Misconceptions About Personal Injury Cases in New York 48969
Personal injury law comes with misinformation that often prevent accident victims from seeking the financial recovery they deserve. Here are several of false assumptions — and what actually happens underneath each one.
**False: "If it was partly my fault, I cannot recover anything."**
This is a particularly harmful myths. New York operates under a pure comparative negligence rule. That means is you can still are found partially at fault. What you receive is reduced by your degree of fault — but it does not get zeroed out.
**Myth: "I assault defense Saratoga Springs can handle this myself — the adjuster is going to pay what I am owed."**
Adjusters are corporations driven by controlling payouts. The opening settlement is almost always less than fair value. A dedicated personal injury lawyer can identify every component of your claim — including long-term treatment expenses and non-economic damages that insurance companies typically undervalue.
**Myth: "Personal injury claims are never-ending."**
It is true that some cases do take extended time, most personal injury claims in New York settle within several months to a year. Duration is shaped by the complexity of the accident, how cooperative opposing counsel about negotiations, and if court involvement proves necessary.
**Misconception: "Too much time has passed after the accident — I cannot do anything."**
The statute of limitations for standard personal injury cases in New York is 36 months. However, some situations that can change that window — including cases involving municipalities, where mandate filing notice within 90 days. If you are not certain whether your deadline has passed, speak with a personal injury attorney as soon as possible.
**Myth: "Filing a lawsuit makes me a bad person."**
Filing a claim for damage done by another party's carelessness is a legal right — not an act of greed. Medical bills, time away from work, and ongoing suffering impose genuine financial consequences. Holding the responsible party accountable is how civil law is supposed to function.
At Ianniello Chauvin, LLP, clients receive direct counsel from the very first conversation. There are no false promises — just a clear assessment of where your claim stands and a path for moving forward.
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