Winning The TBI Case

“What I’m looking for is: What is the correct diagnosis? What happened to this patient? Is he or she being treated correctly or properly? And that’s a concern of mine.” – Dr. David Levey Welcome to Winning The TBI Case, hosted by trial lawyer Tom Crosley. Listen as Tom provides practical, powerful guidance for litigating traumatic brain injury cases. This podcast is meant for litigation attorneys who are ready to explore the essentials of TBI cases to confidently represent clients who have suffered traumatic brain injuries. Tom is joined by Dr. David Levey, a diagnostic radiologist and forensic neuroradiology expert who evaluates traumatic brain injury cases for both plaintiffs and the defense. Dr. Levey walks through the detailed process radiologists use to evaluate imaging, medical records, symptoms, and clinical history when analyzing TBI cases in both medical and litigation settings. What’s In This EpisodeDr. David Levey explains how radiologists evaluate traumatic brain injury cases and how imaging findings fit within the broader clinical and litigation picture. He also shares practical insight into the role imaging plays in TBI litigation and best practices for trial lawyers working with radiology experts. Key Insights for Trial Lawyers Radiologists Evaluate More Than Images: Forensic radiology involves an extensive analysis of imaging combined with medical records, symptoms, clinical history, and causation evidence in context. “Normal” Scans and Imaging Do Not Rule Out TBI: There are times when traumatic brain injuries will not appear on routine CT imaging. MRI studies can reveal subtle abnormalities not visible on CT scans. Advanced imaging such as DTI, tractography, and volumetric imaging can provide additional detail and should always be considered alongside symptoms, testing, and functional changes. Effective TBI Litigation Requires Collaboration: Radiologists often work closely with attorneys and other experts to help evaluate complex brain injury cases. Dr. Levey pulls back the curtain on the detailed analytical process radiologists use to evaluate brain injury cases in both medical and forensic settings and shares how he works with both plaintiff and defense teams. Preparation Matters This episode is for trial lawyers who want a clearer understanding of how radiologists evaluate traumatic brain injury cases and how imaging evidence fits into litigation strategy. If you’ve ever struggled with “normal imaging” defenses or wanted insight into how to best leverage your radiology experts in TBI cases, then you’ve come to the right place. Referenced and Mentioned Dr. Levey and Tom reference tractography imaging beginning at time code 22:49 which can be seen on the video version of the podcast. Screenshots below for our audio listeners. Connect Connect directly with Dr. David Levey by visiting: www.expertradiologist.org Subscribe to Winning The TBI Case on Apple Podcasts, Spotify, YouTube or wherever you get your podcasts.  Follow on Facebook, LinkedIn, and Instagram And remember, don’t just listen to the strategies, implement them!

“ The TBI alters the organic chemistry, the physical structure of the brain to the point where our personalities then get altered. Our spirit knows who we are. But you can’t get that person back… and I think jurors get that.” – Scott Blair Welcome to Winning The TBI Case, hosted by trial lawyer Tom Crosley. Listen as Tom provides practical, powerful guidance for litigating traumatic brain injury cases. This podcast is meant for litigation attorneys who are ready to explore the essentials of TBI cases to confidently represent clients who have suffered traumatic brain injuries. What’s In This Episode:Scott Blair shares how he built and tried a complex TBI case that resulted in an $8.1 million verdict.He explains the role of advanced neuroimaging, expert strategy, and objective evidence in overcoming common defense arguments. Most importantly, he provides practical guidance on how trial lawyers can strengthen their cases by understanding the medicine, telling the client’s story, and preparing for trial from day one. Winning Complex TBI Cases In this episode, Tom is joined by Scott Blair, founder of Brain Injury Law of Seattle, to break down the strategy behind a recent $8.1 million traumatic brain injury verdict. Scott shares how he approaches complex cases, from digging deep into the medicine to building objective evidence that makes it difficult for the defense to deny brain injury. This conversation goes beyond theory. Scott walks through the real decisions that shaped the case, including expert selection, advanced neuroimaging, trial strategy, and how to handle common defense tactics in high-functioning TBI clients. Key Insights for Trial Lawyers Dive deep into the medicine: The strongest TBI cases are built by lawyers who understand the underlying medical science and work closely with the right experts. Objective evidence changes the game: Advanced imaging, sleep studies, and vestibular testing can create converging proof that is difficult for the defense to dismiss. High-functioning clients require a different strategy: Clients who continue working after injury often face skepticism. Demonstrating how their capacity has changed is critical. Tell the employer early: Encouraging clients to disclose their brain injury can lead to documentation and accommodations that strengthen their case. Neutralize defense narratives early: Address issues like travel photos or work performance before the defense raises them to reduce their impact at trial. Use real-world functioning, not just testing: Speech-language pathology and real-world observations can be more persuasive than traditional neuropsychological testing alone. Before and after witnesses are critical: Family members, especially spouses, provide powerful testimony about how the client has changed after the injury. Visual evidence matters: Jurors respond strongly to clear visual representations of brain injury, especially when complex science is involved. This episode is for trial lawyers who want to take their TBI cases to the next level. If you’re handling complex or high-value cases, Scott Blair’s approach offers a practical roadmap for building stronger evidence, overcoming defense strategies, and presenting a compelling case at trial. Subscribe and Stay Connected Connect directly with Scott Blair: [email protected] Subscribe to Winning The TBI Case on Apple Podcasts, Spotify, YouTube or wherever you get your podcasts.  Follow on Facebook, LinkedIn, and Instagram And remember, don’t just listen to the strategies, implement them!

