Defending Brain Injury Cases: Measuring Loss of Function
Developing Objective Evidence of Plaintiff's Pre- and Post-Accident Conditions
Course Details
- smart_display Format
Live Online with Live Q&A
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Personal Injury and Med Mal
- event Date
Tuesday, September 9, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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This CLE webinar will offer guidance from defense counsel in brain injury litigation about investigating and developing a record to demonstrate and measure as objectively as possible the plaintiff's pre-and post-accident condition and lifestyle when mild, moderate, and traumatic brain injury has been alleged. The panel will also discuss best practices for using the information before trial in settlement discussions and for presenting it to the jury.
Ms. Gardner is a talented trial attorney that has obtained numerous defense verdicts over the years in a multitude of states. Her core practice areas include personal injury, premise liability, and trucking and transportation. Ms. Gardner also has substantial litigation experience defending medical fraud, product liability, insurance coverage, and bad faith and fraud matters in both state and federal courts. She is qualified in handling all aspects of litigation from case inception through resolution by settlement, trial or on appeal. Ms. Gardner has acted as monitoring counsel in high-exposure matters and is also a member of the American Board of Trial Advocates (ABOTA).
Mr. Williams is a successful trial attorney defending corporations around the country in complex coverage, property, product liability, commercial litigation matters. He represents insurance carriers and individual corporations in coverage and personal injury litigation and also litigates high-stakes employment discrimination cases on behalf of private individuals. Additionally, Mr. Williams practice includes the defense of civil rights and wrongful death claims under 42 U.S.C. § 1983 against law enforcement officers, correctional staff and municipal entities, including allegations of constitutional violations, inadequate medical care and institutional liability. His extensive experience in both federal and state courts includes a diverse civil jury trial practice in Michigan, along with Florida, Illinois, Louisiana, New York, New Jersey, Pennsylvania and Texas. Mr. Williams also advises insurers on cybersecurity coverage, provides counsel on a range of coverage issues, and represents clients in rideshare liability, bad faith and declaratory relief actions involving general liability, homeowner, auto and E&O policies.
Brain injury claims are frequently difficult to objectively evaluate and expensive to defend. The value of brain injury cases is directly proportional to the injured person's post-accident pain and suffering and noneconomic damages, which are generally measured by how much enjoyment or function has been lost in different areas of life as a direct result of the accident in question.
One of the most important keys to defending cases alleging brain injury is to accurately establish the injured party's pre- and post-accident baselines for everyday tasks as well as loss of enjoyment of life, mental anguish, and more. Typically, defense counsel will want to review everything in the plaintiff's past and present emotional and medical history to construct a before and after picture of the plaintiff's life. Of particular interest may be how the claim itself evolves from the date of the incident to the time of trial. Objective evidence in the form of records created immediately after an injury or during treatment can be worth their weight in gold.
Listen as this panel of brain injury defense counsel and other SMEs discusses best practices for investigating and developing a record to demonstrate as objectively as possible the plaintiff's pre- and post-accident condition and lifestyle.
I. Introduction to different categories of brain injury
II. Developing objective evidence of plaintiff's pre-accident condition or baseline
III. Developing objective evidence of plaintiff's post-accident condition
IV. Common defenses
The panel will review these and other important questions:
- Is it helpful or necessary to develop an opinion about a plaintiff's subjective good faith in bringing a brain injury claim?
- What is the difference between objective evidence of injury and a subjective complaint?
- What is the role of the plaintiff's social media in brain injury litigation?
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