Michael Stephenson

What does it take to obtain a 12.1 million verdict in an mTBI case with:

• Low-Speed Impact
• No reported head strike
• No loss of consciousness
• No findings on conventional MRI
• No findings on neuropsychological testing
• No clear medical diagnoses that would explain Plaintiff's symptoms (despite extensive treatment).
• Pre-existing conditions including brain fog, chronic headaches, learning disabilities, and depression

Ms. Hickey was commuting by bicycle when a car making a 3point turn blocked the bike lane. Ms. Hickey struck the car but remained upright, did not fall to the ground, and did not believe she hit her head. She continued on to work, where she began experiencing whiplash/concussion symptoms and eventually went to the ER. Unfortunately, her symptoms got progressively worse and she eventually was unable to continue working as a nurse. The defense argued that her issues were a result of her undisputed pre-existing conditions, which included: ADHD, depression, PMDD, headaches, light sensitivity, and neck pain.

This one-hour lecture provides a step-by-step breakdown of how that result was achieved, utilizing resources available to anyone through TLU On Demand.

This lecture will discuss:

• Using the defense's own evidence of pre-existing conditions against them
• Establishing damages through defense witnesses
• Humanizing the plaintiff through before and after witnesses
• Preparing and delivering an opening that sets the tone for arguing damages
• Presenting non-economic damages in a way that feels justified and logical

Attendees will leave with a practical framework for trying mTBI cases that appear modest on paper—but contain significant verdict potential when properly developed.

If you want a concrete breakdown of how strategy, preparation, and disciplined storytelling produced a $12.1 million verdict, this session delivers it.