“The better you understand the definitions of mild TBI, the better equipped you are to read the records, evaluate the experts, and keep your case grounded in sound medicine.” – Tom Crosley Welcome to Winning The TBI Case, hosted by trial lawyer Tom Crosley. Listen as Tom provides practical, powerful guidance for litigating traumatic brain injury cases. This podcast is meant for litigation attorneys who are ready to explore the essentials of TBI cases to confidently represent clients who have suffered traumatic brain injuries. What’s In This Episode:In this episode, Tom Crosley explains how mild traumatic brain injury is defined using both the ACRM 1993 and updated 2023 frameworks. He breaks down the three primary pathways to diagnosing TBI and how those definitions show up in real cases. And finally, Tom provides the simplified jury presentation that keeps the focus on symptoms, causation, and long-term impact. Understand the Framework This is for trial lawyers who want a clearer, more practical understanding of how mild TBI is defined and how those definitions are used in real cases. Tom Crosley breaks down the definitions that form the backbone of every brain injury case. He explains the evolution from the 1993 American Congress of Rehabilitation Medicine (ACRM) definition to the comprehensive 2023 update that created three distinct pathways to diagnosis: Clinical signs Symptoms with objective findings Abnormal imaging (NOTE: most mild TBIs will not appear on routine scans) If you’ve ever found yourself caught in a word play battle with the defense over terminology instead of focusing on the injury itself, this episode will help you reframe your approach. Subscribe and Stay Connected Subscribe to Winning The TBI Case on Apple Podcasts, Spotify, YouTube or wherever you get your podcasts.  Follow on Facebook, LinkedIn, and Instagram And remember, don’t just listen to the strategies, implement them!

“Every test you take today is going to tap into how a different part of your brain is working. Some tests will have more emphasis on different lobes of your brain than others. We’re going to be evaluating your memory, your attention, and your concentration ability.” – Dr. Janyna Mercado Welcome to Winning The TBI Case, hosted by trial lawyer Tom Crosley. Listen as Tom provides practical, powerful guidance for litigating traumatic brain injury cases. This podcast is meant for litigation attorneys who are ready to explore the essentials of TBI cases to confidently represent clients who have suffered traumatic brain injuries. What’s In This EpisodeThis episode is essential for TBI attorneys who want to move beyond basic neuropsychology knowledge into advanced tactics. Learn the strategic timing for neuropsychological evaluations, how to interpret validity measures, and why transparency about test limitations strengthens rather than weakens your expert testimony. Dr. Mercado shares insider tips that can transform your approach in the courtroom. Advanced Testing Strategies and Courtroom Applications In the second part of this two-part series, Tom Crosley continues his conversation with Dr. Janyna Mercado to reveal strategies for neuropsychological evidence in TBI cases. Dr. Mercado demystifies the evaluation process and explains the critical timing decisions that can make or break your case. This conversation provides expert witness insights to maximize neuropsychological evidence and avoid the common mistakes that undermine TBI cases. Dr. Mercado’s practical insights reveal why successful neuropsychological evidence requires understanding both the science and the strategy behind telling compelling stories to juries and judges. Subscribe and Stay Connected Connect directly with Dr. Janyna Mercado at https://texasneuropsychinstitute.com Are you ready to take your TBI practice to the next level? Subscribe to Winning The TBI Case newsletter at www.crosleylaw.com/podcast for exclusive case studies, resources, and trial strategies you won’t hear anywhere else.  Join our community of trial lawyers who refuse to settle for average results. Subscribe to Winning The TBI Case on Apple Podcasts, Spotify, YouTube or wherever you get your podcasts. And remember, don’t just listen to the strategies, implement them!

“Individuals will walk into a courtroom or walk into our offices and they look like you and I. They don’t look like brain injury victims.” – Dr. Janyna Mercado Welcome to Winning The TBI Case, hosted by trial lawyer Tom Crosley. Listen as Tom provides practical, powerful guidance for litigating traumatic brain injury cases. This podcast is meant for litigation attorneys who are ready to explore the essentials of TBI cases to confidently represent clients who have suffered traumatic brain injuries. The Critical Role of Neuropsychology in TBI Litigation (Part One) In the first of a two-part series, Tom is joined by Dr. Janyna Mercado, a clinical neuropsychologist who evaluates and testifies in traumatic brain injury (TBI) cases for both plaintiff and defense cases. Dr. Mercado defines what neuropsychology is and how it differs from neurology and general psychology. She explains how neuropsychological testing measures cognition, memory, processing speed, and overall brain function. These neuropsychological evaluations often play a critical role in traumatic brain injury litigation. As a neuropsychologist, her role is to translate those complex findings into clear explanations for attorneys, judges, and juries. This helps them better understand what may be happening inside the brain, even when brain imaging appears normal. In this episode, Tom Crosley sits down with neuropsychologist, Dr. Janyna Mercado to explain the role that neuropsychology plays in traumatic brain injury litigation. They discuss how neuropsychological testing evaluates the “working brain,” why mild TBI cases are often misunderstood, and how expert testimony can help juries understand invisible injuries. This first installment lays the foundation for understanding how neuropsychological evidence can strengthen TBI cases at trial. Key Takeaways: Function Over Structure: Neuropsychology examines how the brain functions, which is critical when imaging scans appear normal but cognitive deficits persist Understanding the Full Medical History: Pre-existing conditions should not be ignored or hidden. When properly evaluated, a client’s medical and psychological history can help clarify how a traumatic event aggravated or worsened prior conditions Teaching the Jury: Neuropsychologists translate complex brain science into understandable terms that help juries grasp what constitutes a mild traumatic brain injury This conversation provides foundational insight for trial lawyers handling TBI cases. If you’ve ever struggled to explain a mild TBI to a jury or wondered when and how to involve a neuropsychologist, this episode is for you. Stay Tuned… In the second part of this conversation, Tom Crosley and Dr. Janyna Mercado dive deeper into neuropsychological evaluations, including how testing works, how experts analyze results, and trial strategies attorneys can use based on those results. Subscribe and Stay Connected Connect directly with Dr. Janyna Mercado at https://texasneuropsychinstitute.com Are you ready to take your TBI practice to the next level?  Subscribe to: Winning The TBI Case newsletter at www.crosleylaw.com/podcast for exclusive case studies, resources, and trial strategies you won’t hear anywhere else.  Join our community of trial lawyers who refuse to settle for average results. Subscribe to Winning The TBI Case on Apple Podcasts, Spotify, YouTube or wherever you get your podcasts. And remember, don’t just listen to the strategies, implement them!

