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Car Accident Lawyers in Yonkers, NY

A car accident in Yonkers can change your life in seconds. If another driver's negligence caused your accident, you shouldn't have to shoulder the related burdens alone. Our skilled car accident lawyers will fight for your rights, helping you navigate this difficult time and seek the compensation you deserve.

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

    $140M

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

  • birth injury

    $60M

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

  • Diagnostic Delay Case

    $13M

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

Table Of Contents

Get Back on Track: How Our Car Accident Attorneys Help You Recover

Our car accident lawyers understand the confusion you likely feel after an accident and are here to provide guidance and support every step of the way. Here's how we'll work tirelessly on your behalf:

Investigate Your Accident

We'll gather evidence, interview witnesses, and determine who's liable for your injuries.

Handle the Insurance Companies

We'll manage all communications with insurance adjusters, fighting to protect your rights and negotiate for maximum compensation.

Value Your Claim

We'll assess the full extent of your damages, including medical expenses, lost income, and pain and suffering.

Our lawyers have experience, skill, and a no-nonsense approach to getting real results. We put those attributes to use when negotiating on your behalf and will do everything in our power to help you get the compensation you deserve without going to court. However, if a fair settlement can't be reached, we're prepared to take your case to trial and advocate passionately for your interests. 

No Matter the Crash, We're Here to Help: Our Yonkers Car Accident Experience

Car accidents come in all shapes and sizes, from fender benders to serious collisions. If you've been injured due to someone else's careless driving, we want to hear your story. Our experienced attorneys handle a wide range of car accident cases, including:

Rear-End Collisions

One of the most common types of accidents, often caused by distracted driving or tailgating.

Head-On Collisions

These high-impact crashes can result in devastating injuries.

Intersection Accidents

Misjudging traffic signals or failing to yield can lead to dangerous T-bone crashes.

Sideswipe Accidents

Lane changes and merging errors can cause sideswipe accidents with significant damage.

Multi-Vehicle Accidents

These complex cases often involve questions about who's at fault.

We're committed to helping you, regardless of the type of accident you've suffered. Our team maintains connections with a strong network of professionals with varied backgrounds who can analyze the circumstances surrounding your case and provide evidence in your favor. 

Understanding Car Accident Lawyer Costs in Yonkers

The aftermath of a car accident is stressful enough without worrying about how to pay for a lawyer. The good news is that most car accident attorneys in Yonkers, including our firm, work on a contingency fee basis. Here's what that means:

  • You Don't Pay Anything Up Front: There are no out-of-pocket costs or hourly fees when you choose a contingency-based lawyer.
  • We Only Get Paid If You Do: Our fee is a percentage of the settlement or compensation we secure for you. If we don't win your case, you don't owe us anything.
  • Free Consultations: Most attorneys offer free initial consultations to discuss your case and explain their fee structure clearly.

This system helps level the playing field, allowing you to get the skilled legal representation you deserve, regardless of your immediate financial situation.

Need Help After a Yonkers Car Crash? We're Here for You

We understand how overwhelming a car accident can be. You're not alone. Our team is here to guide you through the legal process and fight for the best possible outcome. If you've been injured in a Yonkers car crash, don't hesitate to reach out for a free consultation.

GET FREE CASE REVIEW

What Are Common Injuries You Can Sustain in a Car Accident?

Car accidents can cause a wide range of injuries, from minor aches and pains to life-changing medical conditions. Understanding the potential types of injuries is important for getting the right medical care and protecting your legal rights.

Broken Bones

Fractures in the arms, legs, ribs, and collarbone are frequent in car accidents.

Brain Injuries

Even seemingly minor concussions can have lasting effects. More severe traumatic brain injuries (TBIs) can drastically alter a person's life.

Spine Injuries

Damage to the spinal cord can result in loss of sensation, mobility issues, or even paralysis.

Burn Injuries

Fires or contact with hot surfaces can lead to severe burns requiring specialized treatment.

Catastrophic Injuries

These life-altering injuries include amputations, severe disfigurement, and permanent disabilities.

