When injured, you are not only attempting to rehabilitate and get back in the physical condition you were prior to your injury, but are also dealing with medical bills and missed time from work. Because of this, you don’t need to be confused by misinformation as it relates to your injury and potential compensation. Consulting with a skilled personal injury lawyer will help put your mind at ease. They will evaluate the severity of your injury, your level of fault, and lay out your legitimate options in a well-organized and thoughtful manner.

Common Personal Injury Myths

1. You Cannot Afford a Lawyer

If you have been injured due to the negligence of another individual or business and are interested in filing a lawsuit, one of the biggest misconceptions is that you will be unable to afford a quality personal injury lawyer. In New York, the law allows lawyers to forgo their usual hourly rate in exchange for a contingency fee. A contingency fee does not cost you any out-of-pocket money. Instead, your personal injury lawyer will only be paid if you win or settle your case. The standard contingency fee related to personal injury cases in New York state is 33% of the entire settlement or award minus the costs that your attorney covered over the course of your case. 

2. To Receive Compensation You Will Have to Go to Trial

When considering filing a personal injury lawsuit, many people dread the thought of going through the potentially drawn-out process of a trial. The fact is that over 95%  of personal injury cases settle prior to the start of a trial.

3. You Can File a Personal Injury Lawsuit at Any Time

Many people that would otherwise be entitled to compensation for injuries they incurred at the hands of others, lose out because they waited too long to file. The law in New York allows a personal injury lawsuit to be initiated up to three years following the discovery of the injury.

4. You Do Not Need a Lawyer Because You Have Insurance

While it is true that you may be able to receive compensation for your injuries by going through an insurance carrier, that is not always the best option. A skilled personal injury lawyer will go over all of your available options with you to determine which course of action is best for your particular circumstance. An insurance claim differs from a personal injury lawsuit in that it is a formal request asking for payment from the insurer whereas a lawsuit is filed against the party responsible for your injuries.

5. You Should Not File a Lawsuit Because You are Partly Responsible for Your Injury

The law in New York follows a pure comparative negligence system. This means that your level of contribution to your injury will not be an absolute bar to recovery in a personal injury lawsuit. Instead, your damage award will be reduced in proportion to your level of fault as determined by the court.

Beyond recovering from your injuries, getting the justice you deserve is of the utmost importance.  Put yourself first by meeting with a quality personal injury lawyer. MacVean, Lewis, Sherwin & McDermott, P.C. in Middletown, NY, have been in business for over 130 years and have collected millions of dollars in compensation for their clients. For an evaluation of your case and recovery potential, call (845) 343-3000 today for a free consultation.