Working with the Brain Injury Lawyers at De Caro & Kaplen, LLP

Because each accident and injury is unique, there is no cookie cutter approach to the legal representation needed by an accident victim, especially when it comes to traumatic brain injury. Whether its representing you, your child, spouse, parent or friend, the brain injury lawyers and personal injury lawyers at De Caro & Kaplen, LLP are ready to provide legal representation with compassion, respect and understanding.

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

What set's 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 Negligence and Their Families

The injury you or your loved one sustained will have an undeniable affect on the rest of their life. Whether a brain injury is termed mild, moderate or severe, we believe that all brain injuries must be treated seriously by the legal system.

Representing You

It's critical for you to have a close working relationship with the personal injury lawyer that will represent you. That's why, at all stages of your case, you will deal only with our experienced partners, Michael Kaplen and Shana DeCaro. While we have investigators and paralegal personnel to assist us, we will never send you in circles, forcing you to speak with a different lawyer each time you have a concern.

We understand the special challenges in communicating with persons who have sustained a traumatic brain injury and take the time and concern to make sure that they understand each and every step of the legal process.

We encourage you to speak with one of us any time you have any questions.

You deserve a respectable, compassionate personal injury lawyer to provide legal counsel. We believe that person's suffering from a traumatic brain injury must be treated at all times with respect.

When we first meet with you, we gather all the essential information about your accident and provide it to our investigators, medical consultants and engineers so they can perform their expert follow up evaluations. We will ask you for the facts such as the date, time and place of your accident, as well as the names, telephone numbers and addresses of any witnesses. We'll also ask you for the names of the doctors involved as well as the dates of your treatment including dates of all hospital admissions. In medical malpractice cases we will obtain your full medical and hospital record and have them reviewed by our qualified medical consultants.

Remember...There is NO Fee Unless we Are Successful!

Your access to justice should never be dependent upon your financial situation.

De Caro & Kaplen, LLP will not charge you anything unless you meet with success at the conclusion of your case. This is called the contingency fee arrangement and allows the courtroom to be accessible to all. Under this system, an injured person and their family can afford to retain the most qualified personal injury attorney.

In other words, you can obtain top notch, legal representation without any upfront fees to you!

Contacting and hiring us comes at no monetary loss to you; just another reason that you have nothing to lose and everything to gain by calling the brain injury lawyers and personal injury lawyers at De Caro & Kaplen, LLP now. Call us toll free at 1 866 BRAINLAW

Gathering the Evidence and Bringing the Proof to Life

Often, a picture is worth a thousand words and is very powerful proof at the time we go to trial or prepare for settlement discussions in your case. To better serve you, we will ask you for any photographs that may have been taken of your injury, the damage to any vehicles or even the accident scene. We will then send our investigators to the scene to take additional photographs for further evidence. Our investigators will take photos of the intersection, site lines and the traffic control devices that were present. These experts will also take measurements at the scene and gather any other important data. Follow up interviews with witnesses will be undertaken as well

While the facts of the accident are important, we also understand that your legal case is about YOU and how your injury has affected your life and will continue to have an impact upon your day-to-day activities, your private life and employment. We will personally make sure that the jury understands this, as well as your possible need for compensation due to medical and rehabilitation costs.

Your New York brain injury and personal injury lawyer at De Caro & Kaplen, LLP will speak with your doctors, neuropsychologists, therapists and rehabilitation personnel to find out about your treatment, the therapy that you are receiving and will need in the future as well as the disabilities that you now suffer from and will likely have in the future. While speaking with medical personnel is important, we do not believe that this is sufficient to understand the full extent of your injuries and the manner in which it has affected you. We know that we must speak with your spouse, your family members, close friends and your co workers to appreciate the full extent of how your injury impacts your daily life.

Medical Malpractice Attorneys

We represent victims of medical malpractice, hospital malpractice and nursing home abuse throughout the State of New York in all federal and state courts.