Knee Injuries

The impact of a crash can result in torn ligaments, kneecap damage, and chronic pain.

Paralysis Injuries

Spinal cord injuries may lead to partial or complete paralysis, significantly impacting a person's quality of life.

& More

This list isn't exhaustive. Other common injuries include whiplash, internal organ damage, and soft tissue injuries.

Your Rights After a Fatal Car Accident: Holding Negligent Drivers Accountable

Losing a family member in a car accident is an unimaginable tragedy. When their death was caused by someone else's reckless or negligent actions, the pain is compounded by a sense of injustice. New York law allows surviving family members to file a wrongful death lawsuit in such cases. Here's what you need to know:

  • Who Can File: Wrongful death suits are typically filed by a personal representative on behalf of the deceased's surviving spouse, children, or other close family members.
  • Proving Negligence: You must show that the other driver's reckless or careless behavior was the direct cause of your loved one's death.
  • Compensation: A wrongful death lawsuit can seek damages for medical expenses, funeral costs, lost income the deceased would have earned, and the loss of companionship, support, and guidance.

Navigating a wrongful death claim after such a devastating loss can be overwhelming. Our dedicated car accident attorneys can help you understand your legal options, gather the evidence you need, and fight tirelessly to obtain justice for your loved one.

Why Car Accidents Happen: Understanding the Risks

Car accidents aren't just random occurrences. Understanding the common causes behind crashes can help you look for evidence from every angle to maximize your potential compensation. Here are the most frequent contributing factors:

Distracted Driving

Texting, taking phone calls, eating, and adjusting the radio — anything that takes a driver's eyes, hands, or attention off the road increases their risk of an accident significantly.

Speeding

Exceeding the speed limit or driving too fast for conditions reduces available reaction time and makes a crash more likely and more severe.

Aggressive Driving

Behaviors like tailgating, making unsafe lane changes, and running red lights can lead to dangerous collisions.

Driving Under the Influence

Alcohol and drugs impair judgment, coordination, and reaction time, making an intoxicated driver a hazard to themselves and others.

Drowsy Driving

Fatigued drivers can be just as dangerous as drunk drivers.

Road Conditions

Potholes, construction zones, and inclement weather in Yonkers can all contribute to accidents.

While these are common causes, every accident is unique. If you've been involved in a crash, a car accident attorney can help determine the specific cause and who might be held liable.

Determining Fault After a Yonkers Car Accident: Who's Liable?

Figuring out who is responsible for your injuries after a Yonkers car accident is crucial for getting the compensation you need to recover. New York is a "no-fault" car insurance state, which means you initially turn to your own insurance for basic benefits. However, this might not cover all your needs. Here's where liability comes in:

The Other Driver

If another driver's negligence — like speeding, distracted driving, or violating traffic laws — caused the accident, they may be held liable for your damages.

Multiple Parties

In some cases, more than one person or entity might be liable, including other drivers, vehicle manufacturers (if there was a defect), or even government agencies (if poor road conditions were a factor).

Comparative Negligence

New York follows a pure comparative negligence rule, which means that even if you were partially at fault for the accident, you could still recover compensation, but it will be reduced by your percentage of fault.

Our car accident attorneys will investigate the crash, gather evidence like police reports and witness statements, and build a strong case to establish liability. We will fight to ensure you aren't unfairly blamed and that you receive the maximum compensation allowed.

Compensation After a Car Crash: What Damages Can You Recover?

A car collision can derail your life, leaving you with not just physical injuries but also financial and emotional burdens. New York law allows you to seek compensation to help you recover as fully as possible. Here's an overview:

Economic Damages

These cover tangible financial losses, including:

  • Medical Expenses: Hospital stays, surgeries, doctor visits, medication, physical therapy, and future medical care.
  • Lost Wages: Income lost due to missed work and potential loss of future earning capacity if your injuries prevent you from returning to your job.
  • Property Damage: The cost of repairing or replacing your vehicle.

