Winning The TBI Case

A Radiologist’s Approach to TBI Case Evaluation – Dr. David Levey

> “What I’m looking for is: What is the correct diagnosis? What happened to this patient? Is he or she being treated correctly or properly? And that’s a concern of mine.” – Dr. David Levey 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. rsw 600h 300cg true [https://crosleylaw.com/wp-content/uploads/2026/05/rsw-600h-300cg-true.webp] Tom is joined by Dr. David Levey, [https://expertradiologist.org/meet-the-expert] a diagnostic radiologist and forensic neuroradiology expert who evaluates traumatic brain injury cases for both plaintiffs and the defense. Dr. Levey walks through the detailed process radiologists use to evaluate imaging, medical records, symptoms, and clinical history when analyzing TBI cases in both medical and litigation settings. > What’s In This Episode > > Dr. David Levey explains how radiologists evaluate traumatic brain injury cases and how imaging findings fit within the broader clinical and litigation picture. He also shares practical insight into the role imaging plays in TBI litigation and best practices for trial lawyers working with radiology experts. KEY INSIGHTS FOR TRIAL LAWYERS * Radiologists Evaluate More Than Images: Forensic radiology involves an extensive analysis of imaging combined with medical records, symptoms, clinical history, and causation evidence in context. * “Normal” Scans and Imaging Do Not Rule Out TBI: There are times when traumatic brain injuries will not appear on routine CT imaging. MRI studies can reveal subtle abnormalities not visible on CT scans. Advanced imaging such as DTI, tractography, and volumetric imaging can provide additional detail and should always be considered alongside symptoms, testing, and functional changes. * Effective TBI Litigation Requires Collaboration: Radiologists often work closely with attorneys and other experts to help evaluate complex brain injury cases. Dr. Levey pulls back the curtain on the detailed analytical process radiologists use to evaluate brain injury cases in both medical and forensic settings and shares how he works with both plaintiff and defense teams. PREPARATION MATTERS This episode is for trial lawyers who want a clearer understanding of how radiologists evaluate traumatic brain injury cases and how imaging evidence fits into litigation strategy. If you’ve ever struggled with “normal imaging” defenses or wanted insight into how to best leverage your radiology experts in TBI cases, then you’ve come to the right place. REFERENCED AND MENTIONED Dr. Levey and Tom reference tractography imaging beginning at time code 22:49 which can be seen on the video version of the podcast. Screenshots below for our audio listeners. Dr. Levey with tractography image [https://crosleylaw.com/wp-content/uploads/2026/05/Dr.-Levey-with-tractography-image.png] Dr. David Levey with tractography image 1 [https://crosleylaw.com/wp-content/uploads/2026/05/Dr.-David-Levey-with-tractography-image-1.png] CONNECT * Connect directly with Dr. David Levey by visiting: www.expertradiologist.org [https://expertradiologist.org] * Subscribe to Winning The TBI Case on Apple Podcasts [https://podcasts.apple.com/us/podcast/winning-the-tbi-case/id1828755874], Spotify [https://open.spotify.com/show/7JLvDBMdmv9fKkY87dowmk], YouTube [https://youtu.be/pvVFqODzy-k?si=smfWowvI5Dcrk-c0] or wherever you get your podcasts.  * Follow on Facebook [https://www.facebook.com/CrosleyLaw], LinkedIn [https://www.linkedin.com/company/crosley-law-firm-p-c-], and Instagram * And remember, don’t just listen to the strategies, implement them!

