Debunking Top 5 Myths About Personal Injury Law In New York

Navigating personal injury law can be complicated, especially since there are so many myths that obscure it. To clear up some common misconceptions, we’ve addressed the top five personal injury law myths in New York. In this article, you can discover…

• The types of injuries that qualify for a personal injury claim.
• Whether your personal injury claim is likely to go to trial.
• Why hiring a personal injury attorney is worth the expense.

Myth # 1: You Have To Be Severely Injured To File A Personal Injury Claim In New York

This is often misunderstood, especially in the context of car accidents in New York. The state follows the threshold rule under its no-fault insurance law. If you suffer only minor injuries in a car accident, your own insurance company will typically cover the costs, and you won’t need to file a lawsuit. To file a claim against the other driver’s insurance, you generally need to have more significant injuries that meet the state’s threshold.

However, this threshold applies only to car accidents. For injuries that result from incidents like slip-and-falls or other forms of negligence, the severity of the injury matters less. That said, if you only have a minor injury, like a splinter, it’s unlikely to justify a claim.

Myth # 2: You Can’t File A Personal Injury Claim If You Were Partially At Fault For The Accident

This is a myth. You can still file a claim, but there are conditions. In New York, as long as you are less at fault than the other party, you can file a lawsuit. The other party must be more at fault than you to pursue a successful claim.

Myth # 3: Your Claim Will Automatically Go To Trial

No, and, in fact, it’s extremely unlikely that your case will go to trial. The overwhelming majority of personal injury cases settle long before they ever reach a courtroom. Statistically, only about 1 to 2 percent of personal injury claims proceed to trial, and those that do often take a year or more to get there.

Once you hire an attorney, their first priority is to guide you through your medical treatment and ensure you’re on the path to recovery. After your treatment is complete or as you near the statute of limitations, typically three years for auto accidents and two years for most other personal injury claims, your lawyer will prepare and send a demand letter to the other party’s insurance company. This letter initiates the negotiation process, which is where most cases find resolution.

While settling may be in your best interest, it’s important to be cautious, as insurance adjusters may initially offer low settlements. Fortunately, with an experienced attorney advocating on your behalf, you stand a much better chance of receiving a fair and favorable outcome.

David Pigott, founding attorney at Pigott Law Group in New York, brings years of hands-on experience navigating the complexities of personal injury law across the state. Having represented countless clients through everything from car accidents to slip-and-falls, Mr. Pigott understands the legal nuances that separate fact from fiction. His firm has secured fair outcomes for individuals who initially believed they had no case at all.

If you've been injured and are unsure of your rights, contact Pigott Law Group today to get the answers and the advocacy you deserve.

Myth # 4: There Are Strict Caps On Damages In New York Personal Injury Cases

In most cases, there is no cap on damages in New York personal injury cases. The amount you can recover typically depends on the severity of your injuries and the specifics of your case. There are exceptions based on the type of injury or accident, but as a general rule, you’re not limited by a set damage cap.

Myth # 5: Hiring A Good Attorney For A Personal Injury Case Is Too Expensive

No, hiring an attorney is generally not as expensive as people think. Personal injury lawyers typically work on a contingency fee basis. This means you don’t pay upfront. Instead, your lawyer only gets paid if you win the case. The lawyer’s fee is a percentage of the amount they recover for you. This ensures that your attorney is motivated to get the best possible result.

The Most Common Personal Injury Law Myth We Encounter

Perhaps the most common myth out there is that hiring an attorney for a personal injury case is too complicated or too expensive. By extension, many tend to think that handling a claim yourself will lead to a better outcome financially.

While it’s true that you don’t have to pay an attorney out of pocket, many people think they can negotiate with the insurance company on their own and get the same result as a lawyer would. Studies show that hiring a lawyer will likely result in a larger settlement, often enough to cover the attorney’s fees and still leave you with more money in your pocket.

For example, if an attorney helps you recover $90,000 and takes a third, you’ll still walk away with $60,000. Without a lawyer, the insurance company might offer much less, potentially leaving you with far less than what you deserve.

Understanding the truth behind these common myths can empower you to make more informed decisions about your personal injury case. Although the legal process may seem complex or unfamiliar, working with a skilled attorney can provide clarity and dramatically improve your chances of a successful outcome.

Still Have Questions? Ready To Get Started?

For more information on personal injury law myths in New York, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (716) 919-4100 today.