Personal injury lawsuits are common in New York, with hundreds of cases filed yearly. Despite this, several misconceptions surrounding these lawsuits can prevent victims from seeking the justice they deserve.
Here, you will learn about seven common myths about personal injury lawsuits in New York.
Myth #1: Personal Injury Lawsuits are Only for Serious Injuries
Many believe personal injury lawsuits are only viable for severe injuries such as paralysis or traumatic brain injuries. However, this is not true. Any injury caused by another person’s negligence or intentional actions can lead to a personal injury lawsuit.
This includes injuries such as broken bones, cuts, bruises, and sprains. The severity of the injury will determine the amount of compensation awarded, but even minor injuries can result in significant financial losses.
Myth #2: Personal Injury Lawsuits are Only for Car Accidents
While car accidents are among the most common causes of personal injury lawsuits, they are not the only cause.
Personal injury lawsuits can be filed for injuries caused by slip and fall accidents, medical malpractice, defective products, workplace accidents, and many other incidents. It is important to consult with a personal injury lawyer to determine if you have a valid case.
Myth #3: You Can Only File a Lawsuit if You Were Injured Immediately
Some injuries may not become apparent until days or weeks after an accident. In some cases, injuries such as whiplash or concussions may not show symptoms until hours or days after the incident.
In New York, you have up to three years from the date of the injury to file a personal injury lawsuit. It is important to seek medical attention immediately following an accident and to document any symptoms that develop in the days and weeks following the incident.
Myth #4: You Can’t File a Lawsuit if You Contributed to the Accident
New York follows a comparative negligence rule, which means that the amount of compensation you can receive will be reduced by the percentage of fault assigned to you. This means that even if you were partially at fault for the accident, you may still be able to recover damages.
For example, if you were injured in a car accident but were found to be 25% at fault for the accident, you can still recover 75% of the damages.
Myth #5: Personal Injury Lawsuits are Expensive and Time-Consuming
Many people hesitate to file a personal injury lawsuit because they believe it will be expensive and time-consuming. However, most personal injury attorneys work on a contingency fee basis, which means they only get paid if you win your case.
Additionally, personal injury lawsuits are often settled outside of court, which can significantly reduce the time and expense involved. Your lawyer will work with the insurance company to negotiate a fair settlement compensating you for your losses.
Myth #6: You Don’t Need a Lawyer for a Personal Injury Lawsuit
While it is possible to represent yourself in a personal injury lawsuit, it is not recommended. Personal injury law is complex, and insurance companies have teams of lawyers working to minimize their liability.
With the guidance of an experienced lawyer, you may receive the full compensation you are entitled to. A personal injury lawyer can help you navigate the legal process, negotiate with insurance companies, and ensure you receive fair compensation for your injuries.
Myth #7: You Will Receive a Windfall from a Personal Injury Lawsuit
While it is true that personal injury lawsuits can result in significant compensation, it is important to remember that the purpose of a lawsuit is to compensate you for your losses, not to provide a windfall. Your lawyer will work to ensure that you are compensated for your medical bills, lost wages, and other expenses related to your injury.
They will also seek compensation for any future medical treatment or lost wages you may experience due to your injury. However, you will not be compensated for pain and suffering unless your injury meets certain criteria. Additionally, any compensation you receive will be reduced by any percentage of fault assigned to you.
Seeking Justice for Your Personal Injury
Personal injury lawsuits can be complicated, but they are essential for seeking justice if you have been injured due to another person’s negligence or intentional actions. By debunking these common myths, we hope to encourage more victims to seek the compensation they are entitled to. If you have been injured in New York, it is important to consult with an experienced personal injury lawyer as soon as possible.
They can evaluate your case, help you navigate the legal process, and ensure you receive fair compensation for your injuries. Remember, you don’t have to face this alone.