Inside an $8.1 Million TBI Verdict with Scott Blair

> “ The TBI alters the organic chemistry, the physical structure of the brain to the point where our personalities then get altered. Our spirit knows who we are. But you can’t get that person back… and I think jurors get that.” – Scott Blair 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. > What’s In This Episode: > > Scott Blair shares how he built and tried a complex TBI case that resulted in an $8.1 million verdict. > He explains the role of advanced neuroimaging, expert strategy, and objective evidence in overcoming common defense arguments. Most importantly, he provides practical guidance on how trial lawyers can strengthen their cases by understanding the medicine, telling the client’s story, and preparing for trial from day one. WINNING COMPLEX TBI CASES In this episode, Tom is joined by Scott Blair [https://www.braininjurylawofseattle.com/staff/scott-blair/], founder of Brain Injury Law of Seattle, to break down the strategy behind a recent $8.1 million traumatic brain injury verdict. Scott shares how he approaches complex cases, from digging deep into the medicine to building objective evidence that makes it difficult for the defense to deny brain injury. This conversation goes beyond theory. Scott walks through the real decisions that shaped the case, including expert selection, advanced neuroimaging, trial strategy, and how to handle common defense tactics in high-functioning TBI clients. KEY INSIGHTS FOR TRIAL LAWYERS * Dive deep into the medicine: The strongest TBI cases are built by lawyers who understand the underlying medical science and work closely with the right experts. * Objective evidence changes the game: Advanced imaging, sleep studies, and vestibular testing can create converging proof that is difficult for the defense to dismiss. * High-functioning clients require a different strategy: Clients who continue working after injury often face skepticism. Demonstrating how their capacity has changed is critical. * Tell the employer early: Encouraging clients to disclose their brain injury can lead to documentation and accommodations that strengthen their case. * Neutralize defense narratives early: Address issues like travel photos or work performance before the defense raises them to reduce their impact at trial. * Use real-world functioning, not just testing: Speech-language pathology and real-world observations can be more persuasive than traditional neuropsychological testing alone. * Before and after witnesses are critical: Family members, especially spouses, provide powerful testimony about how the client has changed after the injury. * Visual evidence matters: Jurors respond strongly to clear visual representations of brain injury, especially when complex science is involved. This episode is for trial lawyers who want to take their TBI cases to the next level. If you’re handling complex or high-value cases, Scott Blair’s approach offers a practical roadmap for building stronger evidence, overcoming defense strategies, and presenting a compelling case at trial. SUBSCRIBE AND STAY CONNECTED * Connect directly with Scott Blair: scott@braininjurylawofseattle.com * Subscribe to Winning The TBI Case on Apple Podcasts [https://podcasts.apple.com/us/podcast/winning-the-tbi-case/id1828755874], Spotify [https://open.spotify.com/show/7JLvDBMdmv9fKkY87dowmk], YouTube [https://youtu.be/pvVFqODzy-k?si=smfWowvI5Dcrk-c0] or wherever you get your podcasts.  * Follow on Facebook [https://www.facebook.com/CrosleyLaw], LinkedIn [https://www.linkedin.com/company/crosley-law-firm-p-c-], and Instagram [https://www.instagram.com/crosleylaw/] * And remember, don’t just listen to the strategies, implement them!

TBI Defined

> “The better you understand the definitions of mild TBI, the better equipped you are to read the records, evaluate the experts, and keep your case grounded in sound medicine.” – Tom Crosley 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. > What’s In This Episode: > In this episode, Tom Crosley explains how mild traumatic brain injury is defined using both the ACRM 1993 and updated 2023 frameworks. He breaks down the three primary pathways to diagnosing TBI and how those definitions show up in real cases. And finally, Tom provides the simplified jury presentation that keeps the focus on symptoms, causation, and long-term impact. UNDERSTAND THE FRAMEWORK This is for trial lawyers who want a clearer, more practical understanding of how mild TBI is defined and how those definitions are used in real cases. Tom Crosley breaks down the definitions that form the backbone of every brain injury case. He explains the evolution from the 1993 American Congress of Rehabilitation Medicine (ACRM) [https://acrm.org] definition to the comprehensive 2023 update that created three distinct pathways to diagnosis: * Clinical signs * Symptoms with objective findings * Abnormal imaging (NOTE: most mild TBIs will not appear on routine scans) If you’ve ever found yourself caught in a word play battle with the defense over terminology instead of focusing on the injury itself, this episode will help you reframe your approach. SUBSCRIBE AND STAY CONNECTED * Subscribe to Winning The TBI Case on Apple Podcasts [https://podcasts.apple.com/us/podcast/winning-the-tbi-case/id1828755874], Spotify [https://open.spotify.com/show/7JLvDBMdmv9fKkY87dowmk], YouTube [https://youtu.be/pvVFqODzy-k?si=smfWowvI5Dcrk-c0] or wherever you get your podcasts.  * Follow on Facebook [https://www.facebook.com/CrosleyLaw], LinkedIn [https://www.linkedin.com/company/crosley-law-firm-p-c-], and Instagram [https://www.instagram.com/crosleylaw/] * And remember, don’t just listen to the strategies, implement them!

