New York Wrongful Death Lawyers
Why Choose De Caro & Kaplen for Your Wrongful Death Case in New York
- Proven Trial Expertise: Our firm has over 45 years of experience securing multi-million dollar jury verdicts and settlements, including a recent $4.25M award for a fatal construction accident.
- Direct Partner Management: Every wrongful death case is personally managed by senior partners Shana De Caro and Michael V. Kaplen.
- Expert Investigative Resources: We retain forensic economists and psychologists to quantify financial loss and the value of lost parental nurturing or household services.
- Contingency Fee Structure: Our firm operates on a contingency basis, advancing all litigation costs so families pay no legal fees unless we successfully recover compensation.
- Specialized NY Law Knowledge: Our partners have a deep understanding of the NY Wrongful Death Act and EPTL, including the critical two-year filing deadline and the distinction between pecuniary and emotional damages.
A History of Multi-Million Dollars Verdicts & Settlements in Wrongful Death Cases
De Caro & Kaplen has a history of substantial verdicts and settlements for our clients in wrongful death cases. Recent cases which resulted in successful recovery include:
- $5,500,000 for the family of the highway worker electrocuted by a negligently exposed power line
- $4,250,000 wrongful death award to the family of a construction worker securing a crane’s load who was electrocuted and killed when a crane struck an overhead power line
- $3,900,000 jury verdict for medical malpractice leading to the death of a mother following the delivery of her child, as a result of uncontrolled bleeding
- $3,500,000 settlement for the family of a wife and mother who tragically lost her life in a tour bus accident caused by a tire blowout causing the bus driver to lose control of the bus resulting in a rollover.
- $2,630,000 wrongful death award for medical malpractice involving a failure to diagnose and treat toxemia of pregnancy
Our Credentials, Recognition & Track Record in Wrongful Death Cases
- Elite Peer Recognition: Michael V. Kaplen is recognized by Super Lawyers (2006–2025) and Best Lawyers in America (2018–2025); Shana De Caro served two terms as Chairwoman of the Brain Injury Association of America.
- Board Certification: Michael V. Kaplen is board-certified in medical malpractice by the American Board of Professional Liability Attorneys.
- Leadership in Advocacy: Our partners are active proponents of the Grieving Families Act, seeking to modernize New York's antiquated 1847 wrongful death statutes.
- Comprehensive Support: We provide empathetic guidance through the probate process, assisting in the appointment of personal representatives to initiate legal action.
Types of Wrongful Death Cases We Handle
The attorneys at De Caro & Kaplen have helped clients recover damages in a variety of death scenarios, such as:
- Fatal vehicle accidents including car, bus, truck, and train collisions
- Pedestrian accidents causing death
- Death resulting from careless hospital or medical treatment
- Death resulting from falls or mishaps on construction sites, in workplaces, and in dangerous buildings
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 wrongful death 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 wrongful death 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 medical malpractice 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 wrongful death cases in New York.
- Multi-year New York Super Lawyer.
- A history of multi-million dollar verdicts and settlements for her wrongful death 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 wrongful death litigation in New York.
- Multi-year New York Super Lawyer.
- A history of multi-million dollar award settlements for his wrongful death 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 much experience does De Caro & Kaplen have with wrongful death jury verdicts?
De Caro & Kaplen partners Shana De Caro and Michael V. Kaplen each have over 45 years of experience prosecuting wrongful death cases in New York. Our firm has a long-standing history of securing significant jury verdicts and multi-million dollar settlements for families who have suffered a loss.
Does De Caro & Kaplen use experts to calculate damages in wrongful death cases?
Yes, at De Caro & Kaplen, we understand that proving the full extent of a loss requires specialized insight. We retain forensic economists and psychologists to thoroughly document both the financial and moral losses incurred by a family. By collaborating with these experts, we are able to present a comprehensive picture of the impact of the death, ensuring that all aspects of the loss are accounted for when we pursue compensation on behalf of our clients.
What is the deadline for filing a wrongful death claim in New York?
In New York, the statute of limitations for filing a wrongful death claim is strictly set at 2 years. Because this timeframe is limited, it is critical to consult with experienced counsel as soon as possible. We are prepared to guide you through the necessary steps to initiate your claim within this mandatory window, ensuring that your family does not lose the opportunity to seek justice due to missed deadlines.
Do I have to pay for litigation costs upfront if I hire De Caro & Kaplen?
No, you do not have to pay for litigation costs upfront. Our firm operates on a contingency basis, which means we advance all litigation costs associated with your case. Our goal is to remove the financial burden from your family during an already difficult time. You only pay for our services if we successfully secure a recovery for you. This approach ensures that you have access to high-quality legal representation without the stress of immediate out-of-pocket expenses while we pursue the justice your family deserves.
Will I work directly with the partners at De Caro & Kaplen?
Yes, at De Caro & Kaplen, we prioritize personal attention for every client. Our partners, Shana De Caro and Michael V. Kaplen, personally manage client cases. We believe that direct access to your lead attorney is essential for building a strong case and providing the support you need. When you choose our firm, you can be confident that your case is being handled by experienced partners who are deeply involved in every step of the legal process, from initial consultation to the final resolution of your claim.
How does De Caro & Kaplen support families emotionally during a wrongful death case?
At De Caro & Kaplen, we recognize that a wrongful death case is not just a legal matter; it is a deeply personal tragedy. We emphasize providing empathetic support for the grief and trauma that families experience during this time. Our approach is designed to be comprehensive, ensuring that we address both the legal requirements of your claim and the emotional needs of those we represent. We are here to stand by your side, offering compassionate guidance as we work to secure the justice and closure your family needs to move forward.
We're Ready To Assist With Your New York Wrongful Death Case
Our attorneys have been representing the families of wrongful death victims in New York for over 45 years.
We work on a contingency basis, which means you only pay if we are successful in recovering compensation. There are no fees to pay up front.
Contact us today to find out how we can help.