BarbriSFCourseDetails
  • videocam Live Webinar with Live Q&A
  • calendar_month April 14, 2026 @ 1:00 PM ET/10:00 AM PT
  • signal_cellular_alt Intermediate
  • card_travel Personal Injury and Med Mal
  • schedule 90 minutes

Hard-to-Prove Personal Injuries: Practical Strategies for Establishing Complex-but-Unseen Injuries

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$197.00
$167.45
Save $29.55

Discount expires 3/31/26

This course is $0 with these passes:

CLE
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About the Course

Introduction

This CLE webinar will offer practical guidance for overcoming the challenges in some of the hardest-to-prove personal injury cases that every personal injury lawyer encounters on a regular basis.

Description

Injuries that cannot be seen, sometimes called "invisible" injuries, such as damage to joints and ligaments, soft tissue, chronic pain, or brain injuries, are some of the most complex and debilitating and also some of the most difficult to prove. Often, symptoms of injury take days or longer to show up (and may fluctuate), are not diagnosed with definitive testing, and may be subjective in severity. The difficulty is exacerbated if the accident that caused the injuries did not produce significant visible damage to property or the person.

These types of injuries are also easy to dispute, and defense counsel will be looking for inconsistencies and gaps by comparing the plaintiff's symptoms, diagnosis, and treatment with the claimed damages. Plaintiff's counsel must strive to disappoint them. Likewise, defense counsel will look for evidence that the plaintiff's conduct belies the injuries. When an injury is primarily subjective, such as chronic pain or decreased range of movement, credibility becomes everything.

Listen as our expert panel discusses diagnosing and documenting complex but unseen injuries, what types of witnesses and testimony are most persuasive, how to prevent plaintiffs from inadvertently damaging their credibility, and how to prevent real harm from going uncompensated. 

Presented By

Erik S. Heninger
Partner
Heninger Garrison Davis, LLC

Mr. Heninger focuses on civil litigation, particularly for individuals who have suffered catastrophic injuries such as severe brain and spine damage. His practice encompasses a range of personal injury cases, including trucking and motor vehicle collisions, sexual abuse and assault, nursing home litigation, and medical negligence. Mr. Heninger is actively involved with the American Association of Justice (AAJ), where he frequently speaks and teaches trial advocacy to fellow lawyers. Recognized for his outstanding legal work, he has received numerous accolades throughout his career. Mr. Heninger holds an "AV Preeminent" rating from Martindale-Hubbell and is board certified as a Civil Law Trial Advocate by the National Board of Trial Advocacy. As a member of the American Board of Trial Advocates since 2013 and a Fellow of the Litigation Counsel of America, he has also been named one of the "Top 50 Lawyers in Alabama"

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Brad Wyly
Founding Partner
Wyly & Cook, PLLC

Mr. Wyly started his own firm in January 2008 to represent individuals and small business owners in Houston and throughout Texas with their claims against insurance companies and major corporations. In 2020, he was appointed Co-Chair of the Houston Bar Association Professionalism Committee.  Mr. Wyly has been perennially selected as a Super Lawyer in Texas and has been selected on multiple occasions as a Top 100 Houston Super Lawyer by the same publication. He has an AV Preeminent Rating from Martindale-Hubbell and has also been rated among the “Top Lawyers” in Houston many times by Houstonia Magazine. Mr. Wyly enjoys teaching and is an Adjunct Professor at the University of Houston Law Center, where he has taught a Pretrial Litigation Seminar since 2017.

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Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, April 14, 2026

  • schedule

    1:00 PM ET/10:00 AM PT

I. Introduction: reasons these types of injuries are difficult to prove 

II. Medical records and experts: working with neurologists, physical therapists, and others to diagnose and document injuries

A. Countering "normal" test results or images

B. Addressing treatment with limited improvement

III. Overcoming causation conundrums 

A. Delayed and subjective symptoms

B. Bias that low property damage means no injury

C. Subjective symptoms

D. Alternative causation

IV. Settlement and negotiation strategies

V. Strategies for presenting "invisible" injuries to the jury

The panel will review these and other important issues:

  • What trial themes and arguments often resonate with jurors in soft tissue and invisible injury cases?
  • What analogies might work for making juries understand that unseen or slight conditions can have significant consequences? 
  • What factors under counsel or client control have the most effect on claim value?