Things People Get Wrong About Personal Injury Cases in New York 25245
Personal injury law comes with myths that can prevent accident victims from pursuing the damages they are entitled to. Below are several of misunderstandings — and the truth in practice for each one.
**Misconception: "If it was partly my fault, I cannot sue."**
That is one of the most damaging misunderstandings. New York follows a pure comparative negligence rule. What this means is a claim remains viable when you are found somewhat at fault. What you receive gets adjusted by your percentage of contribution to the accident — but it is not wiped away.
**Misconception: "Attorneys are not necessary — the insurance company is going to pay what I am owed."**
Insurance companies are for-profit entities focused on minimizing what they pay out. The first number is almost always less than what your case is worth. An experienced personal injury attorney can identify the full picture of your damages — including future medical costs and pain and suffering damages that insurance companies routinely undervalue.
**Myth: "Personal injury cases drag on forever."**
While complex matters can take extended time, most personal injury cases in New York resolve within several months to a year. Duration is shaped by the complexity of your injuries, whether the other side about resolving the claim, and whether a trial is necessary.
**Myth: "I missed the accident — I have no options."**
The legal window for the majority of personal injury cases in personal injury lawyer New York is 36 months. But, certain situations that may shorten that deadline — including cases involving public agencies, which mandate filing notice in just three months. If you are unsure whether your deadline has passed, consult a personal injury lawyer immediately.
**Misconception: "Taking legal action is greedy."**
Pursuing legal recovery for injuries caused by someone else's irresponsible actions is exactly what the legal system was designed for — not a moral failing. Treatment expenses, time away from work, and ongoing physical limitations carry actual economic weight. Making the at-fault individual accountable is how civil law is supposed to function.
Ianniello Chauvin, LLP's team, injured individuals are given honest guidance from the very first conversation. There are no false promises — just a realistic picture of what you are dealing with and a plan for moving forward.
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