Your lawyer will likely want to see receipts, medical bills, and any other financial records you received following your crash. These documents will help them accurately value your claim.

Non-Economic Damages

These are harder than economic damages to quantify, but they acknowledge the real impact on your life. They include:

  • Pain and Suffering: Physical pain, emotional distress, and mental anguish caused by the accident and injuries.
  • Loss of Enjoyment of Life: Reduced ability to engage in activities you previously loved.
  • Loss of Consortium: Compensation for a spouse due to how the injuries affect the marital relationship.

The amount of damages you can recover depends on the specifics of your case and the severity of your injuries. A car accident lawyer might consult with experts, such as psychologists and medical doctors, to establish evidence supporting your claim.

Car crash lawyer Yonkers NY

Don't Delay: Time Limits for Filing a Car Accident Lawsuit in New York

In most cases, you have three years from the date of the accident to file a car accident lawsuit. However, there are some exceptions that may shorten or extend this deadline. For instance, if the liable party is a government entity, you may have a much shorter time to file a notice of claim.

Even if you think you have plenty of time, it's best to contact an attorney as soon as possible. Evidence can disappear, and witnesses' memories can fade over time.

Why the Deadline Matters

If you miss the statute of limitations, you will likely lose your right to sue for compensation, even if you have a strong case. An attorney can help you understand the specific deadlines that apply to your situation.

Insurance Offers After an Accident: Should You Accept?

After a car accident, the at-fault driver's insurance company may quickly offer you a settlement. While it's tempting to accept the money and move on, it's crucial to proceed with caution. Here's why:

  • Initial Offers Are Often Low: The insurance company's goal is to pay out as little as possible, so their first offer likely won't cover the full extent of your current and future expenses.
  • You May Not Know the Full Impact Yet: Some injuries, like whiplash or concussions, can take time to manifest fully; accepting an early settlement could leave you paying medical bills out-of-pocket.
  • You Give Up Your Right to Sue: Once you sign a settlement agreement, you usually can't pursue additional compensation, even if your condition worsens.

Before accepting any insurance settlement, it's wise to consult with a car accident attorney. Our legal team will assess the true value of your claim, negotiate with the insurance company on your behalf, and advise you on whether the offer is fair and in your best interests.

Understanding No-Fault Benefits: Your Basic Coverage After a Car Crash

No-fault benefits, also called personal injury protection (PIP), are filed with your own insurance company. They provide basic coverage for your economic losses regardless of who caused the crash. This includes:

  • Medical Expenses: Up to a certain limit.
  • Lost Wages: Up to a certain percentage of your income for a set period.
  • Essential Household Help: If your injuries prevent you from doing everyday tasks.

Unfortunately, no-fault benefits don't cover all your losses. They won't compensate you for pain and suffering, and there are limits to how much you can receive.

Car accident attorney Yonkers NY

New York's Serious Injury Threshold: Your Key to Filing a Lawsuit

New York's no-fault system limits your ability to sue for pain and suffering after a car accident unless your injuries meet the "serious injury threshold." Here's what this means:

What Qualifies as a Serious Injury?

New York law defines "serious injury" as any of the following:

  • Death
  • Dismemberment
  • Significant disfigurement
  • 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

Additionally, a serious injury can be one of a non-permanent nature that prevents you from performing your usual daily activities for at least 90 days during the 180 days immediately following the accident.

Why It Matters

If your injuries don't meet this threshold, you're generally limited to no-fault benefits. However, if you have a serious injury, you can file a lawsuit against the at-fault driver to pursue compensation for pain and suffering, long-term disability, and other damages not covered by no-fault.

Proving a Serious Injury

It's important to seek immediate medical attention after a car accident, even for seemingly minor injuries. Documentation from doctors is crucial for successfully proving you meet the serious injury threshold. Our auto accident attorneys will help you build a strong case.

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You don't have to face this alone. Take the first step toward getting the compensation you need to rebuild. Contact Tomkiel & Tomkiel today to schedule your free consultation.

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