“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!

“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.”

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.

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.

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.

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.

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.