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Maximizing brain injury cases for settlement and trial

September 25, 2014 by Steven M. Gursten

Steve Gursten presenting at 360 Advocacy Institute “Auto Crash Litigation 3.0” legal seminar in Chicago

Attorney Steven Gursten

Next week, I’ll be moderating and speaking at a cutting-edge legal seminar called “Auto Crash Litigation 3.0.” It’s all about teaching lawyers how to increase the settlement value of cases that most injury lawyers today undervalue and settle short. My goal for the program is to help lawyers who take on the important role of advocating for auto accident victims, in an age where insurance companies and settlement claims processing programs are hurting tens of thousands of victims every year.

The two-day legal seminar runs next week, September 28-29  at the InterContinental Hotel in Chicago. You can read more about  the seminar, presented by the 360 Advocacy Institute, here.

I’ll be presenting both days of the conference. My first topic is, “Teaching Attorneys How to Develop a Cutting Edge Auto Accident Legal Practice in the 21st Century.” My second topic is called “Maximizing Damages in the Brain Injury Case.”

This isn’t really about teaching lawyers how to get big settlements for brain injury cases. Rather, it’s about understanding the medicine of brain injury, and better understanding your client’s challenges so we can help these people with compassion and care. And it’s about proving these difficult injury cases to defense attorneys, insurance adjusters and juries.

A brain injury isn’t like other more common car accident injuries. People with brain injury often look and talk “normal.” But under the surface, an array of very serious cognitive and behavioral problems are taking place, and the impact of the lives of these people can be devastating.

During my presentation, I will focus on new technology that can help prove brain injury, when common diagnostic imaging tests like MRIs and CT scans may not show the actual injury. One example of new technology is Diffusion Tensor Imaging (DTI).  DTI is an imaging scan that helps assess traumatic brain injuries and closed head injuries. To be more specific, DTI is an MRI (magnetic resonance imaging) that measures the way water moves in several directions through the brain’s white matter.

It’s also important for attorneys to know that with TBI often comes other injuries, such as chronic pain, fatigue, depression and anxiety.  The role that these other injuries play and the vicious interplay between TBI and fatigue and pain and depression must be understood by attorneys, so it can be properly conveyed to insurance companies and juries.  Only then can an attorney be able to obtain fair and full legal compensation for the survivors of serious traumatic brain injury.

The 360 Advocacy Institute is a group that hosts legal conferences and seminars for injury plaintiff lawyers. This advanced auto accident seminar was created in response to the new pressure tactics of the insurance industry, and to fill the vacuum in education and medical knowledge that exists among too many in the legal profession. This special advanced legal seminar has only one goal: Teaching lawyers how to better litigate motor vehicle accident cases.

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