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Family Information Following Brain Injury

Michael V. Kaplen, Esq. guest lecturer on Traumatic Brain Injury, American Association for Justice, Annual Conference, San Francisco, CA.

Michael V. Kaplen, Esq. guest lecturer on Traumatic Brain Injury, American Association for Justice, Annual Conference, San Francisco, CA.

Brain injury not only affects the individual, but has profound affects on the entire family, especially the brain damaged victim’s spouse.

Studies show that caregivers of people who have suffered a brain injury may experience feelings of burden, distress, anxiety, anger and depression. If you are caring for a partner, spouse, child, relative or close friend with TBI, it is important to recognize how stressful this situation can be and to seek support services.

The spouse, an often overlooked victim in brain injury

Unfortunately, the spouse in brain injury rehabilitation as well as in the prosecution of a brain injury case is often overlooked with all or most of the attention being given to the brain damaged individual.

The brain injury lawyers at the New York based brain injury law firm of De Caro & Kaplen, LLP recognize that in a brain injury case, we often have two clients, the person who sustained the brain damage as well as their spouse.

Brain damage places a serious stress on marriages

The cognitive and emotional changes following a traumatic brain injury (TBI) or any type of head injury poses significant coping problems for the victim’s spouse.  The changes that develop following a brain injury may be permanent and can lead to significant stress on the marital relationship. Professional assistance including counseling and participation in brain injury support groups are frequently recommended for individuals whose spouses have sustained any type of brain injury, head injury or brain damage.

Possible changes you may observe in your spouse following a brain injury:

  • Decreased memory
  • Dependency
  • Depression
  • Impatience
  • Decreased ambition and initiation
  • Irritability
  • Temper outbursts
  • Decreased self control
  • Inflexibility
  • Sexual disinterest or sexual preoccupation
  • Self centered behavior
  • Inappropriate public behavior

New roles for the care giver following a traumatic brain injury:

  • Household management
  • Parenting management
  • Income maintenance
  • Decision making
  • Caring for the injured spouse

Services available to family members following brain injury

Counseling and assistance for spouses affected by a brain injury or brain damage should seek assistance even before their loved one is discharged from the hospital or brain injury rehabilitation center.  Different assistance is needed during the different phases of recovery from brain injury.

Services that may be most helpful to you include in-home assistance (home health aides or personal care assistants), respite care to provide breaks from care giving, brain injury support groups, and ongoing or short-term counseling for caregivers to adjust to the changes that have come as a result of the injury. You also may need to ask your support system of family, friends and community members for help with your loved one’s care, so that you don’t get burned out.

Unfortunately, you may find that it can be difficult to find appropriate and adequate services for your loved one. It is important to know that you will most likely need to be persistent in your search for assistance. You should use your network of family and friends, as well as professionals, to get tips about available resources.

The Brain Injury Lawyers at De Caro & Kaplen, LLP can assist you

The brain injury lawyers at the New York based brain injury law firm of De Caro & Kaplen, LLP understand the frustrations that a spouse faces following a brain injury.  We do not forget you and your injury when prosecuting a law suit for an accident leading to traumatic brain injury, traumatic head injury and brain damage.

Our senior partner brain injury attorney, Michael Kaplen has served three terms as president of the Brain Injury Association of New York State and is currently the chair of the prestigious New York State Traumatic Brain Injury Services Coordinating Council.  Brain Injury Attorney, Michael Kaplen is the President of the American Academy of Brain Injury Attorneys.

New York brain injury attorney Shana De Caro is the Vice President of the American Academy of Brain Injury Attorneys and serves as an officer of the Traumatic Brain Injury Litigation Group of the American Association for Justice.   She is a member of the prestigious Ask The Expert Legal Panel of BrainLine.

Our brain injury attorneys co-author the New York Law Journal outside counsel column on the legal aspects of traumatic brain injury; have co-authored the chapter on neurolaw for the Psychiatric Clinics of North America edition on traumatic brain injury and have lectured at the ground rounds of Mt. Sinai Medical Center on brain injury and medical malpractice in emergency medicine.

