Westchester County Personal Injury Attorneys

If you or a loved one has been seriously injured in New York’s Westchester County, you are likely feeling overwhelmed by the legal process while also dealing with enormous physical pain. At Block O’Toole & Murphy, we understand that a catastrophic accident doesn’t just cause physical pain; it creates a mountain of medical bills, lost wages, and emotional uncertainty.

Our trial attorneys are recognized for their relentless advocacy and their familiarity with the Westchester County legal system. We have a proven track record of securing life-changing results for clients, including:

• A $22,500,000 settlement for a driver injured in a head-on collision in Somers, NY,
• A $7,300,000 settlement for a construction worker injured at a Yonkers, NY job site, and
• A $4,250,000 settlement for a man who was rear-ended by a vehicle in Bedford, NY.

Need to Know:

• Block O’Toole & Murphy has recovered approximately $100,000,000 for our Westchester clients.
• Your case may be filed in the Westchester County Supreme Court if you or one of the defendants resides or is headquartered in Westchester, or if your accident occurred there.
• Generally, you have three years to file a personal injury case in Westchester. However, you should contact an attorney as soon as possible so they can act quickly to collect and preserve evidence which may be crucial to your case. Additionally, if your accident involves suing a municipality, you will need to file a notice of claim within 90 days of your accident, and file your case within 1 year and 90 days.

In This Article:

• Why Choose Block O’Toole & Murphy for Your Westchester County Injury Case?
• Case Study: $7,300,000 Settlement in Westchester Construction Accident Case Against the City of Yonkers
• What to Expect in a Westchester County, NY Personal Injury Lawsuit
• Case Study: $1,850,000 Settlement for Westchester Slip and Fall Case
• Case Study: $22,500,000 Settlement for Westchester Car Accident
• Notable Verdicts & Settlements in Westchester Injury Cases

Why Choose Block O’Toole & Murphy for Your Westchester County Injury Case?

When you hire our firm, you are hiring a team of lawyers who know how to navigate the Westchester County Supreme Court in White Plains.

• Block O’Toole & Murphy has a reputation for excellence across New York State. Since 2012, our firm has obtained more results exceeding $1,000,000 than any other personal injury firm in the state. Additionally, Partners Daniel P. O’Toole and David L. Scher are Co-Chairs of the New York State Trial Lawyers Association (NYSTLA) Labor Law Committee.
• Our firm collaborates on every case. We assign at least two attorneys to every case we sign, giving our clients an unmatched level of attention at every step of the process.
• We prepare every case for trial. This gives us the upper hand when negotiating with insurance companies, who generally prefer to avoid the expense and risk that comes with going to trial. Additionally, insurance companies are aware of our trial record, which includes a landmark $110,174,972 jury verdict for a paralyzed cyclist, a $53,500,000 jury verdict for a worker who fell on a construction site, and a record-breaking $32,756,156 jury verdict for an injured pedestrian.
• The attorneys at Block O’Toole & Murphy have received multiple awards. For example,
  • Partners Stephen J. Murphy, Jeffrey A. Block, and Daniel P. O’Toole were each named Best Lawyers® Lawyer of the Year in Personal Injury – Plaintiffs for the New York Metro Area in 2022, 2023, and 2026, respectively.
  • In 2026, 15 firm attorneys were selected to the Super Lawyers or Rising Stars lists for the New York Metro area. Additionally, Partners Jeffrey A. Block, Daniel P. O’Toole, and Stephen J. Murphy have each been included on the New York Top 100 list, an honor reserved for the 100 best attorneys across all practice areas in the region.
  • The U.S. News & World Report: Best Law Firms in America ranks Block O’Toole & Murphy as Tier 1 for Personal Injury-Plaintiffs in the New York City region.

Block O’Toole & Murphy’s Practice Areas in Westchester

Our firm is adept at handling catastrophic injury cases, work injury cases, and wrongful death cases in the following practice areas:

• Construction Accidents. Like many areas across New York, Westchester is undergoing heavy redevelopment. Our attorneys have experience with representing clients injured in all types of construction accidents, including scaffolding accidents, construction site falls, demolition accidents, and more.
• Car Accidents. Westchester County has some of the most perilous roads in New York State, including the Taconic State Parkway, Bronx River Parkway, and Route 9A, which is particularly dangerous for pedestrians. Block O’Toole & Murphy is well-versed in complex car accident injuries, including accidents caused by dangerous roads, rear-end accidents, multiple car pileups, and more.
• Premises Liability. From Yonkers to New Rochelle to White Plains, property owners have a responsibility to maintain safety standards. If you were injured by a ceiling collapse or slipped and fell on someone else’s property, our attorneys may be able to help.

Case Study: $7,300,000 Settlement in Construction Accident Case Against the City of Yonkers

In one construction accident case handled by Partner Pawel P. Wierzbicki, a 56-year-old construction worker was injured while installing a drop ceiling at an elementary school. Our client and his coworkers were given the ambitious task of installing more than 30,000 square feet of ceiling tiles in just one day. The ceilings were more than 15 feet high, requiring our client to stand on a double scaffold, i.e., one scaffold placed on top of the other.

