“Individuals will walk into a courtroom or walk into our offices and they look like you and I. They don’t look like brain injury victims.” – Dr. Janyna Mercado
Welcome to Winning The TBI Case, hosted by trial lawyer Tom Crosley. Listen 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 Critical Role of Neuropsychology in TBI Litigation (Part One)
In the first of a two-part series, Tom is joined by Dr. Janyna Mercado, a clinical neuropsychologist who evaluates and testifies in traumatic brain injury (TBI) cases for both plaintiff and defense cases.
Dr. Mercado defines what neuropsychology is and how it differs from neurology and general psychology. She explains how neuropsychological testing measures cognition, memory, processing speed, and overall brain function. These neuropsychological evaluations often play a critical role in traumatic brain injury litigation. As a neuropsychologist, her role is to translate those complex findings into clear explanations for attorneys, judges, and juries. This helps them better understand what may be happening inside the brain, even when brain imaging appears normal.
In this episode, Tom Crosley sits down with neuropsychologist, Dr. Janyna Mercado to explain the role that neuropsychology plays in traumatic brain injury litigation. They discuss how neuropsychological testing evaluates the “working brain,” why mild TBI cases are often misunderstood, and how expert testimony can help juries understand invisible injuries. This first installment lays the foundation for understanding how neuropsychological evidence can strengthen TBI cases at trial.
Key Takeaways:
- Function Over Structure: Neuropsychology examines how the brain functions, which is critical when imaging scans appear normal but cognitive deficits persist
- Understanding the Full Medical History: Pre-existing conditions should not be ignored or hidden. When properly evaluated, a client’s medical and psychological history can help clarify how a traumatic event aggravated or worsened prior conditions
- Teaching the Jury: Neuropsychologists translate complex brain science into understandable terms that help juries grasp what constitutes a mild traumatic brain injury
This conversation provides foundational insight for trial lawyers handling TBI cases. If you’ve ever struggled to explain a mild TBI to a jury or wondered when and how to involve a neuropsychologist, this episode is for you.
Stay Tuned…
In the second part of this conversation, Tom Crosley and Dr. Janyna Mercado dive deeper into neuropsychological evaluations, including how testing works, how experts analyze results, and trial strategies attorneys can use based on those results.
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