Misconceptions About Personal Injury Claims in New York 55786
Filing an injury claim is often clouded by myths boutique law firm Saratoga Springs that can discourage accident victims from filing the damages they have a right to. Here are some of misunderstandings — and the truth behind each one.
**Misconception: "If it was partly my fault, I cannot sue."**
That is one of the most damaging myths. New York uses a pure comparative negligence standard. That means is a claim remains viable when you are Saratoga Springs personal injury found somewhat at fault. The compensation gets adjusted by your percentage of fault — but it is not wiped away.
**Myth: "Attorneys are not necessary — the adjuster is going to treat me fairly."**
Insurance companies are for-profit entities driven by reducing payouts. Their initial offer is almost always lower than fair value. A dedicated personal injury attorney can identify every component of your damages — including future care needs and non-economic damages that adjusters typically ignore.
**Myth: "Personal injury lawsuits are never-ending."**
It is true that some cases may take more than a year, a significant number of personal injury disputes in New York settle within a reasonable timeframe. The timeline is shaped by the severity of the accident, the willingness of the insurance company is toward settlement discussions, and whether a trial proves required.
**Misconception: "It has been too long since the accident — I cannot do anything."**
The legal window for standard personal injury lawsuits in New York is 36 months. However, there are situations that can change that deadline — for example claims against government entities, where demand an initial filing in just 90 days. If you are unsure whether your claim is still viable, contact a personal injury lawyer without delay.
**False: "Taking legal action is greedy."**
Seeking compensation for injuries caused by another party's negligence is your right under the law — not an act of greed. first time DUI defense Saratoga Medical bills, lost wages, and long-term physical limitations impose genuine economic costs. Holding the person who caused your injuries responsible is the mechanism through which the system works.
The attorneys at Ianniello Chauvin, LLP, every client are given honest answers from the initial consultation. There are no unrealistic claims — only an honest evaluation of what you are dealing with and a path for pursuing the best possible outcome.
