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Plaintiff–Defense Brain Injury Litigation and the Measurement of Functional Loss: Medical Foundations, Expert Evidence, Trial Strategies

2026-01-16 14:00:00

2026-01-16 14:00:00

2 Credits

Expert strategies for litigating brain injury cases, covering discovery, expert witnesses, damages assessment, and trial tactics from both perspectives.

2026-01-16 14:00:00

Expert strategies for litigating brain injury cases, covering discovery, expert witnesses, damages assessment, and trial tactics from both perspectives.

2026-01-16 14:00:00

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Live stream programs

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Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

Key topics that will be covered

What will you learn

Attorneys will learn legal strategies for building and challenging loss of function claims, discovery approaches, expert witness tactics, and damages assessment in brain injury litigation.

What will you gain

Attorneys will gain practical skills for simplifying complex medical terminology for jurors, selecting credible experts, and effectively presenting functional deficits at trial and mediation.

Case Theory
Structure your case theory early with experts addressing causation, foreseeability, and damages.
Discovery Strategy
Obtain prior medical records, employment history, and social media to identify inconsistencies.
Expert Selection
Vet experts thoroughly by reviewing testimonial history and contacting attorneys who used them.
Life Care Plans
Coordinate physiatrists, life care planners, and economists to quantify future care costs.
Trial Presentation
Simplify medical terminology and use visual aids to help jurors understand functional losses.
Credibility
Maintain credibility by honestly addressing case weaknesses without overstating or underselling injuries.

What will you learn

Attorneys will learn legal strategies for building and challenging loss of function claims, discovery approaches, expert witness tactics, and damages assessment in brain injury litigation.

What will you gain

Attorneys will gain practical skills for simplifying complex medical terminology for jurors, selecting credible experts, and effectively presenting functional deficits at trial and mediation.

Agenda

Session 1

Legal Strategies for Litigating Brain Injury Cases

Break

Scheduled Break Between Learning Sessions

Session 2

Medical Assessment for Measuring Brain Injury Loss

clock 1:00 pm - 2:00 pm EST

Legal Strategies for Litigating Brain Injury Cases

Richard S. Kaplan

Kaplan Life Care Plan

Peter LeGrand

Donohue Brown Smyth LLC

This session covers building and challenging loss of function claims from both plaintiff and defense perspectives, including discovery strategies, expert witness tactics, and managing pre-existing conditions. Attorneys will learn how to translate functional deficits into persuasive damages models, leverage evidence in mediation, and develop effective trial strategies for presenting or undercutting brain injury claims to juries.

Richard S. Kaplan

Kaplan Life Care Plan

Peter LeGrand

Donohue Brown Smyth LLC

clock 2:00 pm - 2:10 pm EST

Scheduled Break Between Learning Sessions

Richard S. Kaplan

Kaplan Life Care Plan

Peter LeGrand

Donohue Brown Smyth LLC

A brief intermission allowing attendees to refresh before the second session. Use this time to review notes and prepare questions for the upcoming medical assessment discussion.

Richard S. Kaplan

Kaplan Life Care Plan

Peter LeGrand

Donohue Brown Smyth LLC

clock 2:10 pm - 3:10 pm EST

Medical Assessment for Measuring Brain Injury Loss

Richard S. Kaplan

Kaplan Life Care Plan

Peter LeGrand

Donohue Brown Smyth LLC

This session examines the physiatrist and life care planner’s role in quantifying functional loss across cognitive, physical, and emotional domains. Attendees will explore plaintiff strategies for establishing baseline decline and projecting future care costs, while also learning defense approaches for challenging causation, scrutinizing life care plan methodology, and crafting effective cross-examination themes.

Richard S. Kaplan

Kaplan Life Care Plan

Peter LeGrand

Donohue Brown Smyth LLC

01 03
Prev
Next

speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Richard S. Kaplan

Kaplan Life Care Plan

Peter LeGrand

Donohue Brown Smyth LLC

Richard S. Kaplan

Kaplan Life Care Plan

Richard S. Kaplan, M.D., is a physician specializing in physical medicine and rehabilitation and the founder of Kaplan Life Care Plan. With nearly 30 years in private practice, he has extensive experience treating patients with pain and physical disabilities in both inpatient and outpatient settings. He previously served for 15 years as Medical Director of acute inpatient rehabilitation at Uniontown Hospital in Pennsylvania. In addition to his clinical work, Dr. Kaplan has over 25 years of experience conducting forensic evaluations related to rehabilitation, including assessments of pain, disability, medical malpractice, and personal injury. He is also a certified life care planner with a subspecialty in life expectancy consultation and has contributed to professional education through teaching life care planning courses nationwide.

Education & Credentials

Richard S. Kaplan, M.D., earned his Bachelor of Science in Engineering Science and his Doctor of Medicine, with research distinction, from the University of Miami College of Engineering and the University of Miami School of Medicine in 1990. He completed an internship in internal medicine and a residency in physical medicine and rehabilitation at Mayo Clinic in Rochester, Minnesota. He became Board Certified in Physical Medicine and Rehabilitation in 1995, is licensed in 10 states, and is certified as a life care planner.

Recognition & Leadership

Richard S. Kaplan, M.D., has held leadership roles including serving as Medical Director of acute inpatient rehabilitation at Uniontown Hospital for 15 years. He is also recognized for his contributions to the field of life care planning, including teaching courses nationally through organizations such as SEAK and Strafford, and developing analytical tools and resources to support life care planning and life expectancy evaluations.

