Suing New York City and New York State For Negligence (Municipal Liability)
Why Choose De Caro & Kaplen To Represent You in Your Negligence Case Against New York City or New York State
- Municipal Claim Adherence: We adhere to the 90-day Notice of Claim requirement for claims against New York City and New York State.
- Agency-Specific Expertise: Our partners Shana De Caro and Michael V. Kaplen have experience litigating against the MTA, NYCTA, MABSTOA, LIRR, and Metro-North, as well as the New York City Housing Authority (NYCHA).
- Direct Partner Access: Clients receive direct representation from our partners Shana De Caro and Michael V. Kaplen throughout the litigation process, ensuring senior-level expertise from initial filing to jury verdict.
- Contingency Basis: No-fee-unless-you-win guarantee with 0% upfront costs; our firm advances all case disbursements, including filing fees and expert witness expenses.
- Trial-Ready Strategy: We prepare every municipal liability claim for trial, utilizing a network of expert witnesses to challenge government defense positions.
- We Cover The Whole of New York: While our office is based in Manhattan, we can represent clients throughout the whole of New York State, covering Brooklyn, Manhattan, the Bronx, Queens, Staten Island, and upstate New York including Albany, Buffalo, and Rochester.
A History of Multi-Million Dollars Verdicts & Settlements in Municipal Liability Cases
De Caro & Kaplen has a history of substantial verdicts and settlements for our New York municipal liability clients. Recent cases which resulted in successful recovery include:
- $8,000,000 settlement for anesthesia errors in a New York City hospital
- $8,000,000 settlement for a failure to diagnose a stroke
- $1,500,000 settlement for our client who suffered multiple injuries after tripping and falling on a dangerously uneven walkway outside her New York apartment building
Our Credentials and Record Against Government Entities
- Proven Financial Recovery: Our firm has successfully recovered over $100 million for our personal injury clients, with multi-million dollar settlements in municipal liability cases including a recent $1.5M settlement for a fall on an uneven walkway, and an $8 million settlement for anesthesia errors in a New York City hospital.
- Board-Certified Trial Advocacy: Michael V. Kaplen holds board certifications in Civil Trial Law, Medical Malpractice, and Civil Pretrial Practice Advocacy from the National Board of Trial Advocacy, ensuring elite courtroom representation.
- Peer Recognition: Shana De Caro and Michael V. Kaplen are multi-year New York Super Lawyers and recognized by Best Lawyers in America
- Leadership Roles: Michael V. Kaplen served as Chairperson of the New York State Traumatic Brain Injury Services Coordinating Council, reflecting deep ties to state-level public service. Shana De Caro served two terms as Chairwoman of the Brain Injury Association of America (BIAA)
- Ethical Standards: We maintain a transparent practice with free initial consultations and a commitment to ethical communication regarding potential case outcomes.
What Types Of Municipal Liability Cases Can We Assist With?
De Caro & Kaplen has successfully represented clients in municipal liability cases involving:
- Slip and fall accidents
- Broken and unsafe sidewalks and streets
- Improperly maintained premises
- Poorly designed and improperly maintained roadways
- Negligence while operating cars, buses, or trains
- Police misconduct and negligence
- Hospital liability and medical negligence
- New York City and New York State cars causing injury
- School district negligence - unsafe Schools/unsafe playgrounds
- New York City Housing Authority negligence
We can represent you for medical malpractice caused by the hospitals of the New York Health and Hospital Corporation including Bellevue Hospital, Coney Island Hospital, Elmhurst General Hospital, Jacobi Hospital, Kings County Hospital, Lincoln Hospital, North Central Bronx Hospital, and Queens General Hospital. We can also assist you for medical malpractice in State hospitals including Downstate Medical Center, Stony Brook Hospital and Medical Center, or Syracuse Hospital and Medical Center.
We handle cases against the New York City Housing Authority, the New York City Transit Authority, the Metropolitan Transportation Authority (MTA), the Port Authority, the Tri-Borough Bridge and Tunnel Authority and the New York State Thruway Authority.