While our client was climbing to the top of the scaffold, the upper scaffold began to slide and fall. He jumped to the floor and landed directly on his feet, shattering his heels. His injuries were devastating—after multiple months of rehabilitation and several surgeries, our client is still unable to walk without pain. His doctor made it clear that he would never work in construction again.

Determining Liability in a Labor Law 240 Case

While our client’s injuries were undeniable, the defense argued that our client’s own actions put him at fault for his injuries. This “sole proximate cause” argument is one of the few defenses available in Labor Law 240 cases.

In response, our attorneys deposed multiple witnesses to the accident. The initial accident report stated that our client fell while jumping between scaffolds; however, the construction company conceded this was inaccurate during a cross-examination. Still, many of the witnesses had conflicting versions of how the accident occurred. Despite the lack of consensus, the defense maintained that our client did not fully climb the ladder, and instead tried to pull himself onto the platform, causing the scaffolding to fall.

To determine whether this argument was valid, Partner Pawel P. Wierzbicki hired a scaffolding expert. After examining the scaffolds, our expert noted that they lacked the proper stabilization equipment and safety railings as required in the scaffolding instruction manual. Though neither of those precautions were technically required by OSHA, our expert made it clear that properly built scaffolding should not have come down, even if the accident occurred the way the defense alleged.

Summary Judgment and Settlement

Not wanting to take anything for granted, our attorneys meticulously prepared a motion for summary judgment under Labor Law 240. The motion argued that the defense was liable for the accident, based on our expert’s opinion that a properly constructed scaffold would not have fallen under those circumstances.

If granted, the motion would have determined the defense to be 100% responsible for the accident, and only damages, or compensation, would have been decided at trial. However, before the judge could issue a decision, the City of Yonkers and the construction company named in the suit agreed to a settlement of $7,300,000.

What to Expect in a Westchester County, NY Personal Injury Lawsuit

All personal injury cases generally follow the same steps throughout New York State, but there are a few factors that make the Westchester court system unique.

Westchester Has Bifurcated Trials

Westchester personal injury trials are usually bifurcated. This means the trial is split into two parts:

1. Liability: First, the jury decides who was at fault for the accident.
2. Damages: If the defense is determined to be partially or completely liable for the accident, the jury will then hear evidence regarding the extent of your injuries and the compensation you deserve.

Typically, bifurcated trials are less advantageous to plaintiffs than unified trials, where the jury hears all evidence on both liability and damages before issuing a verdict. However, an experienced attorney will have techniques to address this:

• Careful jury selection. Though your attorney won’t be able to discuss your injuries during the liability portion of the trial, they can suggest the severity of your accident during jury selection. What’s more, a skilled trial lawyer will know how to choose jurors who are more likely to be open-minded and fair at each stage of your trial.
• Take advantage of the defense’s denial of liability. Even if the evidence clearly shows otherwise, defense attorneys will usually try to deny any fault for an accident. In response, the jury will often side with the injured party. A shrewd plaintiff’s attorney can take advantage of this situation by suggesting that if the defense was clearly not forthright on liability, the jury should also not trust the defense’s arguments on compensation.

Westchester County Jury Demographics

Westchester juries tend to be conservative, which can result in lower awards for damages. This can also affect settlement offers, as the defense may argue that a jury would not be likely to award more if the case went to trial.

Despite this, our attorneys have a proven track record of strong settlements for Westchester, including a $3,300,000 settlement for a worker injured in Mamaroneck and a $2,250,000 settlement for a New Castle car accident victim.

Case Study: $1,850,000 Settlement for Westchester Slip and Fall Case

In another case handled by Block O’Toole & Murphy Partners Jeffrey A. Block and S. Joseph Donahue and Associate Kristian Krober, our client was a 47-year-old social worker who was making a house call in South Salem when she slipped and fell on the resident’s icy driveway. Our client suffered serious injuries to her neck, shoulder and spine. She ultimately needed spine and shoulder surgery, and was unable to return to work for 8 months following the accident.

Determining Liability

In this case, the property was part of a Homeowners Association (HOA), and it was the HOA’s responsibility to maintain a safe property. The defense argued that because the HOA hired a contractor to perform snow removal, they were not responsible for the accident. In response, our attorneys cited Olivieri v. GM Realty Co., LLC, 37 A.D.3d 569 (2^nd Dept 2007), arguing that as owners of the property, the HOA was responsible regardless. Upon further research, our attorneys also discovered that the HOA required residents to pay a snow removal fee.

In all slip and fall cases, injury attorneys must demonstrate that the defense had active or constructive notice of dangerous conditions. In other words, the responsible party must have been informed of the dangerous condition, or the condition must have existed long enough that the responsible party should have been aware of it. To prove how long the snow had been there, our attorneys obtained certified weather records. These showed the snow and ice had been present for three days, a sufficient period for the owner to be on constructive notice.

