Things People Get Wrong About Personal Injury Cases in New York

Personal injury law is often clouded by misconceptions that may stop those who have been harmed from seeking the compensation they deserve. Below are some of false assumptions — and the truth behind each one.

**Myth: "If the accident was partly my fault, I cannot file a claim."**

This is an especially widespread misconceptions. New York uses a modified comparative negligence standard. In plain terms is you can still were somewhat at fault. What you receive gets adjusted by your percentage of fault — but it is not wiped away.

**Myth: "Attorneys are not necessary — the insurance company will pay what I am owed."**

Adjusters are corporations focused on controlling what they pay out. Their opening settlement is nearly always below the actual cost of your injuries. An experienced personal injury lawyer understands the full picture of your damages — including long-term care needs and pain and suffering damages that adjusters routinely undervalue.

**False: "Personal injury cases drag on forever."**

Though complex matters may take extended time, a significant number of personal injury claims in New York resolve within months. The timeline is shaped by the complexity of the accident, how cooperative the other side toward negotiations, and if a trial becomes necessary.

**False: "Too much time has passed after my injury — I have no options."**

New York's filing deadline for the majority of personal injury lawsuits in New York is 36 months. But, certain situations that can shorten that timeframe — for example claims against government entities, which demand filing notice in just three months. If you are not certain whether your deadline has passed, consult a personal injury lawyer as soon as possible.

**False: "Suing someone makes me a bad person."**

Pursuing legal recovery for injuries caused by someone else's carelessness is a legal right — not a moral failing. Treatment expenses, missed income, and chronic pain carry actual financial consequences. Holding the at-fault individual responsible is the mechanism through which the system works.

The attorneys at Ianniello Chauvin, LLP, injured individuals receive straightforward counsel from the very first conversation. There are no false promises — just dui lawyer saratoga springs an honest evaluation of your case and a strategy for pursuing the best possible outcome.