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Choosing A New York Brain Injury Lawyer: Things To Consider

Selecting a brain injury lawyer to represent you in your case is no trivial matter. In fact, it’s one of the most critical decisions you’ll face in your post-injury journey. Since the results of your lawsuit will have a defining, long-term impact on the quality of your life (and your family members’ lives), it’s important to choose someone who is well-qualified. Your lawyer should possess knowledge, education, and experience in this specialized area of personal injury law while also having empathy and compassion for those who have been affected.

Looking to hire a proven New York brain injury lawyer? Get to know our legal team—contact De Caro & Kaplen, LLP today.

Why retain New York Brain Injury Attorneys, De Caro & Kaplen, LLP for your brain injury case?

An attorney representing a person living with a brain injury must have resources he or she can share about care options, care providers, rehabilitation options, and government assistance.  And most important, treat the survivor with compassion and respect.  

  • Shana De Caro and Michael Kaplen have represented brain injury survivors almost exclusively for the past 40 years.
  • Shana and Michael are nationally recognized leaders in brain injury litigation and have both served as chairs of the American Association for Justice, Traumatic Brain Injury Litigation Group.
  • Shana has now completed her second term as Chairwoman of the Brain Injury Association of America.
  • Michael served three terms as President of the Brain Injury Association of New York State and twice chaired the New York State Traumatic Brain Injury Services Coordinating Council. 
  • Michael Kaplen teaches the only course on traumatic brain injury law in the nation at The George Washington University Law School
  • Shana De Caro and Michael Kaplen extensively lecture to attorney associations and at medical meetings throughout the nation on effective representation of brain injury victims and brain injury in the courtroom. They have authored many articles on brain injury law and prosecuting brain injury cases.
  • The Brain Injury Law Firm® is small, allowing the New York personal injury attorneys at De Caro & Kaplen, LLP to provide their clients with personalized assistance and attention, and devote the time and attention to each case they accept.  
  • And most important, Shana De Caro and Michael Kaplen care about their clients and their families and will not give up until they obtain justice on their behalf.

Contact our attorneys today for a free consultation.

Interviewing Attorneys

An initial case evaluation allows a brain injury attorney to gather information about your case and decide if he or she will take you on as a client. At the same time, it’s an opportunity for you to learn about the lawyer’s background, experience, and qualifications. Don’t be shy about asking questions! This is an important part of the screening process, and positive and open communication can lay the foundation for a successful relationship.

Below are some questions you should consider asking a brain injury lawyer (don’t forget to write down the answers).

  • How long have you been in practice?
  • What percentage of your law practice is devoted to representing people with a traumatic brain injury (TBI)?
  • What are your results in representing clients with brain injury cases similar to mine?
  • Will you be the personal injury attorney handling my brain injury case, or will you be referring it to another lawyer or law firm?
  • Do you actively contribute knowledge to the field of brain injury law—for example, by authoring articles, lecturing, or participating in local associations?

Traumatic Brain Injury is Our Core Focus

Shana De Caro & Michael Kaplen, the brain injury attorneys at De Caro & Kaplen, LLP, concentrate their practice on representing victims of brain injury, head injury, concussion, coma, traumatic epilepsy, and seizure disorders. Our firm’s 35-year track record in this area is stellar. In fact, Shana and Michael have achieved verdicts and settlements in brain injury cases totaling over 100 million dollars.

Our lawyers are recognized across the country for their keen insights and knowledge in traumatic brain injury law. In addition to their involvement with numerous brain injury advocacy groups, Shana and Michael are often asked to speak publicly to large audiences on TBI topics such as the long-term consequences of brain injury, proper trial techniques, and ethical considerations in brain injury litigation.

Shana De CaroShana De Caro is a member of the Board of Directors of the Brain Injury Association of America and Immediate Past Chair of the American Association for Justice, Traumatic Brain Injury Litigation Group.

Michael Kaplen

Michael Kaplen teaches the only course on traumatic brain injury law at George Washington University Law School. He is also a three-term past president of the Brain Injury Association of New York State and past chair of the American Association for Justice, Traumatic Brain Injury Litigation Group.

Discussing Legal Fees

De Caro & Kaplen, LLP provides legal representation on a contingency basis. This means, very simply, that you pay no legal fees up front. We advance the funds necessary to prosecute your case. If we win a verdict or settlement on your behalf, our fees and expenses are collected from that total amount. We believe in this approach because it makes competent legal representation available to everyone, not just people with deep pockets.

Qualified Legal Representation is Just a Phone Call Away

Case evaluations are always free, and there is no obligation. Start your search for a New York brain injury lawyer by contacting our firm today.

Why bigger may not be better for your brain injury case:

  • Because a brain injury is like no other injury that a personal injury attorney has ever encountered. 
  • From the inside, a brain injury is difficult to describe.  From the outside, a brain injury is difficult to understand. 
  • A brain injury survivor may look fine, they may sound fine, yet this invisible injury impacts their entire life and the life of their family members. 
  • An attorney representing a brain injury survivor must understand this invisible injury and be prepared to deal with skeptical insurance companies, medical plans, and the judicial system.
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