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Concussion and Brain Damage: The “Invisible Injury”

Often persons who have sustained a traumatic brain injury and develop 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. 

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 from a post 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 perfect 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 a 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.

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.


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

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.