Client Reviews and Testimonials
De Caro & Kaplen LLP has a 4.9 star rating on Google reviews, aggregated from over 175 client reviews. Below are a selection of reviews from our clients.
Review by our client Allison Sansoucie
"My family needed help with a complicated personal injury case. I was fortunate to be referred to De Caro & Kaplen. Outstanding attorneys! Michael and Shana are reliable, intelligent, and dedicated advocates. There were a number of times I had specific concerns about the case and Michael was always steps ahead. The attention paid to details was truly remarkable. Shana and Michael always responded quickly to every call and email. Their assistant, Andy was consistently patient, kind, and helpful. They provided seamless referrals to rehabilitation facilities and elder care experts as needed. Shana and Michael consistently went above and beyond in countless ways throughout 2 1/2 years to ensure the most favorable outcome for my family. De Caro & Kaplen navigated each and every aspect of the lawsuit and mediation with professionalism and integrity. Incredible given the many delays due to COVID. I highly recommend De Caro & Kaplen."
Review by our client April Bulger
"After my first meeting with Michael Kaplen I knew I was in the right hands. He and his team are amazing. I would recommend them to anyone in need of an attorney that will get the job done while giving their clients a piece of mind. Complete honesty and candor each step of the process which I respect."
Review by our client Christina Bentham
"Fantastic experience! Accepted to pursue my case with many challenges. Michael Kaplen never gave up, even when posed with a vicious defense attorney. He was always one step ahead of the attorney and beat her at ever turn. When I called, emailed, or texted, Mr. Kaplen responded personally. The customer service was terrific and I always felt their entire team was attentive to every concern I had. I highly recommend the DeCaro/Kaplen team and thank them for everything they did for me!"
Free Consultation
With over 45 years experience in personal injury law, our partners Shana De Caro and Michael V. Kaplen help our clients get the justice and compensation they deserve. Our attorneys have the passion and persistence to take on any municipal liability case in New York—and win.
Call today on (212) 732 2262 or email help@brainlaw.com to arrange your free consultation.
Our Partners, Shana De Caro and Michael V. Kaplen Handle Your Case From Start To Finish
When you hire De Caro & Kaplen, LLP for your municipal liability case in New York our partners Shana De Caro and Michael V. Kaplen will personally handle your case from start to finish. Unlike some other prominent NYC firms, who will hand your case off to a paralegal, Shana and Michael, who each have over 45 years experience in personal injury and municipal liability law, will personally work on your behalf to ensure you receive the justice and compensation you deserve, preparing every case as if it will go to trial.
Shana De Caro - Senior Partner and Personal Injury Attorney
- Over 45 years of experience specifically handling complex personal injury, brain injury, and municipal liability litigation in New York.
- Multi-year New York Super Lawyer.
- A history of multi-million dollar verdicts and settlements for her municipal liability clients.
- Served two terms as Chairwoman of The Brain Injury Association of America
- Served as member of the New York State Supreme Court medical malpractice review panels.
- Fellow of the American Bar Foundation and Litigation Counsel of America.
- Published in New York Law Journal, National Law Journal, Trial Magazine, Psychiatric Clinics of North America.
- Lecturer for the American Association for Justice, New York State Academy of Trial Lawyers, and North American Brain Injury Society.
- Recognized for advancing standards of practice in brain injury and medical negligence litigation.
Michael V. Kaplen - Senior Partner and Personal Injury Attorney
- Over 45 years of experience specifically handling complex personal injury, brain injury and municipal liability litigation in New York.
- Past Chair of the Automobile, Highway & Premises Liability Section of the American Association For Justice
- Multi-year New York Super Lawyer.
- A history of multi-million dollar award settlements for his municipal liability clients.
- Triple board-certified by the National Board of Trial Advocacy in: Civil Trial Law, Medical Malpractice, Civil Pretrial Practice Advocacy
- Professorial Lecturer in Law, The George Washington University Law School (“The Legal Aspects of Traumatic Brain Injury”)
- Taught courses in medical malpractice as well as trial practice techniques at St. John’s University School of Law.
- Served as President, Brain Injury Association of New York State.
