Legal

The guides below are written by De Caro & Kaplen, LLP partner Michael Kaplen, who has spent over forty years championing the rights of survivors and their families. Drawing upon his extensive experience in handling TBI cases in New York State, Michael provides clear, accessible information on a range of topics—from selecting the right lawyer and navigating ethical considerations to calculating lost wages and preserving Medicaid benefits—helping you better understand the legal landscape surrounding traumatic brain injury claims.

While these resources offer valuable insights gathered throughout Michael’s years of advocacy, they are not a substitute for personalized legal counsel. Every situation is unique, and consulting directly with a qualified attorney remains the best way to protect your rights and ensure the most favorable outcome for your case. Find out more about how De Caro and Kaplen, LLP can help with your brain injury case here.

In This Section

➡️ How to Choose the Best Legal Representation for Your Brain Injury Case

Discover essential tips and questions to ask when selecting an experienced brain injury attorney, ensuring you secure the best legal advocate and fair compensation for your TBI case.

➡️ Ethical Considerations for Attorneys Representing Brain Injury Survivors in a Personal injury Lawsuit

Discover essential ethical guidelines for attorneys representing brain injury survivors, emphasizing compassion, patience, and tailored communication to foster a respectful, effective attorney-client relationship.

➡️ How To Win A Brain Injury Case

Discover proven strategies to counter common defense tactics, educate jurors on the realities of “invisible” head injuries, and secure a just outcome for brain injury survivors.

➡️ How To Calculate Loss of Earnings in a Traumatic Brain Injury Lawsuit

Discover how attorneys accurately calculate future loss of earnings in TBI cases by assessing vocational economics, lifetime earning capacity, and the unique workplace challenges faced by brain injury survivors.

➡️ Preserving Entitlement To Medicaid in Brain Injury Lawsuits

Learn how settlement funds can impact Medicaid eligibility for TBI survivors, and why establishing a Supplemental or Special Needs Trust is essential for preserving critical benefits.

➡️ What Your Personal Injury Lawyer Must Know About "Mild" Traumatic Brain Injury

Discover the key medical facts and legal strategies every personal injury lawyer must master to recognize the serious, far-reaching effects of so-called “mild” traumatic brain injuries.