Common Myths About Personal Injury Cases in New York 13481
Filing an injury claim comes with misconceptions that often prevent those who have been harmed from seeking the financial recovery they deserve. Here are the most common misunderstandings — and the truth underneath each one.
**Misconception: "If it was partly my fault, I can't recover anything."**
That is one of the most damaging myths. New York uses a modified comparative negligence standard. In plain terms is recovery is possible even if you were somewhat at fault. What you receive gets adjusted by your degree of contribution to the accident — but it does not get wiped away.
**False: "I don't need a lawyer — the insurance company is going to pay what I am owed."**
Carriers are for-profit entities focused on minimizing what they pay out. Their initial offer is almost always lower than fair value. An experienced personal injury lawyer knows the true value of your damages — including future treatment expenses and pain and suffering damages that insurance companies routinely ignore.
**Misconception: "Personal injury claims drag on forever."**
While complex matters do take extended time, most personal injury disputes in New York reach resolution within several months to a year. How long your case takes depends on the complexity of the accident, how cooperative opposing counsel toward settlement discussions, and whether litigation becomes unavoidable.
**Misconception: "I missed the accident — I cannot do anything."**
The legal window for standard personal injury claims in New York is 36 months. That said, some situations that can extend that timeframe — for example cases involving public agencies, which mandate filing notice within 90 days. If you are not certain whether your deadline has passed, speak with a personal injury attorney immediately.
**Myth: "Taking legal action is greedy."**
Pursuing legal recovery for harm resulting from someone else's carelessness is your right under the law — not an act of greed. Treatment expenses, lost wages, and long-term pain carry actual financial consequences. Holding the at-fault individual responsible is the way the system works.
Ianniello Saratoga Springs accident lawyer Chauvin, LLP's team, clients receive straightforward answers from day one. There are no unrealistic claims — only a clear assessment of your case and a path for getting you the recovery you deserve.
Areas We Serve Near Saratoga Springs
Proudly serving clients near:
