dedicated personal injury lawyer understands the full picture of your case — including long-term treatment expenses and non-economic damages that carriers typically ignore.
**False: "Personal injury cases drag on forever."**
While complex matters may take extended time, many personal injury claims in New York resolve within several months to a year. Duration varies based on the nature of the accident, how cooperative the insurance company is speeding ticket lawyer in negotiations, and if court involvement proves necessary.
**Myth: "I missed the accident — I have no options."**
New York's filing deadline for the majority of personal injury lawsuits in New York is three years. But, there are situations that may change that timeframe — including claims against public agencies, which demand a notice of claim within three months. If you are not certain whether your deadline has passed, contact a personal injury attorney as soon as possible.
**Myth: "Taking legal action means I am being difficult."**
Filing a claim for harm resulting from another party's irresponsible actions is your right under the law — not something to feel guilty about. Hospital costs, time away from work, and ongoing pain impose genuine financial consequences. Making the responsible party accountable is the way civil law protects people like you.
At Ianniello Chauvin, LLP, injured individuals receive direct counsel from the very first conversation. There are no inflated expectations — only an honest evaluation of what you are dealing with and a plan for moving forward.
