New York Car Accident Lawyers

Why Choose De Caro & Kaplen for Your Car Accident Case

• Specialized TBI Expertise: De Caro & Kaplen is recognized nationwide for its expertise in traumatic brain injury. As preferred attorneys of the Brain Injury Association of America we specialize in identifying and proving brain injuries in car accident cases, even when initial CT or MRI scans appear normal.
• Serious Injury Threshold: We possess deep technical knowledge of New York Insurance Law § 5102(d), successfully litigating cases that meet the state's strict legal criteria for pursuing pain and suffering damages.
• Direct Partner Involvement: All car accident clients work directly with our partners Shana De Caro and Michael V. Kaplen throughout the entire legal process, ensuring personalized attention and senior-level strategy at all times.
• Advanced Evidence Development: Our firm utilizes a pre-established network of medical experts, life-care planners, and advanced neuroimaging (DTI/PET) to calculate and prove the lifetime costs of future care and loss of quality of life.
• Trial-Ready Advocacy: We maintain a limited caseload to remain fully prepared for trial, having secured multi-million dollar verdicts and settlements, including a $3.5 million bus accident recovery.

A History of Multi-Million Dollars Verdicts & Settlements in Car Accident Cases

De Caro & Kaplen has a history of multi-million dollar verdicts and settlements for our New York car accident clients. Recent cases which resulted in successful recovery include:

• $8,500,000 award against a truck driver during trial for brain injuries sustained by our client, who was driving a car struck by the negligent driver
• $3,500,000 for traumatic brain injury sustained by a college student against university which directed students to drive themselves to an athletic practice in hazardous weather conditions, in violation of safety standards and university rules, resulting in motor vehicle skidding on an icy roadway and colliding with a truck
• $2,500,000 settlement for a New York resident who developed post-concussive syndrome after being struck by a driver who failed to stop at a stop sign (case study)
• $2,100,000 settlement for a skull fracture to an infant automobile passenger, which occurred when the vehicle was rear-ended by a truck
• $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
• $2,000,000 jury verdict for a taxi passenger’s Parkinson’s disease, caused by the collision between a bus and the taxi
• $1,900,000 settlement for a motor vehicle accident caused by improper maintenance of brakes in a truck, resulting in a head-on collision and closed-head brain damage for our client
• $1,000,000 for abdominal injuries sustained by vehicle operator involved in head-on collision with a pickup truck which crossed over the center median line

Our Credentials & Proven Track Record in Car Accident Cases

• Board Certification: Partner Michael V. Kaplen is triple board-certified by the National Board of Trial Advocacy in Civil Trial Law, Medical Malpractice, Civil Pretrial Practice Advocacy.
• Leadership Roles: Shana De Caro served two-terms as Chairwoman of the Brain Injury Association of America. Michael V. Kaplen served as President of the Brain Injury Association of New York.
• Professional Recognition: Consistently recognized in New York Super Lawyers (2014–present) and The Best Lawyers in America for personal injury and medical malpractice litigation.
• Contingency Basis: We advance all litigation costs and operate on a 'No Win - No Fee' contingency basis, providing free initial case evaluations to all prospective clients.
• High Consumer Trust: Our firm maintains a 4.9/5-star rating on Google, reflecting over 45 years of dedicated service to accident victims across New York's five boroughs.

What Types Of Car Accident Cases Can We Assist With?

Below are common types of car accidents in New York for which De Caro & Kaplen, LLP has previously represented clients. This list is not exhaustive. If you believe negligence contributed to your accident, please reach out. We’re here to help.

• Rear-End Car Accidents
• Head-On Car Collisions
• Side-Impact (T-Bone) Car Accidents
• Sideswipe Car Accidents
• Multi-Vehicle Pile-Ups
• Rollover Car Accidents
• Hit-and-Run Car Accidents
• Car Accidents Caused by Distracted Driving
• Drunk or Impaired Driving Accidents
• Car Accidents Involving Pedestrians or Cyclists
• Single-Vehicle Accidents
• Vehicle Defect & Mechanical Failure Accidents
• Construction Zone Accidents

Read more about the most common types of car accident.

