“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.

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.

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.

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.

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.

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.

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.

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.

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.

 The Longitudinal Study of Postconcussion Syndrome from the Journal of Neurotrauma: https://pmc.ncbi.nlm.nih.gov/articles/PMC5397249/

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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!