Common Myths About Personal Injury Lawsuits in New York 29024
Filing an injury claim comes with misconceptions that may stop those who have been harmed from pursuing the damages they are entitled to. Here are several of misunderstandings — and the truth underneath each one.
**Misconception: "If it was partly my fault, I can't sue."**
This is an especially widespread ticket defense lawyer myths. New York uses a pure comparative negligence standard. What this means is a claim remains viable when you were somewhat at fault. The compensation decreases by your percentage of fault — but it is not wiped away.
**False: "I can handle this myself — the insurance company will offer a fair settlement."**
Adjusters are corporations focused on minimizing expenses. Their first number is nearly always less than what your case is worth. A qualified personal injury traffic violation attorney lawyer can identify the true value of your damages — including future medical costs and non-economic damages that insurance companies typically undervalue.
**Misconception: "Personal injury claims drag on forever."**
It is true that certain claims may take longer, a significant number of personal injury disputes in New York reach resolution within a reasonable timeframe. The timeline varies based on the complexity of the accident, the willingness of the other side toward resolving the claim, and whether court involvement proves necessary.
**False: "Too much time has passed after my injury — I have no options."**
New York's filing deadline for the majority of personal injury claims in New York is 36 months. However, certain special circumstances that can change that timeframe — for example cases involving public agencies, which mandate an initial filing within three months. If you are not certain whether you still have time, consult a personal injury lawyer immediately.
**False: "Filing a lawsuit means I am being difficult."**
Pursuing legal recovery for injuries caused by another party's irresponsible actions is a legal right — not a moral failing. Hospital costs, lost wages, and ongoing physical limitations carry actual financial consequences. Making the responsible party accountable is how the system is supposed to function.
The attorneys at Ianniello Chauvin, LLP, every client are given honest counsel from the very first conversation. No unrealistic claims — just a clear assessment of your case and a plan for moving forward.
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