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How do I file a personal injury claim?

How do I file a personal injury claim?

How do I file a personal injury claim?

A lawsuit is started by filing a complaint, allegations of negligence against the people who committed the acts that you are complaining of that you say caused your injury. After the complaint is filed with the court, it gets served on the defendants usually by a process server. After the initial discovery proceedings, the defendants will ask for information about your medical condition. They will request copies of your medical records, your hospital records. After that, both parties submit to oral questioning called depositions.

They ask you how the accident happened, the nature of the accident, the nature of your injuries and how it's affected your life. The court orders a date to be set for trial at which point the attorneys for both sides prepare their cases for trial. If you’ve had an accident either with a car, or a truck or a bus, it is important for you to contact an attorney right away because there are time limits within which you can bring a lawsuit.

Please call the attorneys at De Caro & Kaplen for a free, no-obligation consultation. We are here, and we are committed to achieving justice and fair compensation for our clients.

De Caro & Kaplen LLP Announce 2019 Traumatic Brain Injury Scholarship Winner
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De Caro & Kaplen LLP Announce 2018 Traumatic Brain Injury Scholarship Winner
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What do I do after a car accident?

What do I do after a car accident

What do I do after a car accident?

What should you do after a car accident depends on whether you're at the scene of the accident or things that you could do later on. At the scene of the accident, obviously, you must stop, you must try to report it to the police as soon as possible and exchange information with the other driver. It's important if you can do it, to take pictures at the scene of damage to your car, damage to the other vehicle. It's important that if you are seriously injured, that you ask the police at the scene to obtain medical assistance for you.

If you leave the scene of an accident and you are not feeling well, then, again, it's important that you obtain medical care as soon as possible. It's also important that you report this accident to your own insurance company as soon as possible to activate necessary benefits that you might have such as no-fault benefits that will pay for your care. I say your insurance company for a very important reason.

It's also important that you not speak to the other people's insurance company. That you don't speak to investigators that might knock on your door and ask you for information or might call you on the telephone. It's important that you consult an attorney without delay to tell you what your legal rights are and to protect those rights. Call us today for a free no obligation consultation. Let us help you navigate your road to recovery following one of these collisions.

De Caro & Kaplen LLP Announce 2019 Traumatic Brain Injury Scholarship Winner
California art student Luis Fierro Rios, who sustained a serious brain injury in 2016, is announced as the latest recipient[...]
De Caro & Kaplen LLP Announce 2018 Traumatic Brain Injury Scholarship Winner
New York brain injury attorneys, De Caro & Kaplen, LLP are proud to have presented the annual De Caro &[...]
How does trauma change the brain?
How does trauma change the brain?The brain is a soft, jello-like substance that's contained within the skull and it can[...]
Can whiplash cause a concussion?
Can whiplash cause a concussion?Whiplash can cause a concussion. Usually, you're talking about it with respect to injuries of the[...]
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Common injuries from falling down stairs

Changing lawyers

Injuries from falling downstairs occur because a landlord or a property owner hasn't properly maintained that staircase. It could be from a handrail that's misplaced. It could be because that staircase doesn't even have a handrail, or perhaps there's a rug or carpet that's frayed or has a hole in it, which causes someone to trip and fall. When each one of these situations takes place and a person falls, there could be a number of different injuries that develop.

There could be ankle injuries as a result of twisting that ankle, there could be fractures of the ankle. There could be injuries to the knee, torn ligaments that may develop. You might also fall and hit your head causing a traumatic brain injury. In each one of these situations, it's important, obviously, to seek medical advice as soon as possible. It's also important to go back to that scene as soon as possible and photograph what caused your injury to take place before the situation changes. Frequently, what we see, the landlords are not doing their job properly until, unfortunately, someone gets hurt.

Then they make the repair that they should have made before. It's important that we, as lawyers, are able to document the dangerous condition that existed at the time of your fall. When you retain the law firm of De Caro & Kaplen, you retain lawyers that will go to the scene of the accident. Will hire appropriate engineers and other experts, search the building close to determine exactly why your injury took place and how that injury could've been prevented.

De Caro & Kaplen LLP Announce 2019 Traumatic Brain Injury Scholarship Winner
California art student Luis Fierro Rios, who sustained a serious brain injury in 2016, is announced as the latest recipient[...]
De Caro & Kaplen LLP Announce 2018 Traumatic Brain Injury Scholarship Winner
New York brain injury attorneys, De Caro & Kaplen, LLP are proud to have presented the annual De Caro &[...]
How does trauma change the brain?
How does trauma change the brain?The brain is a soft, jello-like substance that's contained within the skull and it can[...]
Can whiplash cause a concussion?
Can whiplash cause a concussion?Whiplash can cause a concussion. Usually, you're talking about it with respect to injuries of the[...]
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New York Daily News: Woman files suit against golfer whose airborne club allegedly fractured her face

Michael Kaplen was quoted in this article by the New York Daily News, entitled Woman files suit against golfer whose airborne club allegedly fractured her face.

“It’s my understanding that he wasn’t happy with his golfing that day and he let the club swing right out of his hand,” Kaplen said. “He says, ‘Godd—-t, I’m not having a good day.”

“It was a reckless and stupid thing to do, and unfortunately an innocent victim got hurt,” Kaplen added.

“It is improper, impermissible, dangerous, negligent, careless, reckless, and/or contrary to the usual and customary rules of golf for a participant in a golf game to throw, let go of, lose, release, and/or otherwise cause a golf club to fly out of his hands and be launched into the air,” the suit says.

“He did not have the requisite skill, knowledge, training, education to play golf on a public golf course.”

Michael was also quoted in this New York post article on the same story:

“The gentleman we’re suing wasn’t particularly pleased with his performance,” Touhey’s attorney Michael Kaplen said, in a gross understatement.

“On the golf course when you get aggravated you don’t punch the table or kick the ball, you swing your club out of frustration, and he swung it and it released out of his arm and unfortunately into the face of Mary Touhey,” Kaplen said.

How do I report medical negligence?

How do I report medical negligence?

Medical negligence can happen in a variety of situations. It can happen in a doctor's office, it can happen in a hospital, it can happen in a nursing home. We know from studies that almost 20% of all medical encounters result in some type of medical negligence causing an injury to that patient. In each one of these situations at some point if you find out that that error took place to report it to the proper medical authorities. In each state, we have a Department of Health.

In New York State, the Department of Health is charged with the responsibility of investigating those errors. When it comes to medical events in a doctor's office, each state has a separate disciplinary body that will again perform an investigation. But it's not enough that you rely upon the state to perform the investigation. You need to hire a private attorney to perform our own investigation, to obtain hospital records, to have those records reviewed by an independent medical consultant to determine exactly what happened, why it happened and how it could have been prevented.

When you retain the law firm of De Caro & Kaplen, we will do all this for you and we will make sure that you get the justice that you deserve.

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