Things People Get Wrong About Personal Injury Cases in New York 39038
Pursuing compensation after an accident comes with misinformation that can prevent injured people from seeking the compensation they have a right to. Below are the most common misunderstandings — and what actually happens in practice for each one.
**False: "If the accident was partly my personal injury lawyer fault, I can't recover anything."**
That is a particularly harmful misunderstandings. New York operates under a pure comparative negligence standard. In plain terms is a claim remains viable when you are found somewhat at fault. Your award decreases by your share of fault — but it is not eliminated.
**Myth: "I can handle this myself — the insurance company is going to offer a fair settlement."**
Carriers are for-profit entities focused on reducing what they pay out. Their initial offer is frequently below what your case is worth. An experienced personal injury lawyer can identify the full picture of your claim — including ongoing treatment expenses and non-economic damages that carriers often minimize.
**Misconception: "Personal injury claims drag on forever."**
While some cases can take longer, many personal injury disputes in New York settle within months. How long your case takes varies based on the nature of your injuries, the willingness of opposing counsel in resolving the claim, and if a trial proves necessary.
**Misconception: "I missed my injury — it is too late."**
New York's filing deadline for most personal injury claims in New York is 36 months. However, some situations that may extend that timeframe — for example claims against public agencies, where mandate an initial filing in just 90 days. When in doubt whether you still have time, contact a personal injury attorney immediately.
**Misconception: "Suing someone means I am being difficult."**
Filing a claim for damage done by another party's negligence is exactly what the legal system was designed for — not an act of greed. Medical bills, missed income, and long-term suffering impose genuine economic weight. Making the person who caused your injuries accountable is the mechanism through which the system protects people like you.
At Ianniello Chauvin, LLP, injured individuals get direct guidance from the initial consultation. No unrealistic claims — just a realistic picture of where your claim stands and a plan for getting you the recovery you deserve.
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