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Sue For a Concussion in New York

If you or a loved one suffered from a concussion in New York, which was caused by the negligence, or nefarious actions of another individual or entity you have a right to sue those responsible.

No matter the cause of your concussion, the brain injury lawyers at De Caro & Kaplen, LLP can help you get the justice and compensation you are entitled to. Our partners Shana De Caro, and Michael V. Kaplen have over 43 years experience representing victims of concussion in New York State, and have a unique understanding of the laws surrounding concussions and other brain injuries.

And let’s be clear: a concussion is a brain injury.

When you choose to sue for a concussion in New York, you need a law firm on your side that’s prepared to go the distance. And while many plaintiffs will choose to settle, we prepare every case as if it will go to trial. If we don’t feel you’re getting every single penny you’re entitled to, we’ll go to court to make sure you do. And we work on a contingency basis, which means there are no up-front fees for you to pay. In short, we only get paid when you get paid.

  • Our concussion lawsuits in New York have resulted in many successful multi-million dollar verdicts and settlements for our clients.
  • Our partners, Shana De Caro, and Michael V. Kaplen, have been invited to lecture on issues of concussion and brain injury to attorneys throughout New York State and the US
  • Shana De Caro served two terms and is immediate past Chairwoman of the board of directors of the Brain Injury Association of America
  • Michael V. Kaplen served three-terms as president of the Brain Injury Association of New York State, and is a Professorial Lecturer in Law at The George Washington University Law School where he teaches the only course in the nation devoted to traumatic brain injury law.

When we sue for a concussion in New York we’ll fight tirelessly on your behalf to get you the justice and compensation you deserve.

Call us today at (212) 732-2262 for a free consultation, or fill in our contact form here.

Causes of Concussion For Which You Have a Right To Sue in New York

Concussions Sustained in Car Accidents

While the law surrounding concussions sustained in car accidents in New York is complex, if it can be proven that the negligence of another party caused your injuries you have a right to sue. 

For example, our firm successfully obtained a $2,000,000 pre-trial settlement for a vehicle accident caused by a negligent driver who struck our client’s vehicle, resulting in a concussion and post-concussion syndrome.

Other Common Causes of Concussion

Steps to Sue For a Concussion Suffered in New York

Step 1: Consult with a Brain Injury Attorney

Concussions are brain injuries. Which means that if you have suffered a concussion due to the negligence of another party, your first step is to consult with an experienced brain injury lawyer. With over 43 years of experience in representing brain injury survivors in New York, the brain injury attorneys at De Caro & Kaplen, LLP can evaluate your case, explain your rights, and guide you through the legal process.

Step 2: Gather Evidence

Working together our attorneys will assist in obtaining all relevant details about your case. This may involve speaking to witnesses, obtaining CCTV footage where available, obtaining police records, consulting with medical staff involved in your treatment, and talking to insurance companies.

Step 3: Obtain Expert Opinions

Our firm has access to doctors and other experts who specialize in concussions and brain injury.  These expert witnesses will assist our attorneys in the prosecution of your case, and provide necessary expert testimony to establish the malpractice if your case proceeds to trial. 

Step 4: File a Lawsuit

Once we have collected evidence, and consulted with qualified experts, we will prepare a lawsuit against the responsible parties. This initiates the legal process and notifies the defendants of your claim.

Step 5: Proceed with Discovery

After a concussion lawsuit is instituted, various steps take place including obtaining additional records and information from the individuals or entities we have sued. We have the opportunity to question individuals under oath during a deposition.

Step 6: Negotiate a Settlement

In many cases, the parties may reach a settlement before going to trial. We may participate in a process with the insurance carriers and attorneys representing the individual or entity known as mediation. We will discuss options with you and attempt to negotiate on your behalf to ensure you receive fair compensation.

Step 7: Go to Trial

If a settlement cannot be reached, your concussion case will proceed to trial. We thoroughly prepare your concussion case including all witnesses and documents, and present your case to a jury who will determine the outcome.

Contact Our Brain Injury Lawyers Today For a Free Consultation

If you or a loved one has suffered a concussion in New York through the negligence of another party, don’t wait to seek justice. Contact our experienced brain injury attorneys today to discuss your case and start the process of holding the responsible parties accountable.

Contact us today for a free consultation.

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