Sustaining an injury in New York due to negligence often leads to considering pursuing a personal injury lawsuit. However, common myths and misconceptions can prevent victims from seeking deserved compensation. Falsehoods about lawsuit duration or fault create anxiety and hesitation. Clarifying the complexities of New York personal injury law and connecting with an experienced New York City Personal Injury Attorney is the critical first step to protecting your rights and securing a fair outcome.
How to Separate Fact from Fiction in New York Personal Injury Claims?
One of the biggest myths about personal injury lawsuits in New York is that if you don’t feel pain right away, you don’t have a case. However, adrenaline can mask symptoms for hours or even days. Soft-tissue injuries, concussions, whiplash, and certain internal injuries may not be immediately apparent. A delayed onset of symptoms is a common physical response to trauma and does not mean that a person is exaggerating or “faking” their injury.
Prioritizing a prompt medical evaluation is crucial for both your health and the strength of your legal claim. Delays in seeking care can harm your case, as insurance companies often use this to argue that your injuries are not genuine or were caused by something that happened after the accident. By seeing a doctor immediately, you establish an undeniable connection between the incident and your injuries. Even if you feel fine, a medical check-up is a wise move for safeguarding your well-being and your legal rights.
Another common misunderstanding is that if you contributed to an accident, you are automatically ineligible for compensation. This is often not the case. New York adheres to the concept of pure comparative negligence. This rule states that your total compensation will be reduced by a percentage equal to your degree of fault, but not necessarily eliminated. For instance, if a court determines you were 20% responsible for an accident with $100,000 in total damages, your final award would typically be adjusted down to $80,000.
Beyond these common misconceptions, numerous other myths surrounding personal injury lawsuits exist, making it crucial to connect with an experienced attorney who can accurately separate fact from fiction.
Can the Statute of Limitations Cut Off Your Rights?
In New York, there are strict time limits, known as the statute of limitations, for filing a personal injury lawsuit. If you fail to meet this deadline, your claim will be permanently barred, regardless of its merits. The general rule for personal injury is three year staute of limitations from the injury date, but exceptions exist, like two years and six months for medical malpractice and strict 90-day notice periods for claims against municipalities.
Keep in mind that the sooner you speak to an attorney, the more likely it is that critical evidencecan be preserved and establish a strong foundation for your case. Contact an attorney at Swerling Law today for guidance and skilled representation during these difficult times.