Misconceptions About Personal Injury Lawsuits in New York 37421
Pursuing compensation after an accident is surrounded by myths that often discourage those who have been harmed from pursuing the compensation they are entitled to. Let us address the most common false assumptions — and what actually happens in practice for each one.
**Misconception: "If it was partly my fault, I cannot file a claim."**
This is a particularly harmful misunderstandings. New York uses a pure comparative negligence rule. That means is recovery is possible even if you are found partly at fault. Your award gets adjusted by your degree of responsibility — but it does not get eliminated.
**False: "I don't need a lawyer — the adjuster will pay what I am owed."**
Adjusters are businesses focused on aggressive DUI lawyer Saratoga Springs reducing payouts. The initial offer is almost always below the actual cost of your injuries. A dedicated personal injury attorney knows every component of your damages — including long-term medical costs and quality-of-life damages that insurance companies typically minimize.
**Misconception: "Personal injury claims are never-ending."**
While certain claims may take longer, many personal injury disputes in New York resolve within months. Duration is shaped by the severity of your case, whether the insurance company is in settlement discussions, and if court involvement becomes required.
**False: "It has been too long since my injury — I have no options."**
The legal window for the majority of personal injury cases in New York is 36 months. But, there are situations that may shorten that deadline — including cases involving municipalities, where mandate a notice of claim in just three months. If you are unsure whether you still have time, consult a personal injury lawyer immediately.
**False: "Taking legal action is greedy."**
Seeking compensation for damage done by another party's irresponsible actions is your right under the law — not a moral failing. Medical bills, time away from work, and ongoing physical limitations have real monetary consequences. Holding the person who caused your injuries accountable is the mechanism through which the DUI defense attorney justice system protects people like you.
At Ianniello Chauvin, LLP, clients are given straightforward guidance from day one. There are no inflated expectations — only an honest evaluation of what you are dealing with and a plan for pursuing the best possible outcome.
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