When it comes to personal injury claims in New York, there are many misconceptions that can lead victims astray. These myths can prevent individuals from seeking the legal representation they deserve or cause them to have unrealistic expectations about the claims process.
Find out if you have a claim by setting up a free – no obligation consultation with one of our skilled and knowledgeable attorneys. Omni Injury and Accident Law, P.C. can expedite the process of filing and negotiating a fair settlement.
Myth 1: You need to go to court to receive compensation.
Fact: Most personal injury cases in New York are settled out of court. This means that an agreement is made for both the victim and the at-fault party agree is a fair settlement without going to a judge. An experienced accident attorney can negotiate on your behalf to help you obtain the compensation you deserve without the stress and uncertainty of a court battle.
Myth 2: You can’t afford to hire a personal injury attorney.
Fact: Most personal injury attorneys in New York work on a contingency fee basis. In other words, they need to win in order to get compensated. Typically, the attorney will take a percentage of the final settlement or award as their fee. This arrangement allows victims to access legal representation without having to pay upfront costs, making it more affordable for those who have been injured due to someone else’s negligence.
Myth 3: Personal injury claims are only for severe injuries.
Fact: You don’t need to have suffered a catastrophic injury to file a personal injury claim in New York. While severe injuries may result in higher compensation amounts, if you’ve suffered any type of injury that has resulted in medical expenses, lost wages, or pain and suffering, it’s worth consulting with a personal injury attorney to discuss your legal options.
Myth 4: The insurance company will offer a fair settlement.
Fact: Insurance companies are in the business of making money, and they often try to minimize the amount they pay out on claims. The first settlement offer from an insurance company is likely to be much lower than what your case is actually worth. An experienced personal injury attorney can assess the true value of your claim and negotiate with the insurance company to help you receive a fair settlement that covers all of your damages, including medical expenses, lost wages, and pain and suffering.
Myth 5: You can’t file a claim if you were partially at fault for the accident.
Fact: New York follows a standard comparative negligence rule, which means that you can still file an accident claim if you were partially at fault for the accident. However, your compensation will be determined by the amount of fault that is yours. For example, if you were determined as 25% at fault for an accident with $100,000 total damages, your compensation could be up to $75,000.
Myth 6: Personal injury claims take years to resolve.
Fact: The length of time it takes to resolve a personal injury claim in New York varies depending on the complexity of the case and the willingness of the parties to reach a settlement. While some cases may take years to resolve, many claims are settled within several months to a year.
With more knowledge on the legal process for personal injury claims in New York, victims can make more informed decisions when facing such a traumatic event. If you or a loved one has been injured due to someone else’s negligence, call us at 646-736-4184 to speak with a knowledgeable personal injury attorney at Omni Injury and Accident Law, P.C. Let our compassionate team of professionals guide you through the claims process and help you gain a fair settlement for your injuries. Contact us today for a free consultation.