“ Half of these guys are still calling it post-concussion syndrome and think you still need a loss of consciousness to have a brain injury.” – Steven Gursten

Welcome to Winning The TBI Case hosted by trial lawyer Tom Crosley. Listen each week 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.

When Settlement Offers Stay Stubbornly Low

In the conclusion of their two-part series, Tom continues his conversation with Michigan trial attorney Steven Gursten. They discuss tackling one of the most frustrating challenges in TBI litigation: getting cases settled for fair value when insurance companies consistently mis-evaluate them.

Steven shares the reasons why mild TBI cases demand a completely different playbook for both damages presentation and settlement strategy. He explains some of the proven tactics that catch defense lawyers off guard and lead to substantial settlements for his clients.

This insightful conversation explains why TBI cases are fundamentally all-or-nothing propositions and what you can do to stack the deck in your client’s favor.

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Whether you’re facing your first mediation on a brain injury case or looking to refine your approach, Steven’s systematic strategies offer practical wisdom for achieving results that reflect the true value of your client’s traumatic brain injury.

Key Takeaways

• Steven’s unconventional approach to presenting economic damages in TBI cases





• The Sponsorship Theory – A powerful negotiation strategy that leverages the defense’s own experts against them





• How regular communication with TBI clients helps prevent confusion, distrust, and doubt from creeping in when settlement offers come in low





• The creative deposition tactic that changes negotiation dynamics before mediation begins





• Why having a trial track record is essential for settlement leverage in TBI cases

Subscribe and Stay Connected

Connect directly with Steven Gursten: https://www.MichiganAutoLaw.com

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