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Traumatic Brain Injuries: Demonstrating or Disputing the Existence and Extent of Brain Damage Using Expert Witnesses

Strengths and Weaknesses of Different Specialties, Credentialing and Demeanor, Establishing Bias, Addressing Overreaching

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, December 14, 2023

Recorded event now available

or call 1-800-926-7926

This CLE course will offer advanced guidance to personal injury attorneys proving or challenging the existence and extent of injury in traumatic brain injury (TBI) cases. The panel will explore what types of experts should be engaged, what to look for in credentialing and demeanor, and strategies for establishing bias, overreaching, or even incompetence in opposing experts.


TBI is a leading cause of death and disability in the United States. Demonstrating TBI can be difficult due to the variety and complexity of brain injuries, the lack of objective diagnostic tests, the reliance on self-reporting of symptoms, and heightened scrutiny of claims by the defense.

Evidence of brain injury--brain malfunction--comes in three broad forms: brain imaging evidence, such as CT scans, MRIs, PET, and DTI, showing physical changes; neuropsychological tests such as Videonystagmography, Posturography and Brain Mapping in addition to Neuropsychological Testing; or lay testimony showing changes in memory, cognition, mood, and behavior. These studies can show structural changes to the brain and related nervous system regions, damage to the central and peripheral nervous systems based upon physiological abnormalities revealed and cognitive (including memory)/behavioral/mood dysfunction shown through Neuropsychological test results. Counsel must coordinate multiple experts, and both sides must understand the mechanics of deposing and cross-examining them.

Listen as this experienced panel offers advanced guidance for establishing or challenging the existence and extent of TBI and reviews best practices for assembling and coordinating the right experts.



  1. Defining TBI
  2. Selecting the right TBI experts for the case
  3. Supporting and challenging imaging
    1. Traditional imaging
    2. DTI
  4. Supporting and challenging behavioral testing
  5. Cross-examination strategies
  6. Recording examinations


The panel will review these and other pivotal questions:

  • How should attorneys for both sides evaluate causation?
  • Should every TBI plaintiff undergo neuropsychological testing?
  • What are the best strategies to present evidence of cognitive or behavioral dysfunction?


DeGaetano, Matthew
Dr. Matthew J. DeGaetano

Program Director and Founder
Personal Injury Institute & Axon Medical Centers

Licensed as a chiropractor, Dr. DeGaetano has worked with medical doctors, chiropractors and law firms all over the...  |  Read More

Dr. Kenneth Gross, MD
Dr. Kenneth Gross, MD
Kenneth Gross, MD

Dr. Gross is a neurologist in Philadelphia, Pennsylvania. He received his medical degree from Stony Brook...  |  Read More

Hall, Weston
Weston L. Hall

Chamblee Ryan

Mr. Hall is a partner at Chamblee Ryan. His legal practice focuses on civil and commercial litigation in a wide array...  |  Read More

de St. Phalle, Eustace
Eustace de Saint Phalle

Rains Lucia Stern St. Phalle & Silver

Mr. de Saint Phalle has established himself as one of California’s top personal injury trial lawyers, having...  |  Read More

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