Concussion and Brain Damage: The “Invisible Injury”

Often persons who have sustained a traumatic brain injury do not obtain adequate compensation for their brain injuries because their lawyers do not understand this serious condition. The experienced brain injury attorneys at De Caro & Kaplen, LLP understand that a brain injury can last a lifetime.

Allow the brain injury lawyers at De Caro & Kaplen, LLP to put their knowledge, skill and resources to work for you.

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

What sets us apart from most New York personal injury lawyers is our commitment and passion to protect the rights brain injury victims– De Caro & Kaplen, LLP Provides Compassionate Legal Representation to the Victims of Brain Damage and Their Families.

Here are some simple facts that every New York personal injury attorney must know:

Did you know that a person can have a serious, permanent and disabling traumatic brain injury, even though:

  1. The person is not knocked out at the scene of the accident.
  2. The person may be walking, talking and even exchanging his driver’s license at the scene of the accident
  3. The person did not sustain any cuts, broken bones or major injuries in the accident.
  4. The person may have a negative MRI, CT scan or EEG.
  5. The defense doctor, or the insurance company, will find that the person is neurologically sound despite future findings of brain damage.
  6. There was not a “big car crash” and that even a low speed or low impact car crash can exert sufficient force on the brain to cause a traumatic brain injury, resulting in post concussion syndrome.
  7. That the delay in diagnosing the brain damage is not the patient’s fault, but may be because of lack of education on this subject by the medical community.
  8. The injured person gave different versions of what happened in the car accident. This is sometimes to be expected, because a person with a concussion injury is a very poor historian when it comes to recalling the facts.
  9. The patient only related two or three problems following the car crash and family members and close friends relate twenty or thirty problems including personality changes.
  10. The person was able to continue working, but if he/she is given a new responsibility, promoted, transferred to another job or obtains new employment, he/she may have tremendous difficulty and end up getting fired.
  11. The term “post concussion syndrome” may mean traumatic brain injury.
  12. Attention or concentration problems following an accident may mean that the person suffered traumatic brain injury or brain damage.
  13. Changes in personality or behavior following an accident may also mean that the person suffered a traumatic brain injury
  14. New brain damage symptoms may appear days, weeks, or months following an accident.
  15. The person has a normal neurological exam, since this exam does not reveal the neuropsychological deficits associated with traumatic brain injury.
  16. The diagnosis of traumatic brain injury, closed head brain injury, or traumatic brain injury is based on the entire battery of tests and the entire examination and not the patient’s answer to one question or series of questions.

We are New York brain injury lawyers that concentrate our practice on representing victims of  brain trauma. While many lawyers and law firms do not appreciate the life long consequences of a mild traumatic brain injury, brain injury lawyer Michael Kaplen and his partner, New York brain injury lawyer, Shana De Caro  understand that no two brain injuries are alike.

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

Our legal practice is focused on the legal representation of brain injury victims and their family members.  New York brain injury attorney, Shana De Caro is the chair of the Traumatic Brain Injury Litigation Group of the American Association for Justice.  New York brain injury attorney, Michael V. Kaplen is a professorial lecturer at the George Washington University Law School teaching the only course on traumatic brain injury law in the nation.  Together, they have an extraordinary combination of knowledge, experience and compassion to provide you with legal assistance.

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 designating De Caro & Kaplen, LLP as “Preferred Attorneys”

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.”

Call us today for a free no obligation consultation. We have also prepared a free book, Brain Injury-A Guide To Your Legal Rights which we would be pleased to send to you if you e mail us with your name and address.