1. EachPod

Keith Mitnik: Advanced TBI Case Strategies

Author
Tom Crosley
Published
Tue 19 Aug 2025
Episode Link
https://crosleylaw.com/podcast/keith-mitnik-advanced-tbi-case-strategies/


 I think the absolute most important thing you can do as a lawyer to facilitate getting a fair number for your client is to speak from your heart with integrity and mean it.” – Keith Mitnik


Welcome to Winning The TBI Case hosted by trial lawyer Tom Crosley. Join Tom each week as he 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 their clients.


Mastering the Money Conversation


In this second part of our conversation with Keith Mitnik, we dive deeper into the psychology of damages in TBI cases. Keith reveals how he navigates presenting medicals bills to jurors in a mild TBI case. He explains his philosophy of speaking from the heart rather than using anchoring techniques when it comes to damages. Tom shares his own early career lesson about the power of telling juries exactly what you want. This series concludes with Keith’s advanced tactics for destroying defense experts before they even take the stand.


Key Takeaways


  • How to handle minimal medical bills in TBI cases
  • The psychology behind asking for what you actually mean vs. artificially anchoring strategies
  • How to identify jurors who are “pre-wired for suspicion”
  • Expert witness tactics and why Keith’s best cross-examination happens in the opening statement
  • The differences between severe and mild TBI cases when it comes to damage presentation

Stay Connected

Connect with Keith Mitnik directly: https://www.keithmitnik.com

Are you ready to take your TBI practice to the next level? Subscribe to our Winning The TBI Case newsletter at www.crosleylaw.com/podcast for exclusive case studies, resources, and trial strategies you won’t hear anywhere else. 

Join our community of trial lawyers who refuse to settle for average results. Subscribe to Winning The TBI Case on Apple PodcastsSpotifyYouTube or wherever you get your podcasts. And remember, don’t just listen to the strategies, implement them!

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