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

A traumatic brain injury (TBI) can disrupt every aspect of your life, leaving you and your family to deal with significant physical, emotional, and financial challenges. Whether your brain injury was caused by a car accident, a fall, medical malpractice, or another form of negligence, securing the right attorney is critical. Choosing an experienced brain injury lawyer who understands the complexities of TBI cases can ensure you receive fair compensation for medical expenses, lost income, and pain and suffering. 

This guide will help you understand what to look for when selecting a brain injury attorney. By asking the right questions and focusing on specialized experience, you can find a legal advocate who will fight to protect your rights and help you navigate the legal process with confidence. Don’t leave your future to chance—read on to discover how to choose the best attorney for your brain injury lawsuit. 

Accessing Top Legal Representation 

Your financial situation should never be a barrier to receiving high-quality legal advocacy. In most states, including New York, attorneys handling personal injury cases, such as brain injuries, work on a contingency fee basis. This means you won’t need to pay upfront. Instead, your attorney is compensated through a percentage of the settlement or judgment recovered on your behalf. 

Key Questions to Ask When Choosing the Best Brain Injury Attorney 

Selecting the right brain injury attorney is crucial to ensuring the best outcome for your case. An experienced lawyer who specializes in traumatic brain injury (TBI) cases can make a significant difference in the compensation and support you receive. To find the most qualified attorney for your needs, ask these essential questions: 

  • What percentage of your legal practice is dedicated to brain injury cases? 
  • How many traumatic brain injury cases similar to mine have you handled as the lead attorney in the last five years? 
  • Will you personally manage my case, or will it be referred to another attorney or firm? 
  • What is your track record in achieving successful outcomes for brain injury cases? 
  • Have you authored any books, articles, or publications on brain injury law? 
  • Have you lectured at legal or medical conferences on representing brain injury victims? 
  • Do you regularly attend brain injury conferences or stay updated with the latest developments in brain injury law and treatment? 
  • Have you received honors, awards, or peer recognition for your work with brain injury clients? 

These questions will help you evaluate the attorney’s experience, expertise, and commitment to brain injury advocacy. By choosing a lawyer who specializes in TBI cases and has a proven record of success, you can ensure your rights are protected and your case is in capable hands. 

De Caro & Kaplen, LLP: Leaders in Brain Injury Advocacy

De Caro & Kaplen, LLP has earned the title The Brain Injury Law Firm® due to its nationwide reputation for successfully representing brain injury victims. With over 45 years of experience, our attorneys have handled cases involving a range of injuries, from concussions to comas, caused by car accidents, unsafe premises, construction site negligence, and medical malpractice

Shana De Caro is a past chair of the Brain Injury Association of America and an elected leader of the American Association for Justice’s Traumatic Brain Injury Litigation Group. 

Michael V. Kaplen has served as president of the Brain Injury Association of New York State and chair of New York’s Traumatic Brain Injury Services Council. He teaches the only law school brain injury advocacy course in the United States at The George Washington University School of Law. 

Both Shana and Michael have lectured extensively and written many articles and contributed to numerous text books on effective brain injury case representation. They each have received awards for their legal advocacy on behalf of brain injury victims.  

A Commitment to Personal Attention 

At De Caro & Kaplen, LLP, we pledge to handle your case personally. We are dedicated to guiding you through the physical, emotional, and financial complexities of brain injury recovery with compassion and expertise. Let us be your trusted advisors on the path to justice and fair compensation.  Who you choose as your attorney can make all the difference in the world. 

About The Author

Michael V. Kaplen

Michael V. Kaplen represents victims of vehicle collisions, unsafe buildings and construction sites, and medical malpractice, and is a preferred attorney of The Brain Injury Association of America.

Michael is board certified as a Civil Trial Advocate and board certified in medical malpractice litigation. He is a Professorial Lecturer in Law, The George Washington University Law School, The Legal Aspects of Traumatic Brain Injury.

Michael is past chairman of the American Association for Justice (AAJ) Automobile, Highway and Premise Liability Section, past chairman of the AAJ Traumatic Brain Injury Litigation Group, three term president of the Brain Injury Association of New York State served two terms as chair of the New York State Traumatic Brain Injury Services Coordinating Council and vice-president, New York State Academy of Trial Lawyers.

He was invited by President Obama to participate in the White House Healthy Kids & Safe Sports Concussion Summit.

He is admitted to courts in New York, Florida, and Washington, DC. He has been selected as a New York Super Lawyer and recognized by Best Lawyers of America and U.S. News and World Report in personal injury law.

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