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Medical malpractice and personal injury lawsuits are often misunderstood, leading to myths and misconceptions that can prevent people from seeking justice. These misunderstandings can discourage individuals from filing claims, even when they have a legitimate case. At Salenger, Sack, Kimmel & Bavaro, we are here to shed light on the realities of these legal processes, so you can make informed decisions about your rights.
Myth 1: "Filing a Medical Malpractice or Personal Injury Lawsuit Is Just About the Money"
One of the most pervasive myths is that people file medical malpractice and personal injury lawsuits solely for financial gain. In reality, these lawsuits are often about much more than compensation. They are a way for victims to seek justice, hold negligent parties accountable, and prevent similar incidents from happening to others.
Truth: Compensation is meant to cover the costs of medical bills, lost wages, and long-term care. It also helps provide a sense of closure and justice for those affected by negligence.
Why It Matters: Understanding the purpose of a lawsuit can encourage victims to come forward and protect their rights, ensuring that negligent parties are held responsible.
Myth 2: "Medical Malpractice Claims Are Only for Major Surgical Errors"
Many people believe that medical malpractice claims are only valid in extreme cases, such as surgical errors or severe misdiagnoses. However, medical malpractice can occur in various ways, including prescription errors, delayed diagnoses, and improper treatment.
Truth: Medical malpractice encompasses any failure by a healthcare provider that results in harm to the patient. Even less obvious mistakes can lead to significant health complications.
Why It Matters: If you’ve suffered due to a medical professional's negligence, you have the right to seek legal recourse, regardless of the severity of the error.
Myth 3: "Personal Injury Lawsuits Are Always Lengthy and Costly"
Another common myth is that personal injury lawsuits drag on for years and are expensive to pursue. While some cases can be complex, many are resolved through settlements without ever going to trial.
Truth: Most personal injury cases settle out of court, which can save time and legal expenses. Our attorneys work diligently to achieve a fair settlement for our clients as efficiently as possible.
Why It Matters: Fear of a long legal battle should not deter you from pursuing the compensation you deserve. Consulting with an experienced attorney can help you understand the likely timeline of your case.
Myth 4: "You Can File a Medical Malpractice or Personal Injury Claim at Any Time"
Time is of the essence when it comes to filing a medical malpractice or personal injury claim. Many people mistakenly believe that they can file a lawsuit whenever they are ready, but each state, including New York, has a statute of limitations that restricts how long you have to file.
Truth: In New York, the statute of limitations for medical malpractice is typically 2.5 years, while personal injury cases often have a 3-year time limit. Some exceptions may apply, but acting quickly is crucial.
Why It Matters: Delaying your claim can result in losing your right to seek compensation. Contacting an attorney promptly ensures that you meet all necessary deadlines.
Myth 5: "If I Was Partly at Fault, I Can't File a Lawsuit"
Many accident victims believe that if they were partially responsible for their injuries, they cannot file a lawsuit. This misconception prevents individuals from seeking compensation even when another party’s negligence contributed significantly to their harm.
Truth: New York follows the rule of comparative negligence, which means you can still recover compensation even if you were partially at fault. Your compensation may be reduced by the percentage of your responsibility.
Why It Matters: Don't assume that being partially at fault disqualifies you from seeking justice. Let an experienced attorney assess the facts of your case and determine the best course of action.
Myth 6: "Insurance Companies Will Offer a Fair Settlement"
Insurance companies are often viewed as helpful allies when it comes to compensating accident victims. Unfortunately, many people learn the hard way that insurance companies aim to minimize payouts, even when their policyholders are clearly at fault.
Truth: Insurance adjusters are trained to protect their company's bottom line, which often means offering low settlements or denying claims altogether.
Why It Matters: Consulting with a personal injury lawyer before accepting an insurance settlement ensures that you receive the full compensation you deserve. An experienced attorney can negotiate with the insurance company on your behalf.
Myth 7: "Only Doctors Can Be Held Liable for Medical Malpractice"
When people think of medical malpractice, they often assume that only doctors can be held accountable. In reality, other healthcare providers, including nurses, pharmacists, and even hospitals, can be liable for patient harm.
Truth: Any medical professional or entity that provides care and contributes to patient injury could be named in a medical malpractice claim.
Why It Matters: Understanding this broader scope ensures that victims can hold all responsible parties accountable and pursue maximum compensation for their suffering.
Get the Facts About Your Legal Rights
If you or a loved one has suffered due to medical negligence or a personal injury, it’s important to separate fact from fiction. At Salenger, Sack, Kimmel & Bavaro, our experienced attorneys are here to provide the accurate information you need and help you pursue justice.