New York Train Accident Lawyers

Why Choose De Caro & Kaplen, LLP for Your Train Accident Case

• New York Transit Expertise: Our partners Shana De Caro and Michael V. Kaplen each have over 45 years experience prosecuting claims against the New York City Transit Authority (MTA), Long Island Railroad (LIRR), Metro-North, and Amtrak.
• Strict Deadline Compliance: We understand the strict 90-day Notice of Claim filing requirement and the 1 year and 90-day statute of limitations for actions against the MTA.
• Work Directly With our Partners: Our partners Shana De Caro and Michael Kaplen handle every case from start to finish, and prepare each case as if it will go to trial.
• Brain Injury Expertise: Our firm is recognized nationally for our expertise in personal injury and vehicle accident cases involving brain injuries, concussions, other and head injuries.
• Comprehensive Damage Calculation: We retain life-care planners and medical experts to accurately project future healthcare expenses, loss of earnings, and long-term disability costs, ensuring you receive every penny you’re entitled to for your injury.

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

De Caro & Kaplen has a history of multi-million dollar verdicts and settlements for our New York vehicle 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.
• $2,100,000 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.
• $1,390,000 settlement during trial for spinal injuries caused when an inattentive bus driver rear-ended our client’s car
• $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, Recognition & Track Record in Train Accident and Personal Injury Cases

• National Leadership: De Caro & Kapen partner Shana De Caro served two-terms as Chairwoman of the Brain Injury Association of America (BIAA); Partner Michael V. Kaplen is a Past President of the Brain Injury Association of New York State.
• Academic and Peer Distinction: Michael V. Kaplen teaches the nation's only course on traumatic brain injury law at George Washington University Law School.
  Proven Trial Record: Over 45 years of experience with numerous multi-million dollar jury verdicts and a consistent history of being fully prepared for trial.
• Board Certified, Trial Ready Advocacy: Michael V. Kaplen is triple board-certified by the National Board of Trial Advocacy in: Civil Trial Law, Medical Malpractice, Civil Pretrial Practice Advocacy.
• Contingency Basis: We advance all litigation and expert costs, operating on a contingency fee basis where clients owe nothing unless a recovery is secured.

What Types Of Train Accident Cases Can We Assist With?

Below are common types of train 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.

• Train Accidents Caused by Operator Error or Distraction
• Train Accidents Caused by Mechanical Failure
• Train Derailments
• Collisions at Railroad Crossings
• Train Accidents Involving Pedestrians
• Subway Accidents
• Collisions involving freight trains carrying hazardous materials
• Platform gap incidents causing passenger injuries
• Injuries caused by sudden train stops or accelerations
• Fires on trains due to electrical issues or neglected maintenance

Read more about the types of train accident we can assist with.

How De Caro & Kaplen, LLP Prepares Your New York Train or Subway Accident Case

At De Caro & Kaplen, LLP, we know how train accident injuries can devastate your finances, future, and physical and emotional well-being. And we take the steps necessary to prove the full extent of your injuries in a court of law. The preparation of your case starts with an investigation into the factors that caused your accident. Our approach involves:

• Reconstructing the accident with the help of experts
• Reviewing police reports
• Examining railroad safety regulations
• Reviewing maintenance records for the train or subway car
• Interviewing eyewitnesses
• Examining the operator’s history

Our lawyers also work with a team of professionals to gain a clear understanding of the impact of your injuries. We strive to maximize compensation by considering not only medical costs, but also lost wages, future healthcare expenses, and even emotional suffering.

How Long Do You Have to Start a Train Accident Claim?

New York law limits the amount of time you have to file a personal injury lawsuit and we would urge you to start the legal process as soon as possible after your accident.

While specifics may vary, here is some important information for New York Subway and train accident cases:

MTA, and New York City Transit Authority related cases (subway, LIRR, Metro-North) trigger a 90-day written notice requirement and a compressed 1 year and 90 day statute of limitations.

Missing any notice or filing deadline is usually fatal to the claim, so if you or a loved one have been injured in a train or subway accident in New York we would urge you to contact us for a free consultation as soon as possible.

Has De Caro & Kaplen handled cases against the MTA, LIRR, Metro-North, or Amtrak?

Our firm has extensive experience representing clients injured in accidents involving the New York City Transit Authority, Long Island Railroad (LIRR), Metro-North, and Amtrak. We understand the specific legal challenges associated with these entities.

What kind of trial experience and jury verdicts doe De Caro & Kaplen have?

Our partners are fully prepared to go to trial and have a strong record of success. We have secured numerous multi-million dollar jury verdicts for our clients, demonstrating our commitment to achieving the best possible outcomes through litigation.

Does De Caro & Kaplen conduct independent investigations into train accidents?

Yes, we conduct thorough, independent investigations. Our process includes reconstructing accidents with expert help, interviewing eyewitnesses, and taking detailed accident scene photographs to build a strong case for our clients.

Does De Caro & Kaplen use advanced imaging like DTI to prove brain damage?

Yes, we understand and utilize advanced neuroimaging techniques such as Diffusion Tensor Imaging (DTI). DTI can help demonstrate brain damage that may not be visible with traditional imaging methods, providing crucial evidence for your case.

Can De Caro & Kaplen help calculate the long-term costs of my injuries?

Yes, we work with a team of professionals to thoroughly assess the impact of your injuries. This includes calculating future healthcare expenses and medical costs, ensuring your settlement or verdict accounts for all necessary long-term life-care needs.

Your train or Subway 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 on train and Subway lines