Video Transcript

Selecting a Brain Injury Lawyer

Michael V. Kaplen: I’m always asked what criteria a person needs to consider before retaining a brain injury attorney. Selecting the most qualified person to represent yourself or a loved one in a law suit involving traumatic brain injuries is one of the most important decisions that you can make.

As an attorney who focuses his practice on representing survivors of brain damage, I am frequently called upon to take over the representation of a person who has sustained a traumatic brain injury because of the dissatisfaction that the injured individual and their family has with their current attorney.

A lawyer representing a person and their family for traumatic brain injury should possess knowledge, education and experience in this difficult area of the law.

In most states, since personal injury attorneys receive their fees at the end of the case based upon a percentage of recovery, something known as the contingency fee system– a brain injured individual can afford to retain the most qualified attorney for their case.

Here are some questions that you should be asking before you retain an attorney to represent you in your brain injury case:

  • How many cases similar to mine have you handled in the past?
  • What percentage of your law practice is devoted to representing persons with a traumatic brain injury?
  • Will you be handling my case yourself or will you be referring it out to another lawyer, another law firm or an associate?
  • What have been your past results in representing persons with a traumatic brain injury?
  • Have you ever handled mild, moderate and severe brain injury cases?
  • Have you written and published any articles on traumatic brain injury?
  • Have you lectured to any bar associations’, brain injury associations or other groups on effective legal representation of victims of brain trauma?
  • Do you actively participate in your state’s brain injury association? Have you ever been a director or officer?
  • Do you regularly attend conferences and read textbooks and articles about traumatic brain injury?
  • Do you maintain a library in your law firm of traumatic brain injury books and articles?
  • Have you ever received any professional honors or awards for your work in representing victims of brain trauma?
  • Does your law firm have the necessary financial resources to properly represent me and prepare my case for trial?

At the brain injury law firm of De Caro and Kaplen, LLP we concentrate our legal practice on representing victims of brain damage. We have achieved numerous verdicts and settlements for our brain injury clients in all sorts of cases including motor vehicle accidents, bus and train accidents, liability caused by defective buildings and unsafe construction sites, work place accidents and in the area of medical malpractice.

Both my partner and myself are personally responsible for your case and will personally handle it.

We have authored numerous articles on traumatic brain injury and have been honored to be repeatedly invited to lecture to leading bar associations, brain injury associations and other professional and civic associations throughout the country.

I am proud that I have served for three terms as president of the Brain Injury Association of New York State and currently serve as Chair of the New York State Traumatic Brain Injury Services Coordinating Council.

Both my partner and myself have served as officers of the American Association for Justice– Traumatic Brain Injury Litigation Group. I have been honored to be a Chair of this prestigious group and my partner Shana De Caro, currently serves on the executive board and as the group’s treasurer.

If you or a loved one needs legal representation for your traumatic brain injury case, I would be honored to speak with you about your case.

You can obtain more information about my qualifications and the qualifications of my partner by visiting our web site, www.brainlaw.com