- Consistently listed among the Top 100 New York Trial Lawyers and Top 25 Brain Injury Attorneys in the nation.
- Public Justice Achievement Award (for pro bono representation of September 11th victims)
Frequently Asked Questions
How long do I have to file a claim against a New York government agency?
We understand the strict 90-day Notice of Claim filing requirement that applies to legal actions against government entities in New York. Missing this critical deadline can result in the loss of your right to pursue compensation. Because this window is so narrow, it is essential to contact our attorneys immediately following an incident to ensure all necessary documentation is prepared and filed within the statutory timeframe. We prioritize these filings to protect your legal standing.
Does De Caro & Kaplen have experience handling cases against the MTA or NYCHA?
Yes, our firm possesses extensive experience prosecuting claims against various New York public agencies. We have successfully handled cases involving the MTA, NYCTA, MABSTOA, LIRR, and Metro-North. Additionally, we represent clients in New York City Housing Authority (NYCHA) negligence cases. Our familiarity with the specific operational procedures and liability standards of these entities allows us to build robust cases tailored to the complexities of public sector litigation.
Will De Caro & Kaplen take my case to trial if necessary?
We prepare every case as if it will proceed to a courtroom, ensuring that we are fully equipped to present your case effectively before a judge and jury. This rigorous approach has enabled us to recover over $100M for our personal injury clients. We believe that being prepared for trial is the most effective way to advocate for your rights and achieve justice.
Does De Caro & Kaplen have the resources to hire medical experts for my case?
Our firm has the resources to support complex litigation, including hands-on experience in securing expert testimony. We understand that complex malpractice cases require specialized knowledge, which is why we meticulously review medical records and collaborate with qualified experts to substantiate your claims. By leveraging these professional connections and analytical resources, we ensure that every aspect of your medical evidence is thoroughly examined and presented to support your pursuit of fair compensation.
How do I pay for legal fees if I hire De Caro & Kaplen?
Our firm operates on a 'No Win - No Fee' contingency basis, meaning you do not pay legal fees unless we successfully recover compensation for you. We advance all litigation costs associated with your case. This structure ensures that you can pursue your legal claims without the burden of upfront financial costs. Our commitment is to provide accessible legal representation, ensuring that your ability to seek justice is not limited by your current financial circumstances.
What kind of settlements has De Caro & Kaplen achieved against New York hospitals?
Our firm has a proven history of securing multi-million dollar recoveries for patients in New York City hospitals. Our track record includes significant outcomes such as an $8 million settlement for anesthesia errors and an $8 million settlement for a failure to diagnose a stroke. These results demonstrate our ability to hold medical institutions accountable for negligence. While every case is unique, we apply the same level of dedication and legal rigor to every client we represent.
Are De Caro & Kaplen’s partners recognized by professional legal organizations?
Yes, our partners, Shana De Caro and Michael V. Kaplen, are highly regarded within the legal community. They are multi-year New York Super Lawyers and have been recognized by Best Lawyers of America. These accolades reflect their commitment to excellence and their standing among peers in the legal profession. When you choose De Caro & Kaplen, you are working with attorneys who have been consistently acknowledged for their professional achievements and dedication to high-quality legal advocacy.
Can you guarantee that I will win my municipal liability case?
We believe in transparent and ethical communication regarding all potential case outcomes. It is important to understand that prior results do not guarantee a similar outcome in your specific case. Our firm's Terms of Service explicitly state this policy to ensure our clients have realistic expectations. We are dedicated to providing honest assessments of your legal situation and working tirelessly to achieve the best possible result based on the facts and evidence of your unique claim.
Start Your Municipal Liability Case Today With a Free, No Obligation Consultation
Your recovery starts with one conversation, directly with Shana De Caro or Michael V. Kaplen.
Why act today?
Deadlines matter. Claims against government entities require a notice within 90 days.
- No upfront cost – We’re paid only if we win for you.
- Personal attention – Your case is handled start-to-finish by our partners, not passed to a junior associate.
- Proven results – Multi-million-dollar recoveries for our municipal liability clients.