Negotiation and Settlement

Despite the overwhelming evidence in our client’s favor, the defense still argued that our client was partially responsible for falling. Upon reviewing the evidence, the judge encouraged all parties to try to reach a settlement agreement, as he believed liability, or fault, was clear, and it would be unnecessary to go through the time and expense of a trial.

At a mediation, after much negotiation, the defense offered $1,680,000. Partner Jeffrey A. Block declined the offer, and let the defense know they had two days to bring their offer up to $1,850,000. Two days later, the defense agreed to Mr. Block’s demand, and the case settled.

Case Study: $22,500,000 Settlement for Westchester County Car Accident

In one of Block O’Toole & Murphy’s most seminal personal injury cases, we represented a 32-year-old man who was gravely injured in a car accident on Route 6 in Somers, New York. Our client was driving eastbound when he reached a snowy portion of the road. As he came around a bend, he realized an oncoming car was drifting into his lane. Our client attempted to avoid the collision but was unable to do so because of black ice on the road.

The resulting crash totaled our client’s car and resulted in severe injuries to his dominant left arm, including compound, comminuted fractures in his elbow and a severed ulnar nerve. After more than 20 surgical interventions and spending more than a year battling a MRSA infection, our client still suffers from extensive pain and is unable to use his dominant arm. Tragically, this also impacted his ability to help care for his young son.

Investigating a Car Crash Case Against the State of New York

Upon receiving the case, Partner Daniel P. O’Toole obtained records for previous accidents on Route 6. He discovered that two accidents had occurred in the same area within the prior few weeks, and New York State was aware of this fact. Each of the prior accidents occurred for the same reason: water collected and froze at a low point in the road, causing dangerous driving conditions.

Our firm’s continued investigation yielded three key points:

• The State failed to fix drainage lines that would have prevented water from collecting. The state claimed this work could not be done without permission from the New York State Public Service Commission because of a gas line underneath the road. However, our attorneys consulted an expert who confirmed that this work would not require excavation beyond what was originally done to build the road, and therefore the work would not disrupt gas lines and could have been completed at any time.
• The State failed to respond promptly to the icy road conditions. According to an incident report obtained by our attorneys, state police had informed the Hudson Valley Transportation Management Center (HVTMC) of icy road conditions and the need to spread salt and sand approximately 90 minutes before our client’s accident.
• The State failed to monitor the road over the weekend. While deposing a New York State Department of Transportation (NYSDOT) employee, our attorneys confirmed on record that this stretch of road was known to be dangerous due to lack of drainage, and it was policy to “babysit” the road and send salt trucks as needed during inclement weather. However, this “babysitting” did not occur on the weekends.

Determining Liability & Reaching a Settlement

Unlike injury cases against a private defendant or a city, cases against New York State are heard in the Court of Claims and are solely decided by a judge instead of a jury. Thanks to our firm’s tenacious work in building this case, the judge found the State 100% responsible for our client’s injuries, and we ultimately settled the case for $22,500,000.

Notable Verdicts & Settlements in Westchester County Accident Cases

At Block O’Toole & Murphy, we know that our clients trust us to advocate for them while they’re dealing with the heavy burden of physical pain and financial instability. Our firm is dedicated to making sure our clients receive the maximum compensation to which they are legally entitled. This is demonstrated by our record of significant verdicts and settlements throughout Westchester County:

• $22,500,000 settlement for a driver injured in head-on collision in Somers
• $20,181,484 verdict for a man injured in a car accident caused by icy roads
• $7,300,000 settlement for a carpenter who fell from a scaffold in Yonkers
• $4,250,000 settlement for a rear-end collision case in Bedford
• $3,300,000 settlement for a union laborer struck by falling angle irons at Mamaroneck Wastewater Treatment Plant
• $2,250,000 settlement for a car accident victim injured on SR 133 in New Castle
• $1,950,000 settlement for the victim of a ceiling collapse in Yonkers
• $1,850,000 settlement for a client who slipped on an icy driveway in Westchester County
• $1,750,000 settlement for a mechanic who was injured while dismantling an elevator in Yonkers
• $1,525,000 settlement for a flagman struck by a car while controlling traffic in Westchester
• $1,100,000 settlement for an electrician injured in a slip and fall accident
• $1,000,000 settlement for a motorcyclist cut off by a box truck
• $950,000 settlement for a car accident in Rye Brook
• $900,000 settlement for a rear end accident in Yonkers
• $800,000 settlement for a client who was T-boned at Bryant Ave and North St in White Plains
• $725,000 settlement for a woman hit by an unsecured street sign in Westchester County
• $700,000 settlement for a jogger struck by a tree branch in New Rochelle

For a free legal consultation, please call 212-736-5300 or fill out our contact form.