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Car Accident Lawyers in White Plains, NY

Car accidents can turn your life upside down. Get a legal team that fights aggressively to protect your rights and pursue the compensation you deserve.

Stanley A. Tomkiel, IIIMatthew Tomkiel
Car Accidents
  • Prenatal and Perinatal Care Complications


    Cerebral Palsy suffered by triplets due to medical malpractice in their prenatal and perinatal care and treatment.

  • birth injury


    Verdict for child and parent for Brainstem injury with developmental delays resulting from mismanagement of shoulder dystocia during delivery of newborn.

  • Diagnostic Delay Case


    Delayed diagnosis of meningitis in toddler causing hearing loss with cochlear implants.

Table Of Contents

How Our Car Accident Attorneys Will Handle Your Case

A car crash can leave you overwhelmed, injured, and facing stacks of paperwork and confusing insurance claims. It’s easy to feel lost, but you don’t have to go through this alone. Our skilled car accident lawyers will:

Investigate the Accident

We'll gather evidence, talk to witnesses, and analyze police reports to understand who was at fault and build a strong case on your behalf.

Negotiate with Insurance Companies

Insurance companies often try to lowball settlements, but we'll fight aggressively to negotiate the maximum compensation you're entitled to receive.

Handle All Legal Complexities

We'll manage paperwork, deadlines, and legal jargon, letting you focus on recovering from your injuries.

If the insurance company refuses to offer a fair settlement, we are prepared to take your case to trial for the justice you deserve.

Experienced in Complex Car Accidents: We’re Ready for Your Case

White Plains sees a wide range of car accidents, from minor fender benders to serious, complex collisions. Our legal team has extensive knowledge and skill to handle any type of accident, including:

  • Rear-end collisions
  • Side-impact crashes
  • Head-on collisions
  • Multi-vehicle accidents
  • Distracted driving accidents
  • Accidents involving trucks or commercial vehicles

No matter how your car accident occurred, we’ll investigate thoroughly and use our knowledge to fight for your rights.

Understanding Car Accident Lawyer Fees in White Plains

Most car accident lawyers, including our firm, work on a contingency fee basis. Here’s what that means for you:

No Upfront Costs

You don't pay any fees unless we win compensation for you.

A Percentage of Your Settlement

If we successfully recover compensation, our fee is a percentage of the settlement or verdict.

Free Consultations

We offer free consultations to discuss your accident, outline your legal options, and explain our fees with complete transparency.

The cost of a car accident attorney shouldn’t deter you from getting the legal representation you need. The potential benefits far outweigh the costs. An attorney can help secure significantly more compensation than you’d likely get on your own.

Get the Maximum Compensation for Your Car Accident

Don’t settle for less than you’re owed. Our White Plains auto accident lawyers have a proven track record of securing fair settlements and verdicts for car accident victims. Let us put our experience to work for you.


Don’t Underestimate Car Accident Injuries: From Mild to Life-Changing

Broken Bones

Fractures in the arms, legs, ribs, and face are common in car accidents due to the force of impact.

Brain Injuries

Traumatic brain injuries (TBIs) can range from mild concussions to severe damage, affecting memory, cognition, and behavior.

Spine Injuries

Spine injuries range from whiplash (neck strain) to spinal cord damage that can lead to paralysis.

Burn Injuries

Burns can occur in accidents with fires or explosions and may cause severe scarring and disfigurement.

Catastrophic Injuries

These are devastating injuries with permanent effects, often including brain damage, paralysis, or loss of limbs.

Knee Injuries

Impacts with car dashes can cause ligament tears, kneecap dislocations, or fractures around the knee joint.

Paralysis Injuries

Severe spinal cord damage can lead to partial or complete paralysis (tetraplegia/quadriplegia or paraplegia).

& More

Other injuries include internal organ damage, cuts, lacerations, and soft tissue injuries (muscles, ligaments, tendons).

Wrongful Death in a Car Accident: What to Do If You’ve Lost a Loved One

When an accident is caused by someone else’s negligence, the grief of losing a loved one in it can be compounded by anger and a sense of injustice. You may be able to file a wrongful death lawsuit to hold the responsible party accountable and seek compensation for your losses, such as funeral expenses, lost income, loss of companionship, and emotional distress.

The right to file a wrongful death claim depends on your relationship with the deceased. Spouses, parents, children, and those who depended financially on the deceased can typically file a wrongful death claim.

A car accident attorney focusing on wrongful death cases can guide you through the complex process, build a strong case, and advocate for your interests.

Avoidable Accidents: What Leads to Most Car Crashes?

Car accidents happen for a variety of reasons, but many are preventable. Here are some of the most frequent causes:

Distracted Driving

Texting, phone calls, eating, adjusting the radio — any activity that takes your focus off the road increases the risk of an accident.


Driving above the speed limit or too fast for conditions reduces available reaction time and makes it harder to control a vehicle.

Aggressive Driving and Recklessness

Tailgating, weaving in and out of traffic, or running red lights creates dangerous situations for all road users.

Impaired Driving

Driving under the influence of alcohol or drugs impairs judgment, coordination, and reaction time.

Drowsy Driving

Fatigued drivers are at an increased risk of nodding off or making poor decisions behind the wheel.

Weather Conditions

Rain, snow, ice, or fog can affect visibility and road traction, making it more difficult to drive safely.

Vehicle Malfunctions

Brake failures, tire blowouts, or other mechanical issues can lead to sudden loss of control.

Many accidents involve a combination of factors. Our lawyers can help determine the specific causes of your accident to build a strong case.

Understanding Liability: Who’s Responsible After a White Plains Car Crash?