Let the New York Brain Injury Law Firm of De Caro & Kaplen, LLP use their knowledge and resources to assist you in obtaining the services and support that you need.

Free, no obligation consultation

If your loved one’s brain damage was caused by a car accident, other types of vehicle collisions including truck accidents, falls, landlord negligence, construction site accidents or even medical malpractice, then we can provide you with a free no obligation consultation.  If we decide to accept your case, we will do so on a contingency fee basis, which means that no legal fees are due to our brain injury law firm unless we are successful and obtain a recovery on your behalf.  Contact toll free at 1 866 BRAIN LAW or email us at michael@brainlaw.com.


Our Credentials

Michael Kaplen

Chair
New York State Traumatic
Brain Injury Coordinating Council

President
American Academy of Brain Injury Attorneys

Vice President
New York State Academy of Trial Lawyers

3 Term President
Brain Injury Association of
New York State

Past Chair
Traumatic Brain Injury Litigation
Group: American Association
For Justice

Past Chair
Motor Vehicle, Highway, Premises
Liability Section: American Association
For Justice

National Advisory Board
Association of Interstate
Trucking Lawyers of America

Past Co-Chair
Tort Section, New York County
Lawyers Association

Board of Directors
Trial Lawyers for Public Justice

Board of Governors, American Board of Professional Liability Attorneys

Board of Directors
New York Academy of Trial Lawyers

Editorial Board
Neurolaw Letter

Board Certified
Civil Trial Advocate
National Board of Trial Advocacy*

Board Certified
American Board of Professional
Liability Attorneys
Medical Liability*

Sustaining Member:
American Association for Justice
Public Justice Foundation

Member:
N.Y.S. Trial Lawyers Association
Florida Academy of Trial Lawyers
Southern Trial Lawyers
Association-Fellow
North American Brain Injury Association

Graduate of Marquette University, College of Health Sciences, in Neuro Anatomical Dissection of the Human Brain and Spinal Cord

Honors & Awards:

New York Super Lawyer
2006, 2007, 2008, 2009, 2010

Top 100 New York Trial Lawyers -
American Trial Lawyer Association

Trial Lawyers for Public Justice
Public Achievement Award

Board of Trustees, Melvin M. Belli Society

Shana DeCaro

1st Vice President
American Academy of Brain Injury Attorneys

Treasurer
Traumatic Brain Injury Litigation Group: American Association for Justice

Board of Trustees, Secretary
Civil Justice Foundation

Board of Directors
New York State Academy of Trial Lawyers

Fellow
American Association for Justice

Fellow
Melvin M. Belli Society

Editor
Law Update
New York Academy of Trial Lawyers

Amicus Counsel
New York State Academy of Trial Lawyers

Honors and Awards

Trial Lawyers for Public Justice
Public Achievement Award

President’s Award
New York State Academy of Trial Lawyers

Who’s Who in American Women

Who’s Who in American Law

Top 100 New York Trial Lawyers-American Trial Lawyers Association

Elite Lawyers Of America

Graduate of Marquette University, College of Health Sciences, in Neuro Anatomical Dissection of the Human Brain and Spinal Cord

Member:

New York Academy of Trial Lawyers

New York State Trial Lawyers Association

Brain Injury Association New York State

North American Brain Injury Association

Member:
Nursing Home Litigation Group
American Assoc. for Justice

Interstate Trucking Litigation Group
American Assoc. for Justice

Brain Trauma Litigation Group
American Assoc. for Justice

Ask The Expert
Contributing Author
BrainLine

Admitted to Practice:

New York State
United States Court of Appeals, Second Circuit
United States Federal District Courts:
Southern, Eastern and Northern Districts of New York
United States Tax Court
United States Court of International Trade

 

* The National Board of Trial Advocacy and the American Board of Professional Liability Attorneys are not affiliated with any government authority. Certification is not a requirement for the practice of law in the State of New York and does not necessarily indicate greater competence than other attorneys experienced in this field of law.