Misconceptions About Personal Injury Lawsuits in New York 14595
Filing an injury claim is surrounded by misinformation that can stop accident victims from filing the financial recovery they are entitled to. Let us address some of myths — and the reality in practice for each one.
**False: "If it was partly my fault, I can't file a claim."**
That is an especially widespread myths. New York uses a modified comparative negligence standard. That means is recovery is possible even if you were partially at fault. Your award gets adjusted by your degree of responsibility — but it does not get wiped away.
**Misconception: "I can handle this myself — the insurance company will offer a fair settlement."**
Insurance companies are corporations driven by reducing expenses. The initial offer is frequently less than what your case is worth. A dedicated personal injury attorney understands the full picture of your claim — including future care needs and quality-of-life damages that insurance companies typically ignore.
**Myth: "Personal injury lawsuits are never-ending."**
It is true that some cases can take more than a year, most personal injury claims in New York resolve within several months to a year. Duration varies based on the severity of the accident, the willingness of the insurance company is about settlement discussions, and whether court involvement is unavoidable.
**False: "It has been too long since my injury — I have no options."**
New York's filing deadline for the majority of personal injury cases in New York is three years. That said, some situations that can change that window — such as claims against government entities, where require a notice of claim within three months. If you are unsure whether you still have time, consult a personal injury attorney as soon as possible.
**Misconception: "Suing someone means I am being difficult."**
Filing a claim for harm resulting from someone else's negligence is your right under the law — not a moral failing. Treatment expenses, time away from work, and ongoing pain impose genuine monetary consequences. Holding the at-fault individual accountable is how the justice system is supposed to function.
The attorneys at Ianniello Chauvin, LLP, injured individuals get straightforward counsel from the very first conversation. No first time DUI defense Saratoga inflated expectations — just a realistic picture of where your claim stands and a strategy for moving forward.
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