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New York Brain Injury Lawyers

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At De Caro and Kaplen, LLP, representing individuals with a brain injury isn’t just something that we do, it is what we do.

For over 40 years our partners Shana De Caro and Michael V. Kaplen have dedicated their lives to helping brain injury survivors in New York receive the justice and compensation they are entitled to for their injuries.

And our advocacy for brain injury survivors is not limited to the courtroom.

Shana De Caro served two terms and is immediate past Chairwoman of the board of directors of the Brain Injury Association of America. While Michael V. Kaplen served three terms as president of the Brain Injury Association of New York State and is a Professorial Lecturer in Law at the George Washington University Law School, teaching the only course on traumatic brain injury law in the nation.

When it comes to selecting a law firm for your New York brain injury case, bigger is not better. Smaller, and focused on brain injury is better and essential.

And no firm is more focused on brain injury than De Caro & Kaplen, LLP. It’s why we’re known as The Brain Injury Law Firm.

Every 9 seconds, someone in the U.S. suffers brain trauma.

A traumatic brain injury can happen at any time, in any place, to anyone. With over 43 years experience advocating for brain injury survivors in New York State, we have a deep understanding of the complexities of brain injury law. We know that every case is unique. And unlike many brain injury lawyers, we are fully prepared to go to court to fight for the justice and compensation you deserve.

How can we help you today?

Whether you have suffered a concussion or other brain injury in a car accident, from a fall, medical negligence, or other traumatic event, we know what’s required to zealously represent you. Brain injury law is more than our profession, it is our passion.

It’s why we’re known as The Brain Injury Law Firm®.

Our partners, Michael V. Kaplen and Shana De Caro are nationally recognized for their expertise in representing brain injury survivors and in all personal injury litigation. It’s why we’ve been trusted to represent them for over 43 years.

There is no such thing as a “mild” brain injury. A concussion is a brain injury. If you or your family member sustained any type of traumatic or acquired brain injury, our law firm can assist with expertise, legal support and representation, information, and resources.

Receive a full and fair settlement for your New York brain injury case

shana de caro & michael v. kaplen

While it’s true that money can’t undo the brain injury you sustained from a car accident, medical malpractice, or other cause, it can help lift the financial burden of medical bills, lost wages, and other costs from your shoulders. A full and fair settlement will provide funds to use for long-term rehabilitation and medical care, replace loss of income, provide for your family, and get the assistance you need to live productively in your community.

Obtaining a reasonable settlement for your injury is no easy feat, however. It calls for the help of an experienced lawyer, one who understands the complex medical and legal implications of brain damage. You’ll find that lawyer at De Caro & Kaplen, LLP. Attorneys Shana De Caro and Michael Kaplen have been handling head injury and brain injury cases for over 43 years.

It's why we're known as The Brain Injury Law Firm®.

Why you can trust De Caro & Kaplen, LLP with your brain injury lawsuit

Michael is a Professorial Lecturer in Law at the George Washington University Law School, teaching the only course on traumatic brain injury law in the nation.
Michael has served as the chair of the New York State Traumatic Brain Injury Services Coordinating Council, and is a three-term past president of the Brain Injury Association of New York State. He has also served as the Chair of the Traumatic Brain Injury Litigation Group of the Association of Trial Lawyers of America.
Shana De Caro served two terms and is immediate past Chairwoman of the board of directors of the Brain Injury Association of America, is Past Chair of the Traumatic Brain Injury Litigation Group of the American Association for Justice, and was elected secretary and board member of the Civil Justice Foundation.
Our New York attorneys co-author the traumatic brain injury column for the distinguished New York Law Journal.

Areas We Serve

Our brain injury attorneys serve the entire State of New York including New York City, the Bronx, Brooklyn, Manhattan, Staten Island and Queens. We also serve Nassau and Suffolk, Rockland, Westchester Counties, Albany, Buffalo, Rochester and Syracuse and surrounding areas.
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Brain Injury Verdicts & Settlements

De Caro & Kaplen, LLP partners Michael V. Kaplen and Shana De Caro
$8,500,000 award against a truck driver during trial for brain injuries sustained by our client, who was driving a car struck by the negligent driver
$8,000,000 medical malpractice settlement for an anesthesia error resulting in permanent brain damage for our client
$3,000,000 settlement for medical malpractice during shunt revision surgery, resulting in permanent brain damage
$2,000,000 pre-trial settlement for a vehicle accident caused by a negligent driver who struck our client’s vehicle, resulting in a concussion and post-concussion syndrome
$1,900,000 settlement for a motor vehicle accident caused by improper maintenance of brakes in a truck, resulting in a head-on collision and closed-head brain damage for our client

Brain Injury Information & FAQs

How common are traumatic brain injuries in the United States?

