Matthew Tomkiel

Matthew Tomkiel has exclusively practiced plaintiff’s personal injury law in New York since 2003 with a primary focus on construction accident cases. He is a partner and a third-generation attorney in his family firm of Tomkiel & Tomkiel, PC. He is also “of counsel” to several New York law firms and litigates their complex accident cases. He is frequently asked to assist other attorneys as trial counsel and appellate counsel. Matthew Tomkiel has several reported victories including, but not limited to:

$3.25 Million Confidential Settlement During Trial: as co-trial counsel retained by attorney of record to assist in obtaining verdict for union scaffold worker struck by falling object during construction of Manhattan high rise.

$2.7 Million Settlement at Mediation: Henry v. Eleventh Ave., L.P., 87 A.D.3d 523, 928 N.Y.S.2d 72 (2nd Dept. 2011). Successfully obtained judgment that defendant is strictly liable to pay damages to union carpenter injured when he hit his head on low hanging pipe and was caused to fall off the roof of a tool shanty during construction of a high rise in Manhattan.

$2 Million Settlement at Mediation for construction worker who fell from unsecured ladder while installing sheetrock, resulting in mild traumatic brain injury and herniation’s to neck requiring cervical fusion surgery.

$1.625 Million Settlement during Trial: Alvarez v. 1407 Broadway Real Estate LLC, 80 A.D.3d 524, 915 N.Y.S.2d 263 (1st Dept. 2011). Successfully obtained judgment that defendant is strictly liable to pay damages to union bricklayer / marble worker injured during lobby renovation when scaffold he was climbing tipped, regardless of defendant’s claim that worker misused the scaffold.

$700,000 Settlement at Mediation: Successfully obtained judgment as a matter of law against defendant to pay damages to construction worker who fell through open elevator shaft during construction of Manhattan high-rise, sustaining injuries to his shoulder and knee, requiring arthroscopic surgeries.

$600,000 Settlement during Trial: Boyle v. City of New York, 79 A.D.3d 664, 914 N.Y.S.2d 126 (1st Dept. 2010). Successfully obtained judgment that union ironworker is permitted to assert products liability claim against manufacturer of industrial drill for carpal tunnel syndrome caused by drill malfunction during construction of Bruckner Expressway overpass despite the manufacturer’s claim that it was impossible to prove because the subject drill had been lost or destroyed.

Professional Associations and Memberships

American Association for Justice
New York State Trial Lawyers Association
Bronx County Bar Association
Yonkers Lawyers Association
Westchester County Bar Association


University of Richmond, School of Arts & Sciences
Richmond, VA
B.A. 1999
St. John’s University, School of Law
Queens, NY
J.D. 2002
Awarded Merit Scholarship