“DTI helps turn the invisible injury into something you can see and quantify, and more importantly, something your jury can see. ” – Tom Crosley Welcome to Winning The TBI Case hosted by trial lawyer Tom Crosley. Listen as Tom provides practical, powerful guidance for litigating traumatic brain injury cases. This podcast is meant for litigation attorneys who are ready to explore the essentials of TBI cases to confidently represent clients who have suffered traumatic brain injuries. Breaking Through the “No Objective Evidence” Wall What happens when your traumatic brain injury client has normal CT scans and normal MRI results, but clearly isn’t the same person they were before the accident? In this essential episode, Tom Crosley dissects how Diffusion Tensor Imaging (DTI) is revolutionizing mild TBI litigation by making invisible brain injuries visible to juries. Tom walks through why this advanced neuroimaging technique is a powerful tool used to detect microscopic brain damage that standard imaging misses. He breaks down the complex science of how this technology is transforming “impossible to prove” concussion cases into compelling evidence of traumatic axonal injury. Key Takeaways: Science Made Simple: A jury-friendly explanation of DTI that anyone can understand Why Defense Experts Can’t Call DTI “Experimental”: Clinical uses of DTI that undermine defense attacks DTI Integration Strategy: Advanced neuroimaging as corroborating evidence that supports your case narrative Whether you’re new to DTI or looking to refine your approach, Tom’s insights make this episode essential listening for any attorney handling mild TBI cases. Mentioned: Episode featuring ACRM Traumatic Brain Injury (TBI) definitions: Introduction of Winning The TBI Case: Strategy, Science, and Storytelling Subscribe and Stay Connected Are you ready to take your TBI practice to the next level? Subscribe to our Winning The TBI Case newsletter at www.crosleylaw.com/podcast for exclusive case studies, resources, and trial strategies you won’t hear anywhere else.  Join our community of trial lawyers who refuse to settle for average results. Subscribe to Winning The TBI Case on Apple Podcasts, Spotify, YouTube or wherever you get your podcasts. And remember, don’t just listen to the strategies, implement them!

“Jurors don’t decide cases on the facts… They decide the case based the emotional content and whether they can connect with our client’s story.” – John Sloan Welcome to Winning The TBI Case hosted by trial lawyer Tom Crosley. Listen each week as Tom provides practical, powerful guidance for litigating traumatic brain injury cases. This podcast is meant for litigation attorneys who are ready to explore the essentials of TBI cases to confidently represent clients who have suffered traumatic brain injuries. Uncovering the Core of a Client’s Story In this episode, Tom is joined by veteran trial lawyer, John Sloan, a nationally respected litigator with more than 150 jury trials under his belt. John brings four decades of insight to a deep and candid discussion about what truly moves juries in traumatic brain injury cases. Together they explore how to get beyond surface-level facts, uncover the emotional core of a client’s story, and present before-and-after witnesses in a way that makes the jurors feel the loss that TB clients live with every day. John also shares his experience with the Trial Lawyers College and how it has shaped his approach to storytelling and client connection, and why getting to know clients in their everyday environment is non-negotiable. Key Takeaways The critical importance of visiting clients in their homes to understand the real impacts of their injury Why medical documentation can make or break your case Why mild TBI clients often deny their own symptoms and how to handle that effectively How a lay witness can be more powerful than even the best neuroimaging The reason why specialized trial education can help litigators to better hear the hidden meaning behind what clients are saying. Trial lawyers will walk away from this episode with actionable strategies to strengthen their next TBI case and elevate their courtroom storytelling. Subscribe and Stay Connected Connect directly with John Sloan by visiting: https://sloanfirm.com Are you ready to take your TBI practice to the next level? Subscribe to our Winning The TBI Case newsletter at www.crosleylaw.com/podcast for exclusive case studies, resources, and trial strategies you won’t hear anywhere else.  Join our community of trial lawyers who refuse to settle for average results. Subscribe to Winning The TBI Case on Apple Podcasts, Spotify, YouTube or wherever you get your podcasts. And remember, don’t just listen to the strategies, implement them!

