Misconceptions About Personal Injury Lawsuits in New York 46044

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Revision as of 08:33, 9 May 2026 by Thornesrec (talk | contribs) (Created page with "<html><p> Filing an injury claim is surrounded by myths that may prevent accident victims from pursuing the financial recovery they are entitled to. Here are some of false assumptions — and the truth behind each one.</p><p> </p>**False: "If the accident was partly my fault, I can't file a claim."**<p> </p>This is an especially widespread misunderstandings. New York uses a modified comparative negligence standard. What this means is a claim remains viable when you are f...")
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Filing an injury claim is surrounded by myths that may prevent accident victims from pursuing the financial recovery they are entitled to. Here are some of false assumptions — and the truth behind each one.

**False: "If the accident was partly my fault, I can't file a claim."**

This is an especially widespread misunderstandings. New York uses a modified comparative negligence standard. What this means is a claim remains viable when you are found somewhat at fault. The compensation gets adjusted by your share of fault — but it does not get wiped away.

**Myth: "Attorneys are not necessary — my insurer is going to offer a fair settlement."**

Carriers are corporations driven by minimizing payouts. The first number is almost always less than fair value. An experienced personal injury attorney can law firm near me Saratoga identify every component of DUI attorney near me your claim — including future care needs and non-economic damages that carriers routinely ignore.

**False: "Personal injury claims are never-ending."**

While complex matters can take more than a year, many personal injury claims in New York settle within several months to a year. Duration criminal lawyer Saratoga varies based on the complexity of your case, whether opposing counsel toward resolving the claim, and whether litigation proves necessary.

**False: "I missed the accident — I cannot do anything."**

New York's filing deadline for the majority of personal injury lawsuits in New York is three years. That said, certain situations that can shorten that deadline — including cases involving municipalities, which mandate an initial filing within three months. If you are unsure whether you still have time, contact criminal law attorney a personal injury lawyer immediately.

**Misconception: "Taking legal action is greedy."**

Pursuing legal recovery for damage done by someone else's irresponsible actions is exactly what the legal system was designed for — not something to feel guilty about. Treatment expenses, time away from work, and ongoing suffering carry actual financial costs. Making the at-fault individual accountable is the mechanism through which the justice system protects people like you.

At Ianniello Chauvin, LLP, clients are given direct counsel from the initial consultation. No unrealistic claims — only an honest evaluation of your case and a strategy for moving forward.