For legal assistance, contact us toll free at 1 866 272 4652
 

Traumatic Brain Injuries: A National Epidemic

Traumatic Brain Injuries, also known as a closed head injury, TBI, head injury, brain damage or a concussion can dramatically affect the lives of those who have experienced brain trauma and their families. In many cases these brain injuries leave their victims permanently disabled in need of months or even years of brain injury rehabilitation, and may even cause wrongful death.

Our national legal practice is focused on the legal representation of brain injury victims and their family members

Our law firm has been selected as Preferred Attorneys by the Brain Injury Association of America

Michael Kaplen, Esq. is a legal advisor to Grid Iron Greats in their mission to provide proper compensation to retired football players who have sustained traumatic brain injuries

Michael Kaplen, Esq. is a legal advisor to Grid Iron Greats in their mission to provide proper compensation to retired football players who have sustained traumatic brain injuries

Use these pages to learn more about Traumatic Brain Injury:

New York Personal Injury Attorneys: Pursuing Justice with a Passion

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

Choose a New York Brain Injury Law Firm with the Expertise to Effectively Represent You in Court

The brain injury lawyers at De Caro & Kaplen, LLP, understand the complex medical and legal implications of traumatic brain damage  and recognize the emotional stress that you have sustained as a result of your brain trauma. Our New York based brain injury lawyers comprehend the complications of these unique brain trauma issues and can effectively represent victims of head injuries as a result. Contact us now for a free consultation.

We are proud that our senior partner, New York Brain Injury Lawyer Michael V. Kaplen 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.  He has served as the chair of the New York State Traumatic Brain Injury Services Coordinating Council and the three term past president of the Brain Injury Association of New York State. Brain Injury Attorney, Michael Kaplen also has served as the Chair of the Traumatic Brain Injury Litigation Group of the Association of Trial Lawyers of America.  New York Brain Injury Attorney,

Shana De Caro is the Chair of the Traumatic Brain Injury Litigation Group of the American Association for Justice and elected secretary and board member of the Civil Justice Foundation.

Both of our Brain Injury Attorneys are proud members of the Brain Injury Association of New York State, the Brain Injury Association of America,  the North American Brain Injury Society and the International Brain Injury Association.

Both of our partners have been selected as New York Super Lawyers and serve on the Board of Directors of the New York State Academy of Trial Lawyers.

Michael Kaplen, Bd. of Directors, Trial Lawyers for Public Justice, at Annual Meeting with Rev. Jessie Jackson

Michael Kaplen, Bd. of Directors, Trial Lawyers for Public Justice, at Annual Meeting with Rev. Jessie Jackson

Our New York personal injury attorneys co-author the traumatic brain injury column for the New York Law Journal and have co-authored the chapter on NeuroLaw for the Psychiatric Clinics of North America edition on traumatic brain injury and have lectured on brain injury malpractice at the Ground Rounds of Mt. Sinai Medical Center, New York.

Preferred Attorneys—Brain Injury Association of America

You’ve come to the right place for help in finding legal representation. The Brain Injury Association of America has recognized the skills and experience of our New York brain injury law firm by listing De Caro & Kaplen, LLP as “Preferred Attorneys”, the only New York attorneys with this distinguished honor.

Attorneys in the Brain Injury Association of America Preferred Lawyer Program “know the carelessness of others changes lives in an instant. They know the physical, cognitive, emotional, and financial tolls a brain injury can inflict on individuals and their families. Firms enrolled in the BIAA Preferred Attorneys Program know the stakes are high and that settling for less has lifelong consequences.”

 

Traumatic Brain Injury–An Injury with Lifelong Consequences

While the symptoms of a concussion or other traumatic brain injury may not be apparent to the casual observer, post concussion syndrome and brain trauma can cause devastating life long consequences.

Although no amount of money can reverse the damage these head injuries cause, a full and fair settlement can provide a person suffering from a traumatic brain injury the necessary funds for the long term rehabilitation and medical care, which is often necessary after brain trauma. It can provide the needed money to replace loss of income due to inability to work or get promoted. A sufficient settlement will also allow a person with TBI to get the assistance and brain injury rehabilitation that he/she needs to live in the community with  family and loved ones, as well as provide help to a spouse and children.

Free Brain Trauma Legal Guide

Our commitment to the rights of brain injury victims has led us to publish Brain Injury – A Guide to Your Legal Rights – a book covering all aspects of brain injury, including signs and symptoms, communicating with your doctor, selecting legal representation, and financial planning options. Contact Us to receive a free copy of this valuable resource today.

We are proud to sponsor and support the programs and activities of the New York State Brain Injury Association and the Brain Injury Association of America. We take great pride in representing our clients with compassion and enthusiasm to see that justice is done. Since we believe that the best cure for a traumatic brain injury is prevention, we advocate taking an active role in brain trauma prevention programs.

Did you know that according to the Centers for Disease Control, every 23 seconds, someone in the USA is the victim of brain trauma?

Acquired Brain Injury

Brain injury can also occur from non-traumatic events.  When the brain damage was not caused by trauma, it is referred to as an acquired brain injury.

Frequent Causes of Acquired or Non-Traumatic Brain Damage:

  • Aneurysm:  when the walls of a blood vessel in the brain are weakened, bleeding within the brain can take place and brain damage can occur
  • Encephalitis or Meningitis:  when an infection takes place in the brain, brain damage can occu
  • Hydrocephalus:  when fluid builds up in the ventricles of the brain causing compression of the brain’s nerve cells, brain damage can occur
  • Hypoxia:  when the brain is deprived of sufficient oxygen, brain damage can occur
  • Stroke:  when an embolus travels from an artery and becomes lodged in the brain, brain damage can occur
  • Toxic chemicals: when the brain is  poisoned by chemicals or mold, brain damage can occur

The effects of brain injury

Brain injury can have cognitive, physical and emotional effects that will have a profound impact upon the individual.

Cognitive effects of brain injury include::

  • Attention and concentration impairments
  • Cognitive fatigue
  • Difficulties multi-tasking
  • Difficulties problem solving
  • Learning disability
  • Memory loss and amnesia

Physical effects of brain injury include:

  • Dizziness and balance impairment
  • Headaches
  • Nausea and vomiting
  • Taste and smell changes
  • Sensitivity to bright light
  • Sensitivity to loud noise
  • Seizures
  • Sleep disturbance
  • Visual impairment

Emotional and behavioral effects of brain injury include:

  • Anger
  • Depression
  • Frustration
  • Impulsivity
  • Irritability
  • Lack of self-control
  • Lack of motivation
  • Sexual disinhibition

Contact a New York based brain injury lawyer at De Caro & Kaplen, LLP for a free, no obligation consultation about your brain injury case. We can be reached toll free at 1 866 272 4652 or 1 914 747 4410 or you can use this form:  Contact Us.

Our Credentials

Michael Kaplen

Professorial Lecturer in Law
The George Washington University Law School

Past 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

Admitted to practice:
New York
Florida
District of Columbia

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

Chair
Traumatic Brain Injury Group: American Association for Justice

1st Vice President
American Academy of Brain Injury Attorneys

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

Advisory Board, Acquired Brain Injury Program, The George Washington University Graduate School of Education and Human Development, Washington, D.C.

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
District of Columbia

 

* 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.