Introduction of Winning The TBI Case: Strategy, Science, and Storytelling Imagine standing in a courtroom, representing someone whose life has been forever changed by an injury no one can see. No broken bones visible on X-rays. No scars to photograph. Just a person who looks perfectly normal on the outside, but whose brain and the very essence of who they are, has been fundamentally altered. This is the world Tom Crosley introduced us to twelve episodes ago. “Traumatic Brain Injury trials are some of the most complex and contentious litigation scenarios that you can encounter as a trial lawyer,” he explained, setting the stage for a journey through one of law’s most challenging frontiers. TBI Trial Strategy Fundamentals & Advanced TBI Case Strategies with Keith Mitnik Keith Mitnik joined the conversation early to share a profound truth that shapes everything in TBI litigation: You need two completely different skill sets to succeed. “People either step in and try them and don’t truly know the science,” Keith observed, “or they know the science in their sleep, but they don’t know how to try a case with it. It takes both to do them right.” This isn’t your typical car crash case involving a herniated disc. This is a whole different universe of knowledge. And here’s where it gets interesting—Keith revealed that when medical bills are minimal compared to the damages you’re seeking, sometimes the boldest move is not presenting them at all. “Insider information gets in our way,” he explained. “We know we like to present medical bills. We know not presenting them may be unusual. Guess who doesn’t: the jury.” Sequencing the Evidence Tom then pulled back the curtain on one of the biggest mistakes lawyers make in TBI cases: telling the story in the wrong order. “Have you ever watched a movie where the twist at the end completely changed how you saw everything that came before it?” Tom asked. “Trying a TBI case is a lot like that.” The strategy is surgical in its precision: Build a wall of evidence before the jury ever meets your client. Prove the injury is real before the defense gets a chance to argue it isn’t. Win half the battle in your first two or three witnesses, drilling the point home so sharp and so early that momentum carries you through. How Expert Witnesses Build a Wall of Evidence But evidence alone doesn’t win cases. connection does. Tom revealed that while experts might be the brain of your case, before-and-after witnesses are its heart and soul. These are the people who knew your client before the injury, who can paint the picture of what was lost. They translate MRI scans and medical terminology into something jurors can see, feel, and understand. “When done right,” Tom emphasized, “they push jurors from understanding to truly caring. And that’s what wins cases.” The Power of Before-and-After Witnesses and Introducing the Plaintiff for Maximum Impact Here’s where the strategy gets almost paradoxical: In most TBI cases, Tom doesn’t let the jury see his client until deep into the trial, perhaps the 17th witness out of 20. “Timing is everything,” he explained. “You do not put the plaintiff on the stand until the jury is primed to see their injury and not just in medical terms, but in human terms.” By the time the plaintiff finally appears, the jury has been educated, emotionally invested, and prepared to truly see the invisible injury that has upended this person’s life. How to Tear Apart the Defense’s “Junk Science” Experts Episode eight brought us into the trenches of cross-examination, where Tom laid out his systematic approach to destroying defense experts in what he calls “junk science witnesses.” The strategy starts in discovery, trapping them early. Then comes the methodical dismantling: Expose their bias as paid witnesses Use their own words against them Transform their “normal limits” argument into a weakness Remind the jury that biomechanical engineers aren’t doctors Follow the money trail to expose the hired gun relationship “Nothing kills credibility faster than a hired gun in the hip pocket of the defense lawyer,” Tom noted with satisfaction. TBI: Not Everyone Recovers Then came the bombshell research every TBI lawyer needs to know. Tom shared groundbreaking data that destroys the myth that everyone recovers from brain injuries: “Only 27% of patients with post-concussive syndrome recovered after three months.” Let that sink in. And it gets more powerful: If symptoms persist beyond a year, patients are more likely than not permanently injured. And if symptoms last three years? The study found zero recovery after that point. This isn’t opinion. This is science. This is ammunition. The Multiplying Effect of Injuries with Steven Gursten Steven Gursten brought another crucial insight in episode ten, explaining how multiple injuries don’t just add up—they multiply human suffering. “Two plus two does not equal four in the human body,” his favorite doctor testified. When you have multiple injuries, people’s problems go up by multiplication, not addition. This reflects where we are today with medical literature and science—understanding the cumulative, synergistic effect of trauma on the human body. The All-or-Nothing Nature of TBI Cases with Steven Gursten Steven also pulled no punches about the harsh reality of TBI litigation: These cases are incredibly difficult to settle. “80 to 90% of plaintiff lawyers out there are afraid to take these cases,” he revealed. “They settle them for basically nuisance dollars because they’re afraid they’ll going to get no-caused.” The message is clear: You must have a track record of trying these cases for insurers to take you seriously. If you don’t, you’re just another lawyer they can lowball into submission. Mastering TBI Science with Stewart Casper Our journey culminated with Stewart Casper, who has spent over two decades building what might be the most comprehensive TBI research database in the legal world. Labeled a “nerd” for his dedication, Stewart has systematized knowledge gathering into an art form. Every weekend, he receives automated searches from PubMed for traumatic brain injury, mild traumatic brain injury, diffusion tensor imaging, and symptom validity. He categorizes everything into two buckets: What can be used for impeachment, and what’s educational. “Not many people have the patience to both study this stuff and index it as I do,” Stewart admitted. But that patience—that systematic approach to staying current—is what separates the warriors from the wannabes in TBI litigation. The Path Forward After twelve episodes, the message is crystal clear: TBI litigation isn’t for the faint of heart. It demands a rare combination of scientific mastery and storytelling brilliance. It requires the courage to leave medical bills on the table when they don’t serve your narrative. The wisdom to keep your client hidden until the perfect moment. The preparation to systematically destroy defense experts. And the commitment to stay current with ever-evolving science. But for those willing to master both sides of this coin—the science and the story—the opportunity is immense. Because behind every “invisible” injury is a very real person whose life has been forever changed. And they deserve a lawyer who knows how to make the invisible visible, who can transform medical data into human truth, and who won’t settle for nuisance value when justice demands so much more. This is the world of TBI litigation. This is what winning looks like. Connect With Us Have a topic idea or question for Tom? Email us at [email protected] If today’s recap reminded you why this work matters, share it with a colleague facing similar battles. Subscribe wherever you get your podcasts and join our community of trial lawyers who refuse to settle for average results. This has been “Winning the TBI Case: Strategy, Science and Storytelling” with Tom Crosley

