Dutchess County Personal Injury Lawyer

Nothing up front. We handle personal injury cases on a contingency fee, which means our fee comes out of the recovery and you owe no attorney’s fee if we do not recover for you. The standard contingency fee in a New York personal injury case is one third of the net recovery. Medical malpractice cases are different and are capped by statute: Judiciary Law 474-a sets a sliding scale of 30% of the first $250,000, 25% of the next $250,000, 20% of the next $500,000, 15% of the next $250,000 and 10% of any amount over $1,250,000. Your written retainer will state the fee and how case expenses are handled before you sign anything.

Yes, in most cases. New York is a no-fault state, and Insurance Law 5104(a) bars a lawsuit for pain and suffering arising from a motor vehicle accident unless the injury meets the serious injury threshold defined in Insurance Law 5102(d). That definition includes death, dismemberment, significant disfigurement, a fracture, loss of a fetus, permanent loss of use of a body organ member function or system, permanent consequential limitation of use of a body organ or member, significant limitation of use of a body function or system, and a medically determined injury that prevents you from performing substantially all of your usual daily activities for at least 90 of the 180 days following the accident. Whether an injury meets the threshold is a medical and legal question, and it is one of the first things we evaluate.

New York no-fault benefits under Insurance Law 5103 pay basic economic loss up to $50,000 per person regardless of who caused the crash, covering medical treatment, a portion of lost earnings and certain other necessary expenses. The deadlines are strict and easy to miss. You must file the no-fault application, form NF-2, with the insurer within 30 days of the accident, and medical providers generally must submit bills within 45 days of treatment, under the no-fault regulations at 11 NYCRR 65-1.1. Missing the 30-day window can cost you benefits you are otherwise entitled to, which is why we tell people to call before they file anything.

Yes. New York follows pure comparative fault under CPLR 1411, which means your recovery is reduced by your percentage of fault but is never eliminated by it. A client found 40% responsible for a crash still recovers 60% of the damages awarded. Comparative fault is an affirmative defense the other side has to plead and prove under CPLR 1412, and insurance carriers routinely overstate it early in a claim to depress the settlement value. Do not accept an adjuster’s assessment of your share of fault as final.

Often, yes. Workers’ Compensation Law 11 generally prevents you from suing your own employer, but it does not prevent a claim against other responsible parties such as the property owner, the general contractor or another subcontractor. New York gives injured construction workers unusually strong protections. Labor Law 240(1), the scaffold law, imposes absolute liability on owners and contractors for gravity-related injuries from falls or falling objects where proper protection was not provided. Labor Law 241(6) imposes liability for violations of specific Industrial Code safety regulations, and Labor Law 200 codifies the general duty to provide a safe workplace. These third-party claims are frequently worth far more than the compensation benefits alone.

Most cases that resolve without trial settle within six to eighteen months of the date we are retained. The timeline depends on how long you are actively treating, because we generally do not value a case until your medical condition has stabilized and the full extent of the injury is known. Cases that require suit, discovery, depositions and a trial date take longer, often two to three years in Dutchess, Putnam and Orange County courts. We would rather take the time to develop a case properly than accept an early offer that does not account for future treatment.

A wrongful death action in New York is brought by the personal representative of the decedent’s estate on behalf of the distributees, and it must be filed within two years of the date of death under EPTL 5-4.1. New York’s wrongful death damages are limited by EPTL 5-4.3 to pecuniary losses, meaning the economic value of the support, services, parental guidance and inheritance the distributees lost, rather than grief or loss of companionship. A separate survival claim brought on behalf of the estate can recover for the decedent’s conscious pain and suffering before death. Establishing those losses generally requires economic and vocational expert work, and it is the difference between a nominal recovery and a full one.

Generally no, for the part of the recovery attributable to physical injury or physical sickness. Internal Revenue Code 104(a)(2) excludes those damages from gross income. Several components are treated differently: punitive damages are taxable, interest on a judgment is taxable, and amounts previously deducted as medical expenses can be taxable to the extent of the prior tax benefit. Compensation for emotional distress not stemming from a physical injury is also generally taxable. We structure settlements with these distinctions in mind and recommend you review any significant recovery with a tax professional.

Get medical attention, even if you feel able to walk away. Gaps in treatment are the first thing an insurance carrier uses to argue you were not badly hurt. Report the accident and make sure a police or incident report is created. Photograph the scene, the vehicles or the hazard, and your visible injuries. Get the names and phone numbers of any witnesses, because they become nearly impossible to find later. Do not give a recorded statement to the other party’s insurer and do not accept an early settlement offer before anyone knows the full extent of your injuries. Then call us at (845) 896-5200 for a free review.