Traumatic Brain Injury Claims: Navigating Litigation Complexities

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.