“I said, this is really interesting stuff. It’s not just broken bones or a sprain of a neck. This is something really, really fundamentally interesting, and it would require a lot of hard work, which I was prepared to do as a young lawyer.” – Stewart Casper Welcome to Winning The TBI Case hosted by trial lawyer Tom Crosley. Listen each week as Tom provides practical, powerful guidance for litigating traumatic brain injury cases. This podcast is meant for litigation attorneys who are ready to explore the essentials of TBI cases to confidently represent clients who have suffered traumatic brain injuries. Mastering the Science Stewart Casper has spent over 40 years becoming one of the most respected names in traumatic brain injury litigation. His reputation isn’t built on victories alone, it’s built on an unparalleled commitment to mastering the evolving science of brain injury. For two decades, Stewart has systematically read, curated, and indexed every significant piece of TBI research, creating a resource he generously shares with trial lawyers nationwide. In this episode, Tom sits down with Stewart to explore the insights that have shaped his legendary career. We start with where it all began when Stewart attended a brain injury conference in 1980 where he heard the term “diffuse axonal injury” for the first time. We then fast-forward to 2014 when he discovered neurometabolic cascade research that fundamentally changed how TBI litigators counter defense experts. Stewart’s career, spanning from that first brain injury conference to today’s cutting edge science, reveals what it takes to truly master TBI science in this ever-evolving and complex field. Key Takeaways Stewart’s systematic process for staying current with medical literature and creating a searchable database What the “citation cartel” is and how defense neuropsychologists manipulate perceived credibility Tactical advice on MMPI misuse by defense experts and how to demand raw data exchanges Why blood biomarkers and objective neuroimaging represent the future of TBI litigation Advice for lawyers interested in TBI litigation Subscribe and Stay Connected Connect directly to Stewart Casper: https://slagermadry.com/attorney-stewart-m-casper Are you ready to take your TBI practice to the next level? Subscribe to our Winning The TBI Case newsletter at www.crosleylaw.com/podcast for exclusive case studies, resources, and trial strategies you won’t hear anywhere else.  Join our community of trial lawyers who refuse to settle for average results. Subscribe to Winning The TBI Case on Apple Podcasts, Spotify, YouTube or wherever you get your podcasts. And remember, don’t just listen to the strategies, implement them!

“ Half of these guys are still calling it post-concussion syndrome and think you still need a loss of consciousness to have a brain injury.” – Steven Gursten Welcome to Winning The TBI Case hosted by trial lawyer Tom Crosley. Listen each week as Tom provides practical, powerful guidance for litigating traumatic brain injury cases. This podcast is meant for litigation attorneys who are ready to explore the essentials of TBI cases to confidently represent clients who have suffered traumatic brain injuries. When Settlement Offers Stay Stubbornly Low In the conclusion of their two-part series, Tom continues his conversation with Michigan trial attorney Steven Gursten. They discuss tackling one of the most frustrating challenges in TBI litigation: getting cases settled for fair value when insurance companies consistently mis-evaluate them. Steven shares the reasons why mild TBI cases demand a completely different playbook for both damages presentation and settlement strategy. He explains some of the proven tactics that catch defense lawyers off guard and lead to substantial settlements for his clients. This insightful conversation explains why TBI cases are fundamentally all-or-nothing propositions and what you can do to stack the deck in your client’s favor. Whether you’re facing your first mediation on a brain injury case or looking to refine your approach, Steven’s systematic strategies offer practical wisdom for achieving results that reflect the true value of your client’s traumatic brain injury. Key Takeaways Steven’s unconventional approach to presenting economic damages in TBI cases The Sponsorship Theory – A powerful negotiation strategy that leverages the defense’s own experts against them How regular communication with TBI clients helps prevent confusion, distrust, and doubt from creeping in when settlement offers come in low The creative deposition tactic that changes negotiation dynamics before mediation begins Why having a trial track record is essential for settlement leverage in TBI cases Subscribe and Stay Connected Connect directly with Steven Gursten: https://www.MichiganAutoLaw.com Are you ready to take your TBI practice to the next level? Subscribe to our Winning The TBI Case newsletter at www.crosleylaw.com/podcast for exclusive case studies, resources, and trial strategies you won’t hear anywhere else.  Join our community of trial lawyers who refuse to settle for average results. Subscribe to Winning The TBI Case on Apple Podcasts, Spotify, YouTube or wherever you get your podcasts. And remember, don’t just listen to the strategies, implement them!

“When you have multiple injuries, multiple problems, people’s problems go up by multiplication, not by addition.” – Steven Gursten Welcome to Winning The TBI Case hosted by trial lawyer Tom Crosley. Listen each week as Tom provides practical, powerful guidance for litigating traumatic brain injury cases. This podcast is meant for litigation attorneys who are ready to explore the essentials of TBI cases to confidently represent clients who have suffered traumatic brain injuries. Rethinking The Unwinnable TBI Case In the first of a two-part series, Tom is joined by Steven Gursten, nationally recognized trial lawyer and past president of AAJ TBI Litigation Group. Steven shares the pivotal experiences that shaped his TBI litigation career, from taking on “hot grounder” cases early on to achieving multimillion-dollar verdicts. These early successes made Steven the lawyer other lawyers turn to when cases seem unwinnable. In this episode, their conversation goes beyond trial tactics to explore the deeper lessons learned from decades in the courtroom: the critical importance of mastering the medical and scientific aspects of TBI, the challenges created by gaps in diagnosis and treatment to Steven’s tactical approach to transforming perceived case weaknesses into courtroom strengths. Steven also reveals an unexpected connection between two types of injuries that has fundamentally changed how he approaches cases that don’t fit traditional TBI profiles. Key Takeaways A practical framework for deciding which cases deserve six-figure investments versus early settlements The two case killers every TBI litigator must recognize and actively manage from day one Steven’s approach to salvaging delayed-diagnosis cases most lawyers would turn down The importance of mastering medical literature and meeting with doctors to build credibility Leveraging the ‘multiplication not addition’ concept that changes how juries see injury cases Listeners will gain new ways of thinking about evidence, strategy, and storytelling that will reshape their approach to TBI cases. Join us next week for the conclusion of this two-part series where Steven and Tom tackle one of the most frustrating challenges in TBI litigation: getting cases settled for fair value when insurance companies consistently mis-evaluate them. Subscribe and Stay Connected Connect with Steven Gursten directly by visiting https://www.MichiganAutoLaw.com Are you ready to take your TBI practice to the next level? Subscribe to our Winning The TBI Case newsletter at www.crosleylaw.com/podcast for exclusive case studies, resources, and trial strategies you won’t hear anywhere else.  Join our community of trial lawyers who refuse to settle for average results. Subscribe to Winning The TBI Case on Apple Podcasts, Spotify, YouTube or wherever you get your podcasts. And remember, don’t just listen to the strategies, implement them!

