1. EachPod

Keith Mitnik: TBI Trial Strategy Fundamentals

Author
Tom Crosley
Published
Tue 12 Aug 2025
Episode Link
https://crosleylaw.com/podcast/keith-mitnik-tbi-trial-strategy-fundamentals/

“People either step in and try them and don’t truly know the science and everything behind it, or they know the science in their sleep, but they don’t know how to track a case with it. And it takes both to do them right.”

Keith Mitnik

Strategic Insights from Renowned Trial Lawyer


In this episode, Tom sits down with renowned Florida trial lawyer Keith Mitnik, who has tried hundreds of cases across the country. Keith explains why successful TBI trial lawyers must master both courtroom skills AND scientific knowledge. He reveals why traditional trial skills alone aren’t enough. He discusses his unique approach to client preparation, the critical decisions about courtroom presence, and why the traditional trial playbook doesn’t work for TBI cases. Keith also introduces his innovative “stages of life” framework for explaining brain injury susceptibility to juries.


Key Takeaways


  • Why mild TBI cases are uniquely challenging and defense attorneys are happy to “invite you to court”
  • The critical difference between knowing trial skills versus knowing TBI science, (you need both)
  • Client preparation for TBI cases requires the opposite approach of other injury cases
  • Strategic decisions about client courtroom presence can make or break your case
  • Understanding brain injury susceptibility across different life stages provides powerful trial narrative

Stay Connected

Connect with Keith Mitnik on his website: https://www.keithmitnik.com

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