Things People Get Wrong About Personal Injury Claims in New York 44149
Pursuing compensation after an accident comes with misinformation that may prevent those who have been harmed from seeking the compensation they have a right to. Here are the most common misunderstandings — and the truth underneath each one.
**Misconception: "If the accident was partly my fault, I can't file a claim."**
This is a particularly harmful myths. New York operates under a pure comparative negligence standard. That means is recovery is possible even if you were partly at fault. Your wrongful death lawyer Saratoga award decreases by your degree of responsibility — but it is not eliminated.
**False: "I don't need a lawyer — my insurer is going to pay what I am owed."**
Adjusters are for-profit entities measured by controlling what they pay out. The first number is almost always less than the actual cost of your injuries. A qualified personal injury lawyer understands the true value of your claim — including ongoing care needs and non-economic damages that insurance companies routinely ignore.
**False: "Personal injury lawsuits are never-ending."**
While some cases can take extended time, a significant number of personal injury disputes in New York reach resolution within several months to a year. How long your case takes varies based on the complexity of your injuries, the willingness of the insurance company is about settlement discussions, and whether litigation proves unavoidable.
**False: "I missed the accident — it is too late."**
The statute of limitations for standard personal injury cases in New York is 36 months. However, some special circumstances that can change that deadline — including claims against government entities, where demand an initial filing within three months. If you are not certain whether you still have time, speak with a personal injury attorney without delay.
**Myth: "Suing someone is greedy."**
Filing a claim for damage done by someone else's carelessness is your right under the law — not a moral failing. Medical bills, time away from work, and long-term physical limitations impose genuine financial weight. Holding the person who caused your injuries drug crime attorney Saratoga responsible is the mechanism through which the system protects people like you.
At Ianniello Chauvin, LLP, every client get honest guidance from the initial consultation. No inflated expectations — only a realistic picture of where your claim stands and a strategy for getting you the recovery you deserve.