“Think of the brain like a city’s power grid. After a storm, most lights come back on quickly, but in some neighborhoods, the transformers are fried. The wiring’s damaged, the lights may never work the same again.” – Tom Crosley Welcome to Winning The TBI Case hosted by trial lawyer Tom Crosley. Listen each week as Tom provides practical, powerful guidance for litigating traumatic brain injury cases. This podcast is meant for litigation attorneys who are ready to explore the essentials of TBI cases to confidently represent clients who have suffered traumatic brain injuries. From Defense Mantras to Scientific Truth The defense always starts with the same worn line: “Most people recover from mild TBI in just a few weeks.” While that may be true for most, it’s not the whole story. A significant minority never recover at all, and those are the clients who end up in our courtrooms. In this episode, Tom shares game-changing research: Longitudinal Study of Postconcussion Syndrome: Not Everyone Recovers. This groundbreaking study is the peer-reviewed science that proves what we’ve known all along. Learn about the critical three month threshold where the odds flip, why the ‘miserable minority’ concept is your strongest weapon, and how to use powerful analogies to make the invisible injury visible to juries. Key Takeaways How the groundbreaking 2017 study proves that only 27% of patients with post concussion syndrome beyond three months ever recover Why the three month threshold is the inflection point where recovery odds flip dramatically Learn about the “miserable minority concept and why 15-20% of mild TBI patients never recover Courtroom-tested analogies that communicate the challenges of mild TBI to jurors Cross-examination strategies to lock defense experts into admitting the science behind non-recovery Resources  The Longitudinal Study of Postconcussion Syndrome from the Journal of Neurotrauma: https://pmc.ncbi.nlm.nih.gov/articles/PMC5397249/ Subscribe and Stay Connected Are you ready to take your TBI practice to the next level? Subscribe to our Winning The TBI Case newsletter at www.crosleylaw.com/podcast for exclusive case studies, resources, and trial strategies you won’t hear anywhere else.  Join our community of trial lawyers who refuse to settle for average results. Subscribe to Winning The TBI Case on Apple Podcasts, Spotify, YouTube or wherever you get your podcasts. And remember, don’t just listen to the strategies, implement them!

“Defense experts aren’t here for the truth. They’re here for the paycheck. Show the jury that and you can overcome them.” – Tom Crosley Welcome to Winning The TBI Case hosted by trial lawyer Tom Crosley. Listen each week as Tom provides practical, powerful guidance for litigating traumatic brain injury cases. This podcast is meant for litigation attorneys who are ready to explore the essentials of TBI cases to confidently represent clients who have suffered traumatic brain injuries. Overcome “Junk Science” to Gain Jury Trust Defense lawyers do not like TBI cases. They are complicated. They are potentially permanent. They can be expensive. When they are unable to argue the injury away, they turn to hired gun experts wielding junk science. In this episode, Tom breaks down the three main types of defense experts every litigator will face and reveals the systematic approach to dismantling their credibility on cross-examination. Tom shares real trial examples of exposing confirmation bias, flipping defense buzzwords against them, and why following the money trail is your most powerful weapon against these paid opinion witnesses. Key Takeaways Cross-examination starts in discovery The three-step approach to destroying defense neuropsychologists How to shut down the “no objective evidence” argument Taking apart the biomechanics expert’s claims Follow the money trail to expose the defense’s hired guns Subscribe and Stay Connected Are you ready to take your TBI practice to the next level? Subscribe to our Winning The TBI Case newsletter at www.crosleylaw.com/podcast for exclusive case studies, resources, and trial strategies you won’t hear anywhere else.  Join our community of trial lawyers who refuse to settle for average results. Subscribe to Winning The TBI Case on Apple Podcasts, Spotify, YouTube or wherever you get your podcasts. And remember, don’t just listen to the strategies, implement them!

“You do not put the plaintiff on the stand until the jury is primed to see their injury, not just in medical terms, but in human terms.” – Tom Crosley Welcome to Winning The TBI Case hosted by trial lawyer Tom Crosley. Listen each week as Tom provides practical, powerful guidance for litigating traumatic brain injury cases. This podcast is meant for litigation attorneys who are ready to explore the essentials of TBI cases to confidently represent clients who have suffered traumatic brain injuries. The Most High-Stakes Moment in Your TBI Trial After building your foundation with science and humanizing the case with before-and-after witnesses, it’s time for the most critical moment: introducing your plaintiff. But if you handle this wrong, you can undo all of your hard work in minutes. In this episode, Tom reveals his counterintuitive approach to plaintiff preparation and testimony that goes against everything you’ve learned about in other injury cases. Key Takeaways The timing decisions that minimize the opportunity for jurors to form damaging first impressions Why conventional client preparation methods can backfire in a TBI case and what to do instead Techniques for introducing your plaintiff gradually rather than all at once How to determine the optimal length and scope of plaintiff testimony for maximum impact The power of authentic emotional moments Subscribe and Stay Connected Are you ready to take your TBI practice to the next level? Subscribe to our Winning The TBI Case newsletter at www.crosleylaw.com/podcast for exclusive case studies, resources, and trial strategies you won’t hear anywhere else.  Join our community of trial lawyers who refuse to settle for average results. Subscribe to Winning The TBI Case on Apple Podcasts, Spotify, YouTube or wherever you get your podcasts. And remember, don’t just listen to the strategies, implement them!