Brain injuries are at epidemic levels in the United States, and are a public health emergency.

  • On average, one individual in the United States suffers a brain injury every 9 seconds
  • In 1999, the CDC reported that over 5.3 million Americans were living with a long term disability caused by brain injury. 24 years later, this figure is likely to be much higher.
  • In 2018 there were more than 223,000 TBI related hospitalizations in the United States.
  • Brain injury is the leading cause of death and disability in children and adolescents in the United States.

In a recent study conducted by the CDC, 27 percent of adults reported having sustained a concussion in their lifetime.

And concussions are brain injuries. There is no such thing as a mild concussion.

What are the most common causes of traumatic brain injuries in the United States?

According to the CDC, falls are the leading cause of traumatic brain injury in the United States, accounting for 47% of documented cases.

Other common causes of TBI include:

  • Blunt impacts (e.g. being struck by or against a moving or stationary object) – 15%
  • Vehicle accidents – 14%
  • Self harm and assaults – 10%

De Caro and Kaplen can assist in all traumatic brain injury cases, that are a result of another’s negligence.

What are the most common signs and symptoms of traumatic brain injury?

Traumatic brain injury is often referred to as “the invisible injury”, since signs and symptoms may not always be apparent to an outside observer.

Additionally, individuals with a brain injury may find it difficult to communicate how they feel.

But while recognizing not all of these may be clear and obvious in isolation, some of the most common signs and symptoms of a TBI include:

  • Chronic low-grade headaches
  • Having trouble remembering, concentrating, and solving problems
  • Difficulty with reading and/or writing
  • Vision changes or hallucinations
  • Changes in sexual drive or function
  • Mood changes; feelings of sadness, irritability, anxiety
  • Slurred speech or loss of ability to speak
  • Poor control of voluntary movements
  • Difficulty recognizing faces and visually locating objects
  • Unusually aggressive behavior
  • Difficulty with hand-eye coordination, impaired spatial orientation
  • Impaired gross and fine motor coordination
  • Tremors, dizziness, and nausea

How long does it take to recover from a traumatic brain injury?

Every brain injury is unique. Which means recovery will vary from injury-to-injury and person-to-person.

And while some may refer to a concussion as a “mild brain injury”, we do not. There is no such thing as a mild brain injury.

Indeed, the medical profession continues to classify TBI cases as “mild”, “moderate”, or “severe” (terms derived from the Glasgow coma scale) – an outdated and inappropriate way of categorizing an injury that can vary wildly in severity and outcome. There have been recent calls to improve this classification, but progress is frustratingly slow.

It is therefore critical that you, your family member, or your loved one receive the appropriate, ongoing care (both medical, financial and otherwise) for your specific needs.

And costs can quickly mount up. Which is why, when a third party is responsible for your injury, you should retain a specialist brain injury lawyer to ensure you receive all compensation you are entitled to.

Is there a time limit for filing a brain injury case?

The time limit for filing your brain injury case in New York State will depend on the cause of your injury.

You can refer to the Statute of Limitations on nycourts.gov here.

Call Toll-Free Today at 1 (866) 272-4652

shana de caro & michael v. kaplen
Don’t wait another day to pursue justice for yourself and your family. Contact De Caro & Kaplen, LLP today to discuss your legal right to obtain compensation.

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The Brain Injury Law Firm ®
Toll Free: (866) 272-4652
(212) 732-2262
help@staging.brainlaw.com 
Manhattan Office:
De Caro & Kaplen, LLP
228 E. 45th Street, Suite 1100, New York, NY 10017
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Areas We Serve

We are based in Manhattan, and serve the entire State of New York including New York City, the Bronx, Brooklyn, Manhattan, Staten Island and Queens. We also serve Nassau and Suffolk, Rockland, Westchester Counties, Albany, Buffalo, Rochester and Syracuse and surrounding areas.

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