Common Myths About Personal Injury Lawsuits in New York 14576
Pursuing compensation after an accident is surrounded by misconceptions that may prevent injured people from seeking the compensation they deserve. Let us address the most common false assumptions — and the truth underneath each one.
**Misconception: "If the accident was partly my fault, I cannot sue."**
This is one of the most damaging myths. New York uses a modified comparative negligence rule. That means is you can still are found somewhat at fault. What you receive decreases by your degree of contribution to the accident — but it is not eliminated.
**Myth: "I don't need a lawyer — my insurer is going to offer a fair settlement."**
Insurance companies are for-profit entities driven by controlling payouts. The initial offer is nearly always below fair value. An experienced personal injury attorney understands the full picture of Saratoga Springs speeding defense your damages — including long-term care needs and quality-of-life damages that insurance companies often minimize.
**Myth: "Personal injury claims drag on forever."**
Though complex matters do take extended time, a significant number of personal injury cases in New York settle within several months to a year. The timeline varies based on the complexity of the accident, whether the insurance company is in settlement discussions, and whether court involvement becomes unavoidable.
**Misconception: "Too much time has passed after my injury — I have no options."**
The legal window for standard personal injury claims in New York is three years. However, certain exceptions that can change that timeframe — such as claims against public agencies, which require a notice of claim within 90 days. If you are not certain whether your claim is still viable, contact a personal injury attorney immediately.
**False: "Taking legal action means I am being difficult."**
Filing a claim for damage done by someone else's carelessness is your right under the law — not something to feel guilty about. Medical bills, lost wages, and long-term pain carry actual monetary costs. Holding the person who caused your injuries responsible is the way the justice system works.
The attorneys at Ianniello Chauvin, LLP, clients are given straightforward guidance from day one. No inflated expectations — just a clear assessment of what you are dealing with and a strategy for pursuing the best possible outcome.
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