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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 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, April 14, 2022

Recorded event now available

or call 1-800-926-7926

This CLE course 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 high impact expert witness testimony, and pulling together other evidence to position a TBI case for settlement or trial.


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 plaintiffs' counsel, carefully screening a potential claim is essential 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. 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, classifying injuries, and assessing potential TBI damages, as well as best practices to navigate claims during settlement and at trial.



  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
      1. Types of expert witnesses in TBI cases
      2. Neuroimaging
    2. Effective use of a lay witness


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 assessing the need for a TBI victim to seek out specialist care, undergoing neuropsychological testing, and receiving further diagnostic testing
  • Strategies for presenting evidence of cognitive and behavioral dysfunction to adjusters, defense counsel, and jurors
  • Effective use of neuroimaging in support of your case
  • How expert and lay witnesses can impact your TBI case during discovery, litigation, and trial


Crosley, Thomas
Thomas Crosley

Crosley Law

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

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

Glas, John Jerry
John Jerry Glas

Chair, Civil Litigation Department
Deutsch Kerrigan

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

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