13 Aug 2026
Setting Up the TBI Case for Success: The First 6 to 18 Months
One of the most common mistakes I see is lawyers screening for TBI will simply stop at asking the question, “Were you knocked unconscious?” – 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
Tom Crosley lays out a practical timeline for developing a TBI case during the critical first 6 to 18 months. He explains how better intake questions, four specific symptom-tracking tools, and consistent symptom documentation can establish an early foundation while helping attorneys avoid gaps that may later create problems with proof.
Building the Foundation of a TBI Case
The success of a case often depends on decisions made in the earliest days, long before depositions, expert testimony, or trial. In this episode, Tom explains why the first six months matter enormously and what lawyers need to do during the first 18 months to shape the medical and legal framework of the entire case.
Using a real case example, Tom demonstrates what can happen when persistent brain injury symptoms are not adequately documented early. He then walks through his approach to identifying potential TBI cases, tracking symptoms, and supporting accurate medical documentation.
Key Insights for Trial Lawyers
Go Beyond Loss of Consciousness: Intake forms should explore memory, confusion, altered mental status, acute symptoms, and what others observed immediately before and after the injury.
Create a Written Symptom Record: Vague descriptions such as feeling “foggy” or “not myself” may not adequately capture what a client is experiencing. Written symptom questionnaires can help clients organize their symptoms and communicate them more accurately to their treating physicians. Tom recommends the following four symptom forms:
Philadelphia Head Injury Questionnaire (PHIQ)
CDC Acute Concussion Evaluation (ACE) (https://cde.nlm.nih.gov/formView?tinyId=X15afsTpL)
Rivermead Post-Concussion Symptoms Questionnaire (RPQ) (https://pubmed.ncbi.nlm.nih.gov/8551320/)
Headache Impact Test (HIT-6) (https://pubmed.ncbi.nlm.nih.gov/15693807/)
Avoid Gaps in Medical Documentation: Persistent symptoms need to reach the treating physician. Long periods without meaningful documentation can make an otherwise legitimate injury significantly more difficult to prove later.
Know When to Expand the TBI Workup: For clients with persistent symptoms, Tom discusses when to consider advanced neuroimaging and whether a neuropsychological evaluation is warranted.
Reassess as the Case Develops: As the case progresses into the 12-to-18-month window, repeat neuropsychological testing or neuroimaging may help document whether the client’s condition has improved, remained stable, or changed over time.
For Trial Lawyers: Build the Foundation Early
This episode is for trial lawyers who handle serious injury cases but may not regularly litigate TBI cases. Tom’s message is simple:
Start early
Ask better questions
Document symptoms
Make sure those symptoms are reaching treating physicians
Continually evaluate whether the developing medical evidence supports the TBI case
The goal is not to overbuild every potential brain injury claim. It is to recognize legitimate TBI cases early enough to develop the medical and factual record needed to accurately demonstrate the client’s injury when the case reaches trial.
Connect
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.
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And remember, don’t just listen to the strategies, implement them!
