How a San Antonio Brain Injury Lawyer Wins TBI Cases

When a traumatic brain injury (TBI) changes your life or the life of a loved one, the path forward can be filled with uncertainty. A TBI is often invisible to the naked eye, yet its effects can be devastating, long-lasting, and deeply personal.

San Antonio brain injury lawyer Tom Crosley has devoted his legal career to studying TBIs and successfully proving their impacts to insurance companies and juries. As he explains in his podcast, Winning the TBI Case, these types of brain injuries present unique legal challenges that benefit from specific approaches.

We have summarized some of the main points of our first episode, “Introduction of Winning the TBI Case: Strategy, Science, and Storytelling.” You are always welcome to listen to the full episode as well, which dives much deeper into the topics below.

And if you’re looking for a San Antonio brain injury lawyer who understands how to navigate the complexities of TBI litigation, please don’t hesitate to contact us and request a free consultation.

Why TBI cases can be so difficult to prove

“Traumatic brain injury 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, or amputations, brain injuries often leave no outward signs. They create skepticism among jurors and, in particular, defense attorneys.”

Tom Crosley 

One of the biggest challenges of TBIs is that they don’t always show up on standard medical imaging. A person may look completely fine on the outside but still suffer from debilitating symptoms like memory loss, headaches, mood swings, or cognitive difficulties.

Because of this, insurance companies and defense attorneys often try to dismiss the injury or suggest the victim is exaggerating. Crosley emphasizes that “addressing this invisible nature of the injury requires some sophisticated strategies.” The burden is on the brain injury victim’s lawyer to make the effects of the injury real and undeniable in the courtroom.

What counts as a TBI?

TBI can result from car crashes, falls, assaults, workplace accidents, or sports injuries. They are categorized into mild, moderate, or severe cases. But even so-called “mild” TBIs can cause serious disruptions in a person’s life.

Crosley notes that the core definition used by medical professionals first came from the American Congress of Rehabilitation Medicine in 1993: “A TBI occurs when an external force significantly disrupts normal brain function.”

Although the definition was expanded in 2023 to the benefit of most brain injury cases, understanding this core definition and building a case that supports it is still a critical part of what an experienced brain injury lawyer does.

“There are lots of things that some of the various medical specialties will look into more deeply about, you know, what were the symptoms? What did the imagining show? And as a lawyer, you need to look into what evidence can you develop through the life of your case to clearly show that you meet that threshold definition of a traumatic brain injury.”

Tom Crosley 

How a San Antonio brain injury lawyer proves your case

One of the most important jobs of a brain injury lawyer is helping jurors understand how a person can suffer significant brain damage without looking obviously injured.

Tom explains that most cases involve using expert witnesses and advanced diagnostic tools. “We use in a TBI case, almost exclusively these days, advanced neuroimaging to help prove our case,” he says. Imaging techniques like diffusion tensor imaging (DTI) or functional MRI (fMRI) can detect subtle brain abnormalities that regular MRIs or CT scans might miss.

In addition to imaging, neuropsychological testing plays a huge role. These tests compare a person’s cognitive functions such as memory, concentration, and problem-solving to their baseline. Crosley stresses that, “these neuropsychological tests are very sophisticated and can significantly bolster the case’s credibility by providing concrete, quantifiable, objective data.”

RELATED: How medical experts can make or break your personal injury case

The importance of witnesses who know the victim best

Brain injuries affect more than just memory and attention. They impact relationships, jobs, and self-confidence. That’s why personal stories from before-and-after witnesses can be so powerful.

Tom believes having “before and after” witnesses are just as critical to brain injury cases in San Antonio as having expert medical witnesses. While experts can attest to diagnostics, personal witnesses can make the actual consequences of a victim’s brain injury clearer to a jury.

“An injury case is, after all, a study in contrast. A comparison to what was before in the injured state versus what is remaining after in the injured state. And so these friends, family members, coworkers, even supervisors; they all become invaluable in describing the observable changes in behavior, personality, capabilities, social interactions, [and] willingness to put themselves out in the world.”

Tom Crosley 

Countering common insurance tactics

Insurance companies often try to blame brain injury symptoms on something else like stress, depression, or preexisting conditions. They may even hire medical experts whose job is to suggest that the injury doesn’t exist or is being faked.

“There are some professional expert witnesses on the defense side who have made a cottage industry out of coming into a case, testing a plaintiff, and then concluding the plaintiff is malingering or faking,” says Crosley.

A good lawyer knows how to challenge these claims, expose biased testimony, and present stronger evidence from credible sources.

Why your San Antonio brain injury lawyer’s strategy matters

Winning a TBI case requires careful planning. Tom Crosley doesn’t just throw witnesses on the stand in random order. He builds a persuasive story starting with the strongest, most irrefutable evidence. This helps jurors understand that what’s invisible isn’t imaginary.

It also means preparing the client differently. In many injury cases, a well-rehearsed and polished plaintiff can impress a jury. But in a TBI case, that may work against them.

“We essentially don’t want our TBI client to come across completely prepared, completely polished, because it tends to negate what we’re trying to prove,” Crosley says. Instead, the goal is authenticity.

The Crosley Law advantage

Tom Crosley and his team have tried a multitude of cases involving traumatic brain injuries. Their approach combines legal expertise, medical knowledge, and compassion.

In addition to 7-9 “before and after” witnesses, each TBI case may also include multiple expert witnesses including neurologists, neuropsychologists, life care planners, and more. Crosley Law handles the coordination of all this complex evidence so that their clients can focus on healing.

In cases where long-term care or diminished earning capacity is involved, Crosley Law works with economists and rehab specialists to calculate and communicate lifetime costs to juries. Even if a client’s medical bills don’t seem high right away, the future impact of a TBI can be staggering.

“You’re really building a case about how a person’s life has been negatively affected permanently.”

Tom Crosley

Choose a San Antonio brain injury lawyer who understands TBIs

Not every personal injury attorney is equipped to handle TBI cases. The stakes are high, and the defense strategies are aggressive. You need a lawyer who understands both the science and the storytelling.

If your child, spouse, or family member has suffered a brain injury, you deserve a legal team that will fight for the truth and secure the compensation you need.

Tom Crosley and his team have the experience, resources, and determination to take on these difficult cases. They’ll help you gather evidence, navigate complex medical issues, and build a compelling case from start to finish.

Contact Crosley Law today for a free consultation and find out how we can help you win your TBI case.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.