How De Caro & Kaplen, LLP Prepares Your Car Accident Case

Looking at a photo of the crash site is not enough to predict the severity of your auto accident injury. The New York car accident lawyers at De Caro & Kaplen, LLP dig deep to understand how the injuries you sustained will affect the quality of your life now, and in the future. We work with accident reconstruction experts, treating physicians, medical experts, and other professionals to determine how and why your injury took place—and how it could have been prevented.

We also retain qualified economists and life care planners to assist us in understanding and proving the degree of harm and loss suffered. This process, designed to maximize your compensation to the fullest extent possible, takes into account:

• Medical expenses
• Present and future loss of income
• Emotional trauma and related treatment/expenses
• The necessity for future medical and rehabilitation services
• Pain and suffering
• Loss of enjoyment of the pleasures and pursuits of life

New York's No-Fault Insurance: What You Need to Know

The Basics: Your Insurance Pays First

• $50,000 maximum per person in "basic economic loss"
• Medical expenses - all reasonable and necessary treatment
• Lost wages - 80% of earnings, capped at $2,000/month for 3 years max
• Other expenses - home care, transportation to treatment

What No-Fault Doesn't Cover

• Property damage to your vehicle
• Pain and suffering (unless you meet strict injury thresholds)
• Full wage replacement (only 80%, with monthly caps)

When You Can Sue

• Death
• Dismemberment
• Significant disfigurement
• Fracture
• Permanent loss of use (organ, limb, function)
• Permanent limitation of use
• Significant limitation of body function
• 90+ days of disability within 180 days of the accident

• Pain and suffering damages
• Economic losses exceeding no-fault limits
• Full compensation for your injuries

How does De Caro & Kaplen handle New York's 'Serious Injury' threshold?

We understand New York's 'serious injury' threshold under section 5102(d). Our firm meticulously analyzes cases to ensure they meet the specific legal categories required to file a lawsuit, protecting your right to seek compensation.

Does De Caro & Kaplen work with medical experts for injury cases?

Our firm works with a network of medical experts and life-care planners. This collaboration is crucial for establishing the full extent of your injuries and accurately projecting future care needs and associated costs.

Can De Caro & Kaplen help if my initial imaging scans are normal after a head injury?

Yes. We recognize that 'normal' CT or MRI scans do not rule out a Traumatic Brain Injury (TBI). Our approach is guided by the principle that 'absence of proof is not proof of absence,' and we focus on identifying microscopic fiber damage

Does De Caro & Kaplen have experience with Post-Concussion Syndrome (PCS)?

We have specific experience with Post-Concussion Syndrome. We have successfully handled cases involving PCS, including securing a $2.5 million settlement for an intersection collision and a $1 million settlement for a slip and fall incident.

How does De Caro & Kaplen calculate future care costs and loss of quality of life?

Our firm collaborates with medical experts and life-care planners to project lifetime costs. This includes estimating expenses for medical support, rehabilitation, and lost earnings, as well as addressing the impact on your quality of life.

Does De Caro & Kaplen handle car accident cases in specific New York City boroughs like Brooklyn?

While based in Manhattan, we have accept cases across New York City, including specific knowledge of courts in Brooklyn, the Bronx, and Manhattan. We have experience with cases in the Brooklyn Supreme Court.

Does De Caro & Kaplen cover all litigation costs upfront for car accident cases?

Yes, our firm advances all litigation costs. You will not have any upfront fees to pay. We cover these expenses, allowing you to focus on your recovery without financial burden.

Your car accident case starts with one conversation, directly with one of our partners, Shana De Caro or Michael Kaplen.

Why act today?

Because the earlier you file a claim, the better. Missing deadlines will mean your case is unable to move forward.

• 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 New Yorkers injured in car accidents.