Change Your Lawyer

Unhappy with Your Lawyer? Don’t Settle for Anything Less Than a Highly Qualified New York Brain Injury Attorney.

Not all lawyers are the same—even if they claim to have expertise in catastrophic injury or traumatic brain injury (TBI) accident cases. Handling a case involving TBI requires not only special knowledge about the injury and applicable laws, but also a caring and compassionate professional who wants to allay your fears, answer your questions, and vigorously prosecute your claim.

You Can Change Your Attorney at Any Time, for Any Reason

In New York State, a client always has the right to change attorneys. If you’re not satisfied with the way you or your case is being treated, the law allows you to discharge and fire your current attorney and retain a new one. It doesn’t matter what the reason is. You deserve more than someone with a license to practice law. You deserve personal injury attorneys who really understand brain injury—how it occurs, how it affects you and your family, and how to pursue justice. You deserve an attorney who treats you with care and respect. Consider changing lawyers if:

• You feel you’re being ignored; your attorney doesn’t take your calls or respond to inquiries.
• Your attorney doesn’t seem to understand your injuries or your disability.
• Your attorney always appears to be “too busy” to focus on you or your case.

When an attorney says that he or she has experience with brain injury, don’t just take it at face value. Ask for more information and details. A blanket assertion doesn’t make someone the right attorney for you. You’re worthy of the best representation you can obtain for your particular case.

Experience Matters. Choose De Caro & Kaplen, LLP.

Michael Kaplen and Shana De Caro—partners at the law firm of De Caro & Kaplen, LLP—have devoted decades of their professional practice to zealously advocating for victims of catastrophic injury and traumatic brain injury. With knowledge and compassion, Michael and Shana represent clients throughout New York State and affiliate with competent attorneys across the nation.

"You need somebody who listens and cares"

Shana De Caro

• Member, Board of Directors, Brain Injury Association of America
• Board of Directors, New York State Academy of Trial Attorneys
• Immediate Past Chair, Traumatic Brain Injury Litigation Group, American Association for Justice

Michael Kaplen

• Three-term president, Brain Injury Association of New York State
• Past Chair and current member, New York State Traumatic Brain Injury Services Coordinating Council
• Professorial Lecturer in Law, The George Washington University Law School

The attorneys at De Caro & Kaplen, LLP will work tirelessly to uncover the root cause of the incident as well as the true extent and consequences of your injuries, with a goal of getting you the maximum compensation for your hardships. Our firm represents accident victims involved in:

• Automobile crashes
• Bus and truck collisions
• Pedestrian collisions
• Train accidents
• Unsafe construction worksites
• Dangerous buildings
• ... and more.

Our firm also represents victims of medical malpractice and hospital and nursing home malpractice.

You Don’t Need Permission to Switch

If you don’t believe your attorney has the knowledge, experience, and dedication to protect your interests, you have the right to hire counsel who is up to the task. Remember: you don’t need your current attorney’s permission to obtain a new lawyer to represent you. The decision is up to you.

How to Select an Attorney for a Brain Injury Case

Why are brain injury cases different from other personal injury lawsuits?

A brain injury is an injury that impacts all aspects of an individual’s life. It differs from cases dealing with fractures such as a broken leg or a fractured hip. Selecting a brain injury attorney is much more involved because of the repercussions that it may have on an individual’s life.

What are the potential impacts of a traumatic brain injury?

• Who you are.
• What you can do.
• What emotions you are feeling and can cause anxiety and depression.
• Physical symptoms 

What are questions to ask when interviewing an attorney for your brain injury case?

• Experience: How experienced is the lawyer in representing brain injury survivors?  Is this their first case involving traumatic brain injury? Or have they handled many cases in this field?
• Success:  How successful has the attorney been in representing brain injury survivors Has he or she obtained verdicts in brain injury cases, or do they just settle cases? It’s important to know because insurance companies look at attorneys and see whether they’re willing to go the distance, or whether they will just throw their bag down and run.
• Membership Associations:  Determine if your attorney is a member of a brain injury association to ascertain whether they have interacted with people with a traumatic brain injury, and whether they understand how these injuries affect day to day functions.
• Case Responsibility: You need to find out if your attorney will handle the case themselves. It’s not enough to assign the case to an associate or a paralegal. Your attorney must be involved in all aspects of your case.
• Brain Injury Knowledge: It’s also important to observe your attorneys office to determine if they have textbooks on traumatic brain injury, to see if they are keeping up with the literature. You need to inquire if he or she has attended any seminars on traumatic brain injury litigation, or even if they have taught these seminars.

Questions about your case? Call us toll free at 1-866-272-4652 for a free, no obligation consultation or use our simple online form.