Neuropsychological Evaluations Demystified with Dr. Janyna Mercado

> “Every test you take today is going to tap into how a different part of your brain is working. Some tests will have more emphasis on different lobes of your brain than others. We’re going to be evaluating your memory, your attention, and your concentration ability.” – 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. > What’s In This Episode > This episode is essential for TBI attorneys who want to move beyond basic neuropsychology knowledge into advanced tactics. Learn the strategic timing for neuropsychological evaluations, how to interpret validity measures, and why transparency about test limitations strengthens rather than weakens your expert testimony. Dr. Mercado shares insider tips that can transform your approach in the courtroom. ADVANCED TESTING STRATEGIES AND COURTROOM APPLICATIONS In the second part of this two-part series, Tom Crosley continues his conversation with Dr. Janyna Mercado to reveal strategies for neuropsychological evidence in TBI cases. Dr. Mercado demystifies the evaluation process and explains the critical timing decisions that can make or break your case. This conversation provides expert witness insights to maximize neuropsychological evidence and avoid the common mistakes that undermine TBI cases. Dr. Mercado’s practical insights reveal why successful neuropsychological evidence requires understanding both the science and the strategy behind telling compelling stories to juries and judges. SUBSCRIBE AND STAY CONNECTED * Connect directly with Dr. Janyna Mercado at https://texasneuropsychinstitute.com [https://texasneuropsychinstitute.com] * Are you ready to take your TBI practice to the next level? Subscribe to Winning The TBI Case newsletter at www.crosleylaw.com/podcast [https://crosleylaw.com/podcast] for exclusive case studies, resources, and trial strategies you won’t hear anywhere else.  * Join our community of trial lawyers who refuse to settle for average results. Subscribe to Winning The TBI Case on Apple Podcasts [https://podcasts.apple.com/us/podcast/winning-the-tbi-case/id1828755874], Spotify [https://open.spotify.com/show/7JLvDBMdmv9fKkY87dowmk], YouTube [https://youtu.be/pvVFqODzy-k?si=smfWowvI5Dcrk-c0] or wherever you get your podcasts. And remember, don’t just listen to the strategies, implement them!

Neuropsychology’s Role in TBI Cases with Dr. Janyna Mercado

> “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 [https://texasneuropsychinstitute.com/our-staff/], 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. SUBSCRIBE AND STAY CONNECTED * Connect directly with Dr. Janyna Mercado at https://texasneuropsychinstitute.com [https://texasneuropsychinstitute.com] * Are you ready to take your TBI practice to the next level?  * Subscribe to: Winning The TBI Case newsletter at www.crosleylaw.com/podcast [https://crosleylaw.com/podcast] for exclusive case studies, resources, and trial strategies you won’t hear anywhere else.  * Join our community of trial lawyers who refuse to settle for average results. Subscribe to Winning The TBI Case on Apple Podcasts [https://podcasts.apple.com/us/podcast/winning-the-tbi-case/id1828755874], Spotify [https://open.spotify.com/show/7JLvDBMdmv9fKkY87dowmk], YouTube [https://youtu.be/pvVFqODzy-k?si=smfWowvI5Dcrk-c0] or wherever you get your podcasts. And remember, don’t just listen to the strategies, implement them!