The Power of Before-and-After Witnesses

“Jurors may forget expert testimony… But they’ll never forget a story that moved them, especially a story from an independent witness that has nothing to gain. That is the power of a before-and-after witness.” – Tom Crosley

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.

From Clinical Evidence to Compelling Stories

While expert witnesses prove a traumatic brain injury exists, the before-and-after witnesses prove how it matters. In this episode, Tom explains why these witnesses serve a fundamentally different role in TBI cases than in other injury claims. Learn why emotional authenticity beats polished performance. Understand how to sequence these testimonies for maximum courtroom impact. Tom shares real trial examples and why jurors may forget expert testimony but will not forget a story that moved them. These before-and-after witnesses don’t just show impact, they prove the injury exists.

Key Takeaways

• The systematic approach to finding and vetting witnesses to select your most compelling and strongest stories
• The three essential rules: make it visual, keep it short, and use emotion authentically
• Why diversity of witness perspectives creates a complete picture of life changes
• How props can help witnesses tell unforgettable stories
• Why before-and-after witnesses establish the reality of the “invisible injury”

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