Many people hesitate to file personal injury claims because of misconceptions that can cost them significant compensation. If you’ve been injured due to someone else’s negligence, don’t let these common myths stop you from getting the justice and financial recovery you deserve.
Reality:
Insurance companies are businesses—not advocates for injury victims. Their goal is to settle claims for as little as possible, often before you fully understand the extent of your injuries or future needs. Many people accept early offers without realizing they may need ongoing treatment, physical therapy, or time off work—none of which may be included in the initial settlement. In some cases, insurance adjusters may even deny valid claims based on technicalities or incomplete paperwork.
Tip: Before accepting any settlement, have an attorney review the offer to determine if it accounts for all your short- and long-term damages, including medical bills, future care, lost wages, and pain and suffering.
Reality:
Time limits for filing personal injury claims—known as statutes of limitations—can bar your case if you wait too long. In New York, most personal injury claims must be filed within three years of the accident. However, shorter deadlines may apply in specific situations. For example, if your injury involved a government agency (like a city bus or municipal building), you may only have 90 days to file a notice of claim.
Tip: Acting early gives your legal team time to gather evidence, consult with experts, and build a strong case. Waiting too long can cause crucial documentation or witness testimony to be lost.
Reality:
You’re not legally required to have an attorney—but statistics show that people with legal representation consistently receive larger settlements. Insurers use complex rules and negotiation tactics that most individuals don’t understand. Without legal training, it’s easy to undervalue your own claim or miss a filing requirement that could cause it to be dismissed. Additionally, attorneys often uncover sources of compensation the injured person may not know existed, such as third-party liability.
Tip: Many law firms offer free consultations. Even if you ultimately decide not to hire a lawyer, a conversation can give you clarity on whether you’re being treated fairly.
Reality:
New York follows a comparative negligence system. This means you can still recover compensation even if you were partially responsible for the accident—as long as you weren’t entirely at fault. Your financial recovery will simply be reduced by your percentage of fault. So, being 10%, 30%, or even 49% at fault doesn’t disqualify you from filing a claim.
Example: If you’re awarded $100,000 but found 25% responsible, you would still recover $75,000.
Tip: Don’t assume fault without speaking to an attorney. Determining liability is complex and often misunderstood.
Reality:
Not all personal injury cases drag on for years. Many resolve through settlement within a few months, especially if liability is clear and injuries are well documented. However, more complex cases—such as those involving disputed fault or ongoing medical treatment—can take longer, particularly if they go to trial. A well-managed case balances thoroughness with efficiency.
Tip: A qualified lawyer can help move your case forward by handling paperwork, coordinating medical records, and pushing for timely responses from insurers. If necessary, they can escalate the matter by filing a formal lawsuit.
Reality:
Not all injuries cause immediate symptoms. Conditions like soft tissue injuries, herniated discs, or traumatic brain injuries can take days—or even weeks—to develop. When pain appears later, insurers may question whether it was caused by the accident or by something else. This makes it harder to link your injury to the event without early documentation.
Tip: Always get checked out by a doctor after an accident, even if you feel fine. Their evaluation creates a medical record that can support your claim if symptoms show up later.
Reality:
Personal injury attorneys typically work on a contingency fee basis. This means they only get paid if they recover money for you. There are no upfront costs, and no hourly fees. The lawyer’s fee is usually a percentage of your final settlement or verdict. This model ensures that legal help is accessible to everyone, not just those who can afford to pay out of pocket.
Tip: There’s no financial risk in contacting a lawyer to learn about your rights. Even one conversation can help you avoid costly mistakes and decide how to proceed.
If you’ve been injured in New York, don’t let misconceptions prevent you from getting the compensation you deserve. Schedule a FREE consultation with our experienced personal injury attorneys today!