“Jurors may forget expert testimony… But they’ll never forget a story that moved them, especially a story from an independent witness that has nothing to gain. That is the power of a before-and-after witness.” – Tom Crosley Welcome to Winning The TBI Case hosted by trial lawyer Tom Crosley. Listen each week as Tom provides practical, powerful guidance for litigating traumatic brain injury cases. This podcast is meant for litigation attorneys who are ready to explore the essentials of TBI cases to confidently represent clients who have suffered traumatic brain injuries. From Clinical Evidence to Compelling Stories While expert witnesses prove a traumatic brain injury exists, the before-and-after witnesses prove how it matters. In this episode, Tom explains why these witnesses serve a fundamentally different role in TBI cases than in other injury claims. Learn why emotional authenticity beats polished performance. Understand how to sequence these testimonies for maximum courtroom impact. Tom shares real trial examples and why jurors may forget expert testimony but will not forget a story that moved them. These before-and-after witnesses don’t just show impact, they prove the injury exists. Key Takeaways The systematic approach to finding and vetting witnesses to select your most compelling and strongest stories The three essential rules: make it visual, keep it short, and use emotion authentically Why diversity of witness perspectives creates a complete picture of life changes How props can help witnesses tell unforgettable stories Why before-and-after witnesses establish the reality of the “invisible injury” Subscribe and Stay Connected Are you ready to take your TBI practice to the next level? Subscribe to our Winning The TBI Case newsletter at www.crosleylaw.com/podcast for exclusive case studies, resources, and trial strategies you won’t hear anywhere else.  Join our community of trial lawyers who refuse to settle for average results. Subscribe to Winning The TBI Case on Apple Podcasts, Spotify, YouTube or wherever you get your podcasts. And remember, don’t just listen to the strategies, implement them!

“Have you ever played chess? You know how great chess players don’t just think about their next move? They think several moves ahead. Well, that’s exactly how we’re going to think about our expert witnesses, and in particular the defense expert witnesses.” – Tom Crosley Welcome to Winning The TBI Case hosted by trial lawyer Tom Crosley. Listen each week as Tom provides practical, powerful guidance for litigating traumatic brain injury cases. This podcast is meant for litigation attorneys who are ready to explore the essentials of TBI cases to confidently represent clients who have suffered traumatic brain injuries. Turning Dry Testimony Into Courtroom Gold Expert witnesses can be the most boring part of any trial, or they can be your secret weapon. In this episode, Tom reveals his strategic approach to expert witness sequencing that transforms technical medical testimony into compelling evidence that builds an unshakeable foundation for your TBI case. Learn why the order of your experts matters as much as their credentials, and understand how to make complex neurological concepts relatable to everyday jurors. Tom shares his “wall of evidence” approach and explains why thinking several steps ahead can neutralize defense experts before they testify. Key Takeaways Simple methods to make expert testimony irrefutable rather than boring How to use your neuroradiologist as a “show and tell” expert Strategic trap-setting that neutralizes defense experts before they take the stand How to identify and coach experts with personality who can keep jurors awake and engaged The keys to building your case one foundational brick at a time Subscribe and Stay Connected Are you ready to take your TBI practice to the next level? Subscribe to our Winning The TBI Case newsletter at www.crosleylaw.com/podcast for exclusive case studies, resources, and trial strategies you won’t hear anywhere else.  Join our community of trial lawyers who refuse to settle for average results. Subscribe to Winning The TBI Case on Apple Podcasts, Spotify, YouTube or wherever you get your podcasts. And remember, don’t just listen to the strategies, implement them!

“One of the biggest mistakes I see in TBI cases is attorneys telling the story in the wrong order.” – Tom Crosley Welcome to Winning The TBI Case hosted by trial lawyer Tom Crosley. Listen each week as Tom provides practical, powerful guidance for litigating traumatic brain injury cases. This podcast is meant for litigation attorneys who are ready to explore the essentials of TBI cases to confidently represent clients who have suffered traumatic brain injuries. The Hidden Psychology of Evidence Sequencing One of the biggest challenges to overcome in a mild TBI case is that your client looks perfectly fine. In this episode, Tom reveals his proven approach to evidence sequencing that turns this challenge into an advantage. Drawing from years of TBI trial experience, Tom explains why conventional evidence presentation often backfires and shares his counterintuitive solution to sequencing the evidence. Key Takeaways The critical first impression mistake that undermines a TBI case before it begins How master storytellers control audience perception and why trial lawyers should adopt this method The psychological principle that can work for or against you in every TBI trial The impact of before and after witnesses in the evidence sequencing process The strategic framework that transforms skeptical jurors into believers Subscribe and Stay Connected Are you ready to take your TBI practice to the next level? Subscribe to our Winning The TBI Case newsletter at www.crosleylaw.com/podcast for exclusive case studies, resources, and trial strategies you won’t hear anywhere else.  Join our community of trial lawyers who refuse to settle for average results. Subscribe to Winning The TBI Case on Apple Podcasts, Spotify, YouTube or wherever you get your podcasts. And remember, don’t just listen to the strategies, implement them!

