Common Myths About Personal Injury Cases Debunked

Debunking Legal Misconceptions in New York Personal Injury Claims

After an accident, most people feel extremely stressed out. They’re juggling pain, paperwork, bills, and the fear of what comes next. In the middle of all that, it’s easy to get misled by rumors, hearsay, or outdated legal advice. Myths about personal injury cases can spread quickly, and believing them can stop you from getting the support you deserve.

At Horn Wright, LLP, our personal injury attorneys represent injured clients across New York State every single day. We’ve seen how the wrong assumptions can lead people to miss deadlines, accept too little, or never file at all. Our goal is simple: take that stress off your shoulders and give you clear, accurate guidance. If you’ve been hurt, we’re here to help you understand the law and fight for what’s fair.

Myth #1: “If You’re Partially at Fault, You Can’t Recover Damages”

This is one of the biggest misconceptions in New York personal injury law. The truth? You can still recover compensation even if you’re mostly at fault.

New York follows a legal rule called pure comparative negligence. That means the court figures out how much each party is to blame, then reduces your compensation by that percentage. If you were 70% responsible for a car crash on the Long Island Expressway, you could still recover 30% of the total damages.

This applies across a wide range of injury claims:

• Car accidents
• Construction injuries
• Slip-and-falls
• Pedestrian or cyclist injuries

The key is proving the other party shares some level of fault. That’s where legal experience becomes essential.

Myth #2: “Personal Injury Cases Always Go to Trial”

When people think of lawsuits, they often imagine courtroom drama. In reality, most New York personal injury cases settle long before a trial begins.

Negotiation is often faster, less expensive, and more predictable. Insurance companies don’t usually want to risk going in front of a jury, especially in places like the Manhattan Supreme Court, where verdicts can be unpredictable.

Still, a strong legal strategy should prepare for both outcomes. If a settlement doesn’t fully cover your injuries, your attorney may recommend moving forward with litigation. But even then, most lawsuits resolve during pre-trial stages.

Myth #3: “You Can File a Claim Anytime After the Injury”

Many people delay taking legal action because they believe they have unlimited time. That’s a mistake.

New York has a strict three-year statute of limitations for personal injury cases. That countdown starts on the day of the injury, not when you discover its full effects. Once that window closes, courts will likely refuse to hear your case.

Some situations shorten that deadline:

• Claims against government agencies (e.g., MTA or NYPD) require a Notice of Claim within 90 days
• Medical malpractice cases may follow different timelines
• Minors or those with mental impairments may get extra time

If you’ve reported your injury at a local precinct or received care through NYC Health + Hospitals, start documenting everything immediately. Written records, treatment notes, and timelines often become critical when it’s time to support your claim.

Myth #4: “You Don’t Need a Lawyer If the Case Is Simple”

Even straightforward cases in New York can get complicated quickly. Insurance adjusters work hard to protect their bottom line, not yours. They’re trained to spot weaknesses in your claim and use them to justify lower payouts.

Hiring a personal injury lawyer in New York doesn’t just give you legal muscle. It gives you someone who understands how local courts operate, how to gather evidence, and how to build a strong, clear case.

Accident reports from the NYPD, surveillance footage, and witness statements matter, and without the right guidance, they can get overlooked or undervalued. A strong legal team makes sure every piece counts.

Myth #5: “You’ll Get a Big Payout Right Away”

Another common misconception is that settlement money arrives quickly. Unfortunately, that’s rarely the case.

Personal injury cases move through several phases:

1. Investigation and evidence gathering
2. Medical treatment and monitoring
3. Demand letters and negotiation
4. Possible litigation

If you’re receiving ongoing care through NewYork-Presbyterian or seeing specialists for long-term injuries, your case may take longer to resolve. That’s not a delay tactic, it’s often the only way to fully understand the future cost of your injuries.

Getting a fast check isn’t always in your best interest. A fair resolution takes time.

Myth #6: “Minor Injuries Aren’t Worth Pursuing”

Some people brush off back pain, soreness, or headaches after an accident. Then weeks later, they’re in a doctor’s office realizing things are worse than they thought.

Soft tissue damage, whiplash, or even concussions might not show serious symptoms right away. If you’ve experienced a minor accident in a grocery store or parking lot, don’t assume everything’s fine.

A few important truths:

• Medical bills can stack up quickly
• Minor injuries can cause long-term discomfort or loss of mobility
• Waiting too long to act can weaken your case

If something doesn’t feel right, speak to a doctor and document everything. Your future self will thank you.

Myth #7: “You Can’t Sue the Government for Injuries”

It’s absolutely possible to file a claim against a New York government entity, but the rules are stricter and the clock runs faster.

Whether you’ve slipped on poorly maintained subway stairs or been injured in an MTA bus crash, you have to file a Notice of Claim within 90 days of the incident. That’s your official warning to the city or state that you intend to seek compensation.

Once that’s filed, you still need to meet the standard three-year limit. The key difference is that missed early deadlines can cut your case off before it even begins.

Examples of government-related injury claims:

• Trip-and-fall on municipal sidewalks
• Bus collisions involving public transit
• Injuries on public school property

Knowing how to handle these claims and file them correctly can make or break your outcome.

Myth #8: “Hiring a Personal Injury Lawyer Costs Too Much”

Here’s what most people don’t realize: hiring a personal injury attorney in New York typically costs nothing upfront.

Attorneys work on a contingency fee basis. That means:

• You don’t pay anything out of pocket
• Your lawyer only gets paid if they win your case
• Their fee comes out of the settlement, not your bank account

This setup lets injured people, regardless of income, get access to legal help. New York Bar Association rules require clear, written agreements that explain this structure, so there are no surprises.

Legal support should feel empowering, not intimidating. When done right, it gives you peace of mind and levels the playing field.

Myth #9: “Only Physical Injuries Count”

Pain isn’t always visible. And in New York, emotional and psychological harm can be just as valid in a personal injury claim.

If you suffer anxiety, stress, or depression during recovery, these effects matter.

New York courts recognize non-economic damages like:

• Emotional distress
• PTSD
• Loss of enjoyment of life

With proper documentation from licensed therapists, mental health clinics, or support professionals, these injuries can form part of your case.

Myth #10: “Insurance Will Take Care of Everything”

You might expect your insurance company to be on your side. Unfortunately, their primary goal is protecting their own bottom line.

In New York State, adjusters often start low, delay paperwork, or challenge your version of events. They may suggest that your injury is unrelated, or that your treatment was excessive. If you’re not prepared, those tactics can reduce or deny your payout.

The reality is this:

• Insurance companies aren’t required to offer fair settlements
• Their initial offer is rarely their best
• Having a lawyer makes them take your claim seriously

It’s about protecting your right to a fair outcome. Insurance companies exploit common weaknesses in injury claims and rely on strategies to limit payouts whenever they can.

Get the Facts Before You Decide

Believing a myth can cost you time, money, and your peace of mind. The personal injury laws in New York State are built to protect injured people, but only if they act with the right information. If you’ve been hurt, don’t assume you already know the rules. Instead, take the time to understand your rights.

At Horn Wright, LLP, our attorneys help people across New York uncover the truth, cut through confusion, and build strong cases from day one. We’re here to answer your questions and guide you forward. If you’re ready to take the next step, contact us today.