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Brain Injury Caused by Negligence of Metro North, Long Island Railroad, Amtrak, New York City Subway, a PATH Train or a Port Authority Train?

Michael Kaplen at bicycle helmet safety program with New York State Assembly member, Ivan Lafayette

Michael Kaplen at bicycle helmet safety program with New York State Assembly member, Ivan Lafayette

Pursuing Justice with a passion–making a difference in lives.

What sets us apart from most personal injury law firms is our commitment and passion to protect the rights of brain injury victims.

De Caro & Kaplen, LLP Provides Compassionate Legal Representation to the Victims of Train Accidents and Their Families
It’s Important to Act As Soon As Possible to Protect Your Rights!

If you or your loved one has sustained a traumatic brain injury or other personal injury through the negligence of a train owned or operated by any city, town, municipality or special authority such as the New York City Transit Authority, Metro North, Amtrak of the Port Authority, there are strict and very short time limits on when you must file a written claim (often called a notice of claim) and when you must start your train accident law suit. You must do these in the right order and within the correct time frame, or your case will be dismissed.

You’ll want to consult with our railroad accident lawyers at De Caro & Kaplen, LLC, immediately, due to these very strict time limits. We have the knowledge and experience in this area of the law, and will ensure that your claim is filed correctly. Contact us for your free consultation now.

The Train Crash or Train Derailment in Which You Were Injured May Have Caused Serious Brain Injuries

We have successfully represented a young woman who received serious brain injuries when the train she was in derailed. She was thrown within the train car and struck her head. This head or brain trauma has resulted in a concussion and has lasting effects known as post concussion syndrome.

The results of the careless conduct on the part of the train engineer, train conductor or the railroad unfortunately and can cause needless serious brain injuries or other physical injury and even death to the innocent passengers.

The failure to maintain the brakes, operating at unsafe speeds, signal malfunctioning and the inability of the train’s engineer to observe the track bed are frequent causes of train wrecks.

When a train derails or collides with another train, this is simply not an act of nature, but is invariably caused by operator error or faulty train and track maintenance. The train crash attorneys at De Caro & Kaplen, LLP will use their knowledge and skills to determine the exact cause of the train wreck, while helping you receive the compensation that is rightfully yours.

Just as important, they will sue their skill and knowledge of traumatic brain injury to show how the brain trauma or head trauma that you sustained will have a lasting affect upon your life or the life of your loved one.

Subway Accidents and Amtrak Train Accidents Are Usually Avoidable

In New York City, subway trains and the poor maintenance practices of the New York City Transit Authority are often prevalent issues in subway accidents. Other times human error by the engineer is the cause for the train wreck.

Nationally, passenger railroads operated by Amtrak and other rail carriers are prone to the same lack of attention and cost cutting practices leading to horrible disasters that have required the work of the experienced railroad accident lawyers at De Caro & Kaplen, LLP.

De Caro & Kaplen Also Represent Railroad and Train Workers Who’ve Sustained Unnecessary Injuries and Brain Damage on the Job

When a railroad worker was electrocuted causing serious burn and brain injuries, he called on De Caro & Kaplen, LLP to successfully sue the railroad for failing to properly maintain its equipment and provide him with necessary assistance.

Railroad and train workers are frequently injured and sustain head trauma and brain injury due to the fault of the railroad. The failure of the company to provide the railroad worker with proper tools, sufficient assistance and training as well as access to safe equipment which includes the railroad car or engine itself can all be causes of personal injury.

Fortunately, a special federal law known as the Federal Employees Liability Act or FELA for short protects railroad workers. While the title of the act says “Federal Employees”, all railroad workers in the United States are protected from the results of serious injury as a result of a train accident by this federal law. If the failure to follow these railroad safety regulations has caused your loved one to sustain brain injury, contact the skilled railroad accident lawyers at De Caro & Kaplen, LLP for a free, no obligation consultation.

We Understand the Railroad Regulations so You Don’t Have to

If you were or currently are a railroad worker who sustained injuries on your job, contact the De Caro & Kaplen, LLP railroad accident attorneys who fully understand the intricacies of rail road regulations and the FELA, and will be on your side to defend and protect your rights at all times.


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.