In medical malpractice cases, after our interview, the usual first step is gathering all of your medical records from your doctors and the hospitals where you received treatment. As noted New York medical malpractice lawyers, we believe that to properly analyze your case, it is important for us not only to obtain summaries or portions of your records but that we acquire and review them in their entirety. Following our preliminary review, we then send your medical records to qualified physicians so we can obtain their opinions and guidance. In medical malpractice cases we are constantly consulting with board certified physicians in the area of medicine involved in order to better understand the essential issues of your case.

Representing children with traumatic brain injury- Understanding the affect time has on a brain injury
When we represent children who have sustained a traumatic brain injury, we believe that is important to gather all of the child's school records to see how their injury has affected their school performance. We will also speak to your child's teachers to gather essential information. From our experience, following a traumatic brain damage, many injuries to the brains of children are not initially apparent. The affects of the brain injury may not be seen in their school performance for many years. As the brain matures and as the tasks a child is asked to perform increase in complexity, the full extent of the injury can be understood. We will continue to ask you for progress reports on your child's school performance during the course of our legal representation as the personal injury attorney of you and your family.

Questioning Those Primarily Responsible For Your Injury

In addition to fact-finding and evidence preparation, we also will ask those responsible questions about the accident and their involvement and conduct in a process called a deposition. This is an important step in any personal injury law suit and allows us to directly confront the wrong doer and carefully question them concerning their negligence. At our New York personal injury law firm, we will frequently video tape these depositions so we can play back the important parts to a jury at the time of trial.

We Believe In Being Prepared

At De Caro & Kaplen, LLP, we believe in preparation, preparation and preparation. We do not sit back and wait for an insurance company to offer us a settlement. Our planning for each and every one of our cases is done as if we are going to trial. That way, the insurance company and their representatives understand not only that we are serious. but also that we will leave no stone unturned in the legal representation that we provide to YOU. Only in this way do we believe that we can obtain true justice for you or your loved one.

When the day comes to begin your trial, we will be ready to prosecute your case. We will have the exhibits prepared to show to the jury to demonstrate your injury. In cases of bone fractures that are visible on x rays or brain injuries that show up on MRI or CT scans, we will take these films and convert them to poster size. When your doctor testifies in Court he or she can then work with these tools to show and explain to the jury the injury that you sustained. We also frequently work with anatomical models of the portion of your body that was injured. We have skeletal models of the arm, leg, foot, hand and also the brain and skull that we bring with us to court to explain how the accident has affected you.

We have all the latest technical equipment for trial demonstration purposes.

In court, we will utilize expert witnesses including accident reconstruction experts, professional engineers, physicians and surgeons to explain the whys and hows of your accident and your condition. Additionally, the economists, vocational rehabilitation professionals and life care planners will also be brought to court to testify concerning the financial impact that your injury will have on your future.

We take our responsibility seriously

At De Caro & Kaplen, LLP we believe that being called someone's personal injury lawyer is something to take great pride in. We believe that this is an important responsibility that cannot be handled lightly. Our results and our client's satisfaction at the end of the process exemplify how seriously we take being your New York personal injury lawyer.

Our reputation

Over the past 26 years, we have successfully obtained multimillion-dollar settlements for our clients. We have successfully handled cases involving traumatic brain injuries, construction site accidents, medical malpractice, nursing home malpractice and wrongful death. We have successfully handled cases involving automobile accidents, trucking accidents, bus and train accidents as well as cases involving faulty premises and defective buildings.

Our results have been reported in leading newspapers, television news programs and legal periodicals. Our cases have been reported in the New York Times, New York Daily News, New York Post, Newsday, the Albany Times Union, on the Associated Press as well as by other papers throughout the State and nation. We have been interviewed by CBS news, NBC news and ABC news as well as Fox broadcasting.

Call New York brain injury and personal injury lawyer Michael Kaplen or his partner New York brain injury and personal injury lawyer Shana De Caro today for a free no obligation consultation. They can be reached toll free at 1866 Brain Law or by e mail at