New York is a no-fault insurance state, but that doesn’t mean fault isn’t important. Determining who’s liable in a White Plains car accident is crucial for compensation. Here’s how it works:

  • No-Fault Coverage: Your own PIP insurance covers basic medical bills and lost wages, regardless of who caused the accident
  • Seeking Additional Compensation: If your injuries are severe or exceed your no-fault coverage, you may sue the at-fault driver for damages like pain and suffering
  • Proving Negligence: To win, you need to prove the other driver was negligent, meaning their actions (or inactions) directly caused the accident

New York follows pure comparative fault rules, which means that even if you were partially at fault, you could still recover compensation in a lawsuit, but your award will be reduced by your percentage of responsibility.

Lawsuits against at-fault parties in car accident cases commonly address other drivers, pedestrians, and cyclists. Your lawyer might also help you claim damages from government entities if poor road maintenance contributed to the crash or vehicle manufacturers if faulty parts caused the accident.

Understanding Car Accident Damages: What You Can Recover

The damages available after a White Plains car collision depend on the severity of your injuries and how they impact your life. Potential compensation is typically divided into economic and non-economic damages. Economic damages compensate you for tangible losses, such as:

  • Medical Expenses: Current and future costs for treatment, rehabilitation, medication, and assistive devices.
  • Lost Wages: Income lost due to being unable to work because of your injuries.
  • Lost Earning Capacity: If your injuries permanently affect your ability to earn the same income as before the accident.
  • Property Damage: Costs to repair or replace your damaged vehicle.

Non-economic damages are intended to pay you for the intangible losses you experienced as a result of your accident. They often encompass:

  • Pain and Suffering: Physical and emotional pain resulting from the injuries.
  • Mental Anguish: Anxiety, depression, PTSD, and other psychological effects of the accident.
  • Loss of Enjoyment of Life: Inability to engage in activities you previously enjoyed due to your injuries.
  • Loss of Consortium: Compensation for the loss of companionship and support your loved ones would have had.

The severity of your injuries, as well as the limits of the insurance policies involved, play large roles in the amount of economic and non-economic compensation you can receive. A lawyer can analyze the specifics of your case and give you an estimate of your potential settlement.

Act Fast: Know the Deadline for Filing Your Car Accident Claim

The statute of limitations is a crucial deadline for filing a lawsuit. In New York, you generally have three years from the date of the accident to file a personal injury lawsuit. 

However, shorter deadlines may apply in certain cases, such as in accidents involving a municipality or government agency. In those situations, you may need to file a notice of claim within a much shorter timeframe (potentially as little as 90 days).

Wrongful death cases may also have a different statute of limitations — typically two years instead of three.

Why Time Matters

If you miss the statute of limitations, you likely lose your right to sue for compensation, even if you have a strong case. Don’t risk it; consult an attorney as soon as possible. Our car accident lawyers can help you understand the specific deadlines that apply to your case and ensure you file your lawsuit on time to protect your rights.

Car accident attorney White Plains NY

Insurance Company’s First Offer: Is It Enough After Your Car Crash?

Insurance companies are businesses focused on minimizing payouts. After a White Plains car accident, you’ll likely receive a quick settlement offer. Here’s why you should be cautious:

  • First Offers Are Often Low: The initial offer aims to resolve the claim quickly, likely underestimating the full cost of your injuries and their long-term impact.
  • Hidden Damage: Some injuries, like whiplash, might have delayed symptoms, so accepting too early could mean you miss out on compensation you deserve.
  • Future Impact: The settlement needs to cover any long-term effects on your ability to work or your quality of life.

It’s important to understand that once you accept a settlement, you usually give up the right to seek further compensation, even if unforeseen costs arise.

Understanding No-Fault Benefits: Your Rights After a Car Crash

New York is a “no-fault” insurance state. This means your own car insurance provides basic compensation after an accident, regardless of who was at fault. File your no-fault application within 30 days of the accident to receive benefits that cover:

  • Medical Expenses: Up to $50,000 per person for necessary medical treatment and rehabilitation.
  • Lost Wages: Up to 80% of your lost income with a maximum of $2,000 per month.
  • Other Expenses: Up to $25 a day for costs like transportation to medical appointments.

No-fault benefits don’t cover pain and suffering or damage to your vehicle. You may be able to sue the at-fault driver for these damages if your injuries meet New York’s “serious injury” threshold.

Understanding NY’s Serious Injury Threshold

New York’s “serious injury” threshold determines your right to sue for additional compensation beyond no-fault benefits after a car accident. You must prove you’ve sustained a “serious injury” as defined by law, such as:

  • Death
  • Dismemberment
  • Significant disfigurement
  • Fracture
  • Loss of a fetus

Serious injury also includes functional impairments defined as:

  • Permanent Loss of Use: Loss of function of a body organ, system, or limb.
  • Permanent Consequential Limitation: Significant restriction of a body function or system.
  • Significant Limitation of Use: A medically determined impairment preventing most of your usual daily activities for at least 90 days within the 180 days following the accident.

This category is important because no-fault benefits only cover economic losses like medical bills and lost wages, not pain and suffering. If you meet the serious injury threshold, you may sue the at-fault driver for pain and suffering, emotional distress, and other non-economic damages.

Proving a serious injury can be complex. Our car accident attorneys will analyze your medical records, consult with experts, and build a strong case to demonstrate that you meet the threshold.

Car crash lawyer White Plains NY

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Why You Should Choose Tomkiel & Tomkiel

40+ Years of Experience

Proven track record of securing fair compensation for car accident victims.

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Consultations in your home, hospital, or wherever is convenient.

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Flexible virtual appointments to fit your schedule.

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Here when you need answers, day or night.

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Your Road to Recovery Starts Here

Let’s get started on your case. Contact us today for a free consultation and start your journey toward the compensation you deserve.

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