Things People Get Wrong About Personal Injury Cases in New York 32043
Personal injury law comes with myths that often stop accident victims from pursuing the financial recovery they have a right to. Here are the most common false assumptions — and the truth behind each one.
**False: "If the accident was partly my fault, I can't sue."**
This is an especially widespread myths. New York operates under a pure comparative negligence standard. In plain terms is a claim remains viable when you were partially at fault. Your award is reduced by your share of wrongful death lawyer Saratoga responsibility — but it does not get wiped away.
**Misconception: "Attorneys are not necessary — the adjuster will offer a fair settlement."**
Adjusters are corporations driven by controlling expenses. Their opening settlement is frequently lower than fair value. A qualified personal injury attorney knows the full picture of your claim — including long-term care needs and pain and suffering damages that adjusters routinely ignore.
**Myth: "Personal injury lawsuits take years."**
While certain claims can take more than a year, most personal injury disputes in New York reach resolution within months. The timeline varies based on the nature of the accident, whether the insurance company is toward resolving the claim, and if a trial is unavoidable.
**Misconception: "I missed the accident — I have no options."**
The legal window for standard personal injury cases in New York is 36 months. That said, some exceptions that can extend that timeframe — including claims against municipalities, where require filing notice in just car accident lawyer Saratoga Springs three months. When in doubt whether your deadline has passed, contact a personal injury lawyer as soon as possible.
**Misconception: "Suing someone is greedy."**
Seeking compensation for injuries caused by another party's negligence is your right under the law — not an act of greed. Hospital costs, missed income, and chronic suffering carry actual financial costs. Holding the person who caused your injuries accountable is the mechanism through which the justice system is supposed to function.
At Ianniello Chauvin, LLP, injured individuals receive honest guidance from the initial consultation. No false promises — just an honest evaluation of your case and a path for getting you the recovery you deserve.
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