Traumatic Brain Injury Claims: Navigating Litigation Complexities

Assessing TBI Claims, Negotiating Settlements, and Leveraging Expert Witnesses to Strengthen Your Case

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


Conducted on Thursday, November 16, 2017

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will provide practical guidance to personal injury attorneys for pursuing or defending traumatic brain injury (TBI) claims. Our panel will explain best practices for assessing a potential TBI injury client, collecting and presenting medical records and materials, developing effective expert witness testimony, and pulling together other evidence to position a TBI case for settlement or trial.

Description

Nearly two million people sustain TBIs each year in the U.S. TBI claims involve unique challenges at every stage of the case, making the pursuit or defense of these claims complex for attorneys.

For plaintiff’s counsel, carefully screening a potential claim is important to ensure that TBI injuries do not go undetected or misdiagnosed. Communicating with clients suffering from a TBI takes special skills and sometimes requires the appointment of a guardian.

On the other side of the case, defense counsel must understand the mechanics of deposing experts and evaluating their allegations.

TBI settlement negotiations are complicated because insurance carriers apply a much higher level of scrutiny when a TBI is alleged. Negotiations require the sophisticated collection and presentation of evidence. If a case progresses to trial, counsel must know how to leverage expert and lay witnesses to present their very best case and illustrate the impact of a TBI injury.

Listen as our experienced panel examines the unique challenges TBI cases present. The panel will discuss their experiences with TBI clients and cases, how to classify injuries and assess potential TBI damages, and best practices to navigate claims towards settlement and at trial.

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Outline

  1. Client intake
    1. Characteristics of TBI clients
    2. Assessing injuries
    3. Quantifying damages
  2. Settlement considerations
    1. Insurance carrier negotiation challenges
    2. Collecting and presenting evidence
  3. Trial considerations
    1. Effective use of expert witnesses
    2. Effective use of a lay witness

Benefits

The panel will review these and other key issues:

  • The systems available to personal injury attorneys to screen potential TBI clients and begin cases on solid footing
  • How attorneys on both sides of a case should evaluate medical causation and quantify TBI damages
  • Best practices for selecting experts and evaluating the need for a TBI victim to seek out specialist care, undergo neuropsychological testing, and/or receive further diagnostic testing
  • Strategies for presenting evidence of cognitive and behavioral dysfunction to adjusters, defense counsel and jurors
  • How expert and lay witnesses can impact your TBI case during discovery, litigation and at trial

Faculty

Cowen, Todd
Dr. Todd Cowen
Certified Physician Life Care Planner
Crosley, Tom
Thomas Crosley

Founder
Crosley Law

Mr. Crosley has tried 50 cases as first-chair trial counsel, including personal injury and wrongful death cases arising...  |  Read More

Dr. Matthew J. DeGaetano
Dr. Matthew J. DeGaetano

Whiplash & Brain Traumatology Consultant
Personal Injury Institute

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

Glas, John Jerry
John Jerry Glas

Partner
Deutsch Kerrigan

Mr. Glas has tried more than seventy jury trials to verdict, and his practice includes significant experience handling...  |  Read More

Other Formats
— Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

48 hours after event

$197

Download

48 hours after event

$197