“ I think the absolute most important thing you can do as a lawyer to facilitate getting a fair number for your client is to speak from your heart with integrity and mean it.” – Keith Mitnik Welcome to Winning The TBI Case hosted by trial lawyer Tom Crosley. Join Tom each week as he provides practical, powerful guidance for litigating traumatic brain injury cases. This podcast is meant for litigation attorneys who are ready to explore the essentials of TBI cases to confidently represent their clients. Mastering the Money Conversation In this second part of our conversation with Keith Mitnik, we dive deeper into the psychology of damages in TBI cases. Keith reveals how he navigates presenting medicals bills to jurors in a mild TBI case. He explains his philosophy of speaking from the heart rather than using anchoring techniques when it comes to damages. Tom shares his own early career lesson about the power of telling juries exactly what you want. This series concludes with Keith’s advanced tactics for destroying defense experts before they even take the stand. Key Takeaways How to handle minimal medical bills in TBI cases The psychology behind asking for what you actually mean vs. artificially anchoring strategies How to identify jurors who are “pre-wired for suspicion” Expert witness tactics and why Keith’s best cross-examination happens in the opening statement The differences between severe and mild TBI cases when it comes to damage presentation Stay Connected Connect with Keith Mitnik directly: https://www.keithmitnik.com Are you ready to take your TBI practice to the next level? Subscribe to our Winning The TBI Case newsletter at www.crosleylaw.com/podcast for exclusive case studies, resources, and trial strategies you won’t hear anywhere else.  Join our community of trial lawyers who refuse to settle for average results. Subscribe to Winning The TBI Case on Apple Podcasts, Spotify, YouTube or wherever you get your podcasts. And remember, don’t just listen to the strategies, implement them!

“People either step in and try them and don’t truly know the science and everything behind it, or they know the science in their sleep, but they don’t know how to track a case with it. And it takes both to do them right.”Keith Mitnik Strategic Insights from Renowned Trial Lawyer In this episode, Tom sits down with renowned Florida trial lawyer Keith Mitnik, who has tried hundreds of cases across the country. Keith explains why successful TBI trial lawyers must master both courtroom skills AND scientific knowledge. He reveals why traditional trial skills alone aren’t enough. He discusses his unique approach to client preparation, the critical decisions about courtroom presence, and why the traditional trial playbook doesn’t work for TBI cases. Keith also introduces his innovative “stages of life” framework for explaining brain injury susceptibility to juries. Key Takeaways Why mild TBI cases are uniquely challenging and defense attorneys are happy to “invite you to court” The critical difference between knowing trial skills versus knowing TBI science, (you need both) Client preparation for TBI cases requires the opposite approach of other injury cases Strategic decisions about client courtroom presence can make or break your case Understanding brain injury susceptibility across different life stages provides powerful trial narrative Stay Connected Connect with Keith Mitnik on his website: https://www.keithmitnik.com Are you ready to take your TBI practice to the next level? Subscribe to our Winning The TBI Case newsletter at www.crosleylaw.com/podcast for exclusive case studies, resources, and trial strategies you won’t hear anywhere else.  Join our community of trial lawyers who refuse to settle for average results. Subscribe to Winning The TBI Case on Apple Podcasts, Spotify, YouTube or wherever you get your podcasts. And remember, don’t just listen to the strategies, implement them!

“Traumatic Brain Injury (TBI) trials are some of the most complex and contentious litigation scenarios that you can encounter as a trial lawyer. Unlike visible injuries such as broken limbs, deep cuts, amputations, brain injuries they often leave no outward signs. They create skepticism among jurors and in particular defense attorneys. Addressing this invisible nature of the injury requires some sophisticated strategies.” – Tom Crosley Welcome to Winning The TBI Case hosted by trial lawyer Tom Crosley. Join Tom each week as he provides practical, powerful insights into litigating traumatic brain injury cases. This podcast is meant for litigation attorneys who are ready to explore the essentials of TBI cases to confidently represent clients who have suffered traumatic brain injuries. Fundamental Strategies for the Invisible Injury In this inaugural episode, Tom Crosley introduces listeners to the complex world of TBI litigation, drawing from his 15+ years of experience and over 60 injury trials. He breaks down the fundamental definition of traumatic brain injury and explains why these cases present unique challenges. Tom discusses the critical importance of strategic witness selection, proper case development, and common defense strategies. He also details why TBI client preparation differs significantly from other injury cases. Key Takeaways Understanding core TBI fundamentals and definitions How advanced neuroimaging techniques provide objective evidence The importance of critical case-building elements and evidence sequencing Developing the case with before and after witnesses Preparing for common defense strategies and tactics This episode sets the stage for deeper dives into advanced imaging techniques, expert witness strategies, damage quantification, effective jury communication, and will also include featured guest interviews. Stay Connected Are you ready to take your TBI practice to the next level? Subscribe to our Winning The TBI Case newsletter at www.crosleylaw.com/podcast for exclusive case studies, resources, and trial strategies you won’t hear anywhere else. Join our community of trial lawyers who refuse to settle for average results. Subscribe to Winning The TBI Case on Apple Podcasts, Spotify, YouTube or wherever you get your podcasts. And remember, don’t just listen to the strategies, implement them!

Traumatic Brain Injury (TBI) cases present unique challenges that can leave even seasoned trial lawyers feeling as though they’re navigating uncharted territory. While your client’s injury is undeniably real, effectively proving it in court requires specialized knowledge, strategic precision, and compelling storytelling. Welcome to Winning The TBI Case, a podcast dedicated to trial lawyers who refuse to settle for average results. Winning a TBI case demands more than just legal skill—it requires an integrated approach that combines medical insight, powerful advocacy, and relatable storytelling. Each week, veteran trial attorney Tom Crosley shares insights from over 15 years of brain injury litigation and 60+ trials—covering not just what worked, but why. Episodes dive into emerging trends, cutting-edge neuroscience, recent verdicts, and real courtroom strategies you can use. Get practical tips, expert interviews, and real-world analysis to help you win your next TBI case. Whether you’re new to TBI litigation or refining your existing strategies, this podcast aims to support your growth and deepen your understanding of these complex cases. Join Tom every Tuesday for a new podcast episode beginning on Tuesday, August 5, 2025. Be sure to subscribe to Winning The TBI Case on Apple Podcasts, Spotify, and YouTube.