De Caro & Kaplen, LLP

De Caro & Kaplen, LLP is an experienced NY construction accident law firm with an extensive knowledge of proper construction site safety regulations. Construction injuries are often sustained when workers are subjected to improper conditions, resulting in construction site accidents. Our firm has represented construction workers injured in scaffold accidents, electrical accidents, electrocutions, falls, falling objects, fires, unsafe and unguarded machines and tools, explosions, roof and ceiling collapses, forklift accidents, and violations of the New York State Labor Law, the New York City and State Building Codes, the New York State Industrial Code and the Occupational Safety and Health Administration (OSHA). These laws protect construction workers from unscrupulous employers and contractors who risk health and safety for profit. At De Caro & Kaplen, LLP we are familiar with these special safety statutes and can prove the accident was caused because of failing to comply with them.

Obtain as much information and evidence as possible. Attempt to obtain the names, addresses, telephone numbers and email addresses of any witnesses, photographs and videos of the accident scene, any dangerous conditions that existed which caused your accident, damage to any vehicles involved in the accident, the identity of responding police officers and other first responders and police reports, once they are generated. It is important to seek medical attention as soon as possible and to retain all bills and medical records.

Yes. If you suffered an injury or your family member died as a result negligent or careless conduct, you may be entitled to significant compensation for your injuries. Insurance companies, their claims representatives and attorneys do not represent you or your interests. They are not on your side, and you need to consult with an attorney to understand your rights and the true value of your case as soon as possible. An experienced personal injury attorney can objectively assess the merits of your case and a fair settlement value. You will need the advice and legal assistance of an experience personal injury attorney to advocate on your behalf and obtain the justice you are entitled to.

Lawsuits are governed by each state’s statute of limitations which can vary from state to state and on the type of case involved. In New York State, in general a lawsuit for negligence must be commenced within 3 years of the date of accident; for medical malpractice or hospital malpractice a lawsuit must be commenced within 2 ½ years from the date of negligent treatment. Wrongful death actions in all cases must be commenced within 2 years of the date of death. There are certain exceptions to these rules which may provide additional periods and special rules for children. There are also shorter periods and special rules if you need to sue a municipality including the City of New York and the State of New York You need to consult with an experienced attorney as soon as possible after your injury takes place to determine the proper statute of limitations for your individual case.

DE CARO & KAPLEN, LLP is a law firm with over 40 years of experience in representing persons who have sustained brain injury, head injury or coma. Our legal team understands the unique issues and problems faced by victims and their families including the legal battles that must be fought to obtain adequate compensation, the health care decisions that must be faced and important insurance issues. SHANA DE CARO is the two-term chairwoman of The Brain Injury Association of America and a member of the Bd. of Dir. of the NYS State Academy of Trial Lawyers. MICHAEL V. KAPLEN is a professorial lecturer in law at The George Washington University Law School where he teaches the only course in the nation on the legal representation of brain injury survivors. He served as the three-term president of Brain Injury Association of NYS and for seven years as chairperson of the NYS Traumatic Brain Injury Services Coordinating Council. They are New York Super Lawyers and Best Lawyers of America.

TBI stands for Traumatic Brain Injury also known as head injury. A TBI can be caused by auto accidents, falls from ladders, construction site accidents, medical malpractice or negligence of any type. A brain injury can cause physical, cognitive, behavioral, and emotional injuries. These tragic events can lead to concussion, coma, loss of vital oxygen to the brain, skull fractures, epilepsy, post-concussion syndrome, subdural or epidural hematoma, vestibular dysfunction (dizziness), loss of taste or smell, hearing disorders, headaches, sensitivity to bright light and loud noises, behavior and emotional changes, and depression.

Yes, we believe there is no such thing as a “mild” brain injury. Any brain injury can have long lasting consequences. All too often, people suffering “mild” brain injury are not properly compensated because their attorneys did not understand the seriousness and far-reaching consequences of this devastating condition.

A concussion is a type of brain injury. It can be caused by the rapid movement of the brain within the skull, the head being struck by an object or by the head striking an object. The word is derived from the Latin term, “concutere”, which means "to shake violently”. There is no need to have lost consciousness to have sustained a concussion. It may take minutes, hours, days, or even weeks for all the symptoms of a concussion to become apparent. A concussion can cause physical, cognitive, emotional, and behavioral symptoms that may last days, weeks, years, or a lifetime.

The leading cause of traumatic brain injury are falls. The second leading cause of traumatic brain injuries are motor vehicle accidents. Being struck by an object, assaults, domestic violence, and injuries in the military are also frequent causes of brain injury.

A doctor or hospital can be liable for breaches in the standard of care including mistakes in the emergency department, failures to make a proper diagnosis, misdiagnosis, failures to call in specialists, medication errors, radiology reading and reporting errors, and surgical mistakes

Yes, if you have been a victim of medical or hospital malpractice you may sue for the injuries caused by the negligence of a physician, nurse, hospital, urgent care facility, or nursing home.

Yes, our personal injury attorneys offer a no obligation, free consultation to determine if you have a case which we believe we can provide you with competent legal advice and representation. We can arrange for a virtual consultation, telephone consultation, or office meeting. There is no obligation to hire our law firm.

At the New York based brain injury law firm®, DE CARO & KAPLEN, LLP, our mission is to improve the quality of life for individuals and family members of persons with a brain injury. We believe in treating our clients with compassion and prosecuting their brain injury cases with zeal to see that justice is done. The best cure for a brain injury is prevention. We are proud to sponsor and support the programs and activities of the Brain Injury Association of America. We have successfully represented individuals and their families for the life- long problems of brain damage caused by skull fracture, brain hemorrhage, post- concussion syndrome, coma, and the persistent vegetative state. We have been successfully representing persons with brain damage for over forty years. Let us be YOUR brain injury lawyers.

Our law firm is in New York City, and we represent injured individuals for cases of negligence, malpractice, and wrongful death throughout New York State including Manhattan, the Bronx, Brooklyn, Queens, Nassau and Suffolk Counties, Westchester and the mid-Hudson region including Rockland, Orange, Dutchess, Ulster and Sullivan Counties and update regions including Albany, Buffalo, Syracuse, and Rochester. Our attorneys are also licensed to practice law in Washington, D.C. and Florida.

Our personal injury law firm handles cases on a contingency fee. This means you do not owe us any money until we resolve your case. When we receive a recovery, we will take a percentage of your recovery set by law and a return of our costs. If we do not obtain a recovery, then you do not owe us any legal fee. Under this system, an injured person and their family can afford to retain the most qualified legal representative.

Our law firm specializes in personal injury cases for significant injury including traumatic brain injury, head trauma, brain damage, fractures, and other spinal and orthopedic injuries, and wrongful death caused by motor vehicle collisions, truck and bus wrecks, bicycle accidents, unsafe construction sites, dangerous buildings, medical and hospital malpractice, and nursing home abuse. We concentrate our practice on representing persons with traumatic brain injury and their families. We take great pride in representing our clients with compassion and zeal to see that justice is done.