Arkady Frekhtman

The Invisible Injury Case: Winning a Slip-and-Fall Trial with Traumatic Brain Injury

Join trial attorney Arkady Frekhtman as he breaks down the powerful premises-liability and traumatic brain injury case of Coghiel v. 2066 Morris Avenue Housing Development Fund Corp., a Bronx jury trial involving a devastating brain injury caused by a landlord’s failure to repair a known plumbing defect. Learn how a proper trial work turned a $150,000 final offer into a $3,100,000 settlement before jury selection.

This case centers on a single mother living in subsidized housing whose life was permanently changed when she slipped on water leaking from a broken pipe under her kitchen sink—an unsafe condition that had already been documented in inspection reports weeks before the incident. When Sandrene fell, she struck her head on the floor and lost consciousness, triggering a traumatic brain injury that would leave her with permanent cognitive, neurological, and psychological impairments.

The case presents critical trial issues that arise in many catastrophic injury cases: proving an “invisible” brain injury, confronting defense claims of exaggeration or pre-existing psychological conditions, and helping jurors understand how a person can look physically normal while suffering profound neurological damage.

Learn how plaintiff’s counsel structured the case from intake through trial, using strategic storytelling, community witnesses, and advanced medical imaging to show how a preventable housing hazard destroyed the independence of a young mother and changed the trajectory of her family’s life.

Through authentic communication with jurors and clear explanations of complex brain science, the trial focused on the human consequences of traumatic brain injury—memory loss, cognitive decline, balance problems, emotional dysregulation, and the devastating impact on Sandrene’s ability to care for her autistic son.

This session explores how to present a compelling narrative in cases where the injury is largely microscopic and invisible to the naked eye, while also addressing defense themes related to pre-existing conditions, psychological history, and negative imaging studies.

Real trial. Real trauma. Real accountability.

Arkady will walk through the major turning points in the case, including:

  1. Establishing Liability Against the LandlordHow inspection reports and maintenance failures proved defendants had notice of a dangerous plumbing leak weeks before the fall that caused the traumatic brain injury.
  2. Explaining the “Invisible Injury” to JurorsTeaching jurors how traumatic brain injury can exist even when MRIs initially appear normal, using advanced imaging such as DTI, NeuroQuant, and neuropsychological testing to show microscopic brain damage and cognitive decline.
  3. Humanizing the Plaintiff’s LossDemonstrating the profound transformation from an independent working mother and entrepreneur into a person struggling with memory loss, headaches, dizziness, involuntary movements, and severe cognitive impairment.
  4. Confronting Defense ThemesAddressing claims of pre-existing depression, prior injuries, and malingering while reinforcing the consistent medical documentation linking the fall to Sandrene’s long-term neurological deficits.
  5. Voir Dire on Invisible Injury and Large DamagesHaving honest conversations with jurors about brain injuries that cannot be seen from the outside, the responsibility of jurors to value human losses, and the role of money damages in civil justice.
  6. Using Medical Timelines and Visual DemonstrativesPresenting nine years of neurological treatment, rehabilitation, and cognitive therapy through clear visuals to illustrate the lifelong consequences of traumatic brain injury.
  7. Framing Human DamagesShowing the ripple effects of the injury on Sandrene’s identity, independence, and relationship with her autistic son—transforming a caregiver into someone who now needs care herself.

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