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Very few drivers believe that everyone on the road is perfect. However, you likely expect drivers around you to take proper precautions to avoid crashes. Sadly, this is not always the case, and when another driver acts recklessly, you may need a car accident attorney to protect your rights.
If another driver behaved negligently, whether by driving drunk, texting, or ignoring traffic laws, and you are injured because of their actions, you may have a right to file a personal injury claim.
Michael A. Fakhoury, Esq., P.C. is a boutique law firm located in Fishkill, and our personal injury practice serves people across Dutchess County.
When involved in a car crash, knowing what to do next can be confusing. Here are steps that may help protect your health and your claim:
Call 911 and ask for medical help. Some injuries, such as concussions, may not show up right away. Follow your treatment plan and keep your medical records.
Get a detailed accident report and ensure that all physical injuries you suffered and damage to your property are recorded. A police report may help show what happened.
Documenting ensures that you have a timeline of the event that took place. Try to take as many photos of the accident site as possible, note the date and time, note weather conditions, and maintain a diary of your doctor visits, symptoms, etc.
Witnesses can help support your account of the crash. So, ensure you take their names and contact information.
Tell your own insurance company about the crash soon. In New York, you generally must send a no-fault application within 30 days of the accident, health care bills within 45 days, and lost earnings claims within 90 days. Late notice is sometimes excused, but do not count on it. You generally do not have to give the other driver’s insurer a recorded statement.
If you were hurt in a car accident, consider speaking with an attorney before you talk with the other driver’s insurance company.
A car accident lawyer in Dutchess County can help you pursue compensation for pain and suffering, emotional distress, and medical expenses, including by filing a personal injury lawsuit when that is appropriate. To recover, you generally must show that the other driver was negligent, which means they did not use reasonable care.
If you’ve been injured in a car accident in Dutchess County, you may have several legal options available to recover compensation. These can include:
Medical Expenses: Coverage for emergency care, hospital stays, surgeries, rehabilitation, and ongoing treatment related to your injuries.
Pain and Suffering: Damages for the physical pain and emotional distress caused by the accident and its aftermath, if you meet New York’s serious injury rule.
Property Damage: Reimbursement for repairs or replacement of your vehicle and any other damaged personal property.
In New York, no-fault insurance typically covers your basic medical bills and lost wages regardless of who caused the accident. Basic no-fault pays up to $50,000 per person in total for basic economic loss, which includes medical costs, 80 percent of lost earnings up to $2,000 a month for up to three years, and some other expenses. However, if you’ve suffered a serious injury as defined by New York law, you may also have the right to file a personal injury lawsuit against the at-fault driver to recover additional damages, including pain and suffering.
Under Insurance Law § 5102(d), a serious injury includes death, dismemberment, significant disfigurement, a fracture, loss of a fetus, permanent loss of use of a body organ, member, function or system, a permanent consequential limitation of use of a body organ or member, or a significant limitation of use of a body function or system. For lawsuits started on or after May 26, 2026, New York removed the 90/180-day category from this list.
Insurers may question whether an injury meets these terms, so clear medical records matter. Under CPLR § 1411(b), added in 2026, an injured person in a motor vehicle personal injury lawsuit started on or after May 26, 2026 may be barred from recovery if found more at fault than the other driver or drivers combined.
According to the Dutchess County Transportation Council’s Transportation Safety Action Plan, Dutchess County had 114 fatal crashes and 1,041 serious injury crashes from 2019 to 2023. The Council’s crash data analysis also found that intersection crashes made up 47 percent of fatal and serious injury cases from 2014 to 2023.
Injury lawsuits may be filed in Dutchess County Supreme Court, at 10 Market Street in Poughkeepsie. Our only office is in Fishkill. Our city pages cover injury help in Beacon, Hyde Park, Poughkeepsie, Rhinebeck, and Wappingers Falls.
Car accidents often cause injuries that range from minor to life-threatening. As auto accident lawyers, we see cases involving:
Depending on the case, you may be able to seek compensation for medical care, emotional distress, lost wages, permanent disability costs, and wrongful death.
Settlement amounts vary depending on the details of the accident. We do not quote averages, because no two claims are alike. Several factors influence settlement amounts, including:
Most claims start with your own no-fault coverage. If your injury meets the serious injury rule, a claim may follow against the at-fault driver’s insurance. New York’s required minimum bodily injury liability coverage is $25,000 per person and $50,000 per accident, so a serious crash can exceed it. Your own supplementary uninsured/underinsured motorist (SUM) coverage (optional) or uninsured motorist coverage (required) may help.
Evidence supports every path. Keep photos, the police report number, medical records, repair estimates, pay records, and witness names. Nearby camera video may be erased quickly. If unsure about your claim’s value, consult a Dutchess County car accident attorney for a free evaluation.
A crash can leave you hurt, worried about bills, and unsure what to do next. I have practiced law in Fishkill since 1999, and I listen first and explain your options in plain language. Our firm is small on purpose. We turn down more cases than we accept, and we prepare every case as if it may go to trial. I treat every client personally. You are never just a case number. I take the time to investigate each case thoroughly, gathering critical evidence. A member of our staff speaks Spanish and can help Spanish-speaking clients. You can find our Fishkill office on Google Maps at 725 US-9.
Cases We Consider:
Here are some frequently asked questions.
Avoid admitting fault or guessing about what happened, and stick to basic facts. You generally do not have to give the other driver’s insurer a recorded statement, and you may want to speak with a lawyer first.
Most injury lawsuits must be started within three years of the accident. Shorter deadlines can apply, such as for claims against a government body, where a notice of claim is generally due within 90 days and the lawsuit generally within one year and 90 days.
Sometimes. Your damages are reduced by your share of fault, and in many car accident lawsuits started on or after May 26, 2026, you may be barred if you were more at fault than the other driver or drivers combined.
New York has no single cap in most car accident cases, but limited exceptions exist. For lawsuits started on or after May 26, 2026, Insurance Law § 5104(d) caps non-economic damages at $100,000 for an at-fault injured person who was driving an uninsured vehicle, or who was convicted of impaired driving or of a felony committed at the time of the crash, subject to the statute’s conditions.
Whether you suffer serious injuries or need a car accident lawyer for your injury cases, I am here to help you understand your options. Call my firm today if you are looking for dedicated auto accident lawyers who care about you. Some deadlines are short, so it helps to call early. Call 845-896-5200 for a free consultation to take the first step towards healing and recovery. Let me be a car accident attorney in Hudson Valley who stands by your side.
We’re here to help you. Contact us today for a free no-obligation consultation to talk about your car accident. Call (845) 896-5200
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Contact Us Today
Tell us what happened and we will tell you honestly whether you have a claim. The consultation is free, it puts you under no obligation, and if we take your case you owe no attorney’s fee unless we recover for you.
Call (845) 896-5200 or send us your information and we will get back to you within one business day. Our office is at 725 US-9, Fishkill, NY 12524.
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