Professional Involvement

Richard S. Kaplan, M.D., is actively involved in forensic and educational work related to physical medicine and rehabilitation and life care planning. He has participated extensively in evaluations for plaintiffs, defendants, and neutral entities, including government bodies, and contributes to the professional community by teaching life care planning courses and advancing methodologies in life expectancy analysis.

Experience

Richard S. Kaplan, M.D., has nearly three decades of experience in physical medicine and rehabilitation, maintaining a continuous private practice while treating a broad range of pain and disability conditions. His experience includes 15 years as Medical Director of inpatient rehabilitation, as well as extensive outpatient care. For over 25 years, he has conducted forensic evaluations involving pain, disability, impairment, medical malpractice, and medical necessity. As a certified life care planner, he specializes in life expectancy consultation, supported by his development of software applications and databases and his use of a comprehensive library of peer-reviewed literature to analyze complex cases.

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Exclusive Partner Webinars & Events
Special credits (Ethics, Elimination
of Bias, etc.)
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Why Attend

Why this 
program matters

Understanding brain injury litigation strategies and medical assessment is essential because these cases involve complex medical-legal intersections requiring coordinated expert testimony and life care planning to accurately quantify functional losses.
$40B+
Annual healthcare cost attributable to non-fatal traumatic brain injuries in the United States, demonstrating the massive economic burden these cases represent.
69k+
TBI-related deaths occurred in the United States in 2021, averaging approximately 190 deaths per day from these injuries.
5.3M
Americans currently live with long-term disability resulting from traumatic brain injury, requiring ongoing care and support services.
$3M+
Lifetime treatment costs for severe traumatic brain injury cases, encompassing medical care, rehabilitation, and long-term support needs.

Richard S. Kaplan

Kaplan Life Care Plan

Richard S. Kaplan, M.D., is a physician specializing in physical medicine and rehabilitation and the founder of Kaplan Life Care Plan. With nearly 30 years in private practice, he has extensive experience treating patients with pain and physical disabilities in both inpatient and outpatient settings. He previously served for 15 years as Medical Director of acute inpatient rehabilitation at Uniontown Hospital in Pennsylvania. In addition to his clinical work, Dr. Kaplan has over 25 years of experience conducting forensic evaluations related to rehabilitation, including assessments of pain, disability, medical malpractice, and personal injury. He is also a certified life care planner with a subspecialty in life expectancy consultation and has contributed to professional education through teaching life care planning courses nationwide.

Education & Credentials

Richard S. Kaplan, M.D., earned his Bachelor of Science in Engineering Science and his Doctor of Medicine, with research distinction, from the University of Miami College of Engineering and the University of Miami School of Medicine in 1990. He completed an internship in internal medicine and a residency in physical medicine and rehabilitation at Mayo Clinic in Rochester, Minnesota. He became Board Certified in Physical Medicine and Rehabilitation in 1995, is licensed in 10 states, and is certified as a life care planner.

Recognition & Leadership

Richard S. Kaplan, M.D., has held leadership roles including serving as Medical Director of acute inpatient rehabilitation at Uniontown Hospital for 15 years. He is also recognized for his contributions to the field of life care planning, including teaching courses nationally through organizations such as SEAK and Strafford, and developing analytical tools and resources to support life care planning and life expectancy evaluations.

Professional Involvement

Richard S. Kaplan, M.D., is actively involved in forensic and educational work related to physical medicine and rehabilitation and life care planning. He has participated extensively in evaluations for plaintiffs, defendants, and neutral entities, including government bodies, and contributes to the professional community by teaching life care planning courses and advancing methodologies in life expectancy analysis.

Experience

Richard S. Kaplan, M.D., has nearly three decades of experience in physical medicine and rehabilitation, maintaining a continuous private practice while treating a broad range of pain and disability conditions. His experience includes 15 years as Medical Director of inpatient rehabilitation, as well as extensive outpatient care. For over 25 years, he has conducted forensic evaluations involving pain, disability, impairment, medical malpractice, and medical necessity. As a certified life care planner, he specializes in life expectancy consultation, supported by his development of software applications and databases and his use of a comprehensive library of peer-reviewed literature to analyze complex cases.

Peter LeGrand

Donohue Brown Smyth LLC

Peter LeGrand is an attorney at Donohue Brown Smyth LLC whose practice focuses on professional liability litigation, with a particular emphasis on defending healthcare professionals. While primarily practicing in Illinois, he has participated in healthcare professional liability litigation across the country. He has significant trial experience, having taken multiple jury trials to verdict, including cases involving emergency medicine professionals. Peter combines strong academic credentials with practical litigation experience, bringing a focused and results-driven approach to complex defense matters.

Education & Credentials

Peter LeGrand graduated magna cum laude from the University of Illinois College of Law in 2018 and previously earned his undergraduate degree magna cum laude from the University of Missouri in 2014. His academic work includes publication of his article, The Potential Unconstitutionality of the Consumer Financial Protection Board and its Ramifications for the Elderly, in the Elder Law Journal.

Recognition & Leadership

Peter LeGrand has distinguished himself academically by graduating magna cum laude from both his undergraduate institution and law school. His published work in the Elder Law Journal reflects his scholarly contribution to legal analysis consumer financial regulation and its implications.

Professional Involvement

Peter LeGrand is actively engaged in professional liability litigation, particularly in the defense of healthcare professionals. His involvement includes participating in cases across multiple jurisdictions and contributing to the legal field through his published scholarship.

Experience

Peter LeGrand’s experience centers on defending healthcare professionals in professional liability litigation. He primarily practices in Illinois but has been involved in litigation nationwide, representing clients in complex healthcare-related matters. His experience includes trying multiple jury trials to verdict, including cases involving emergency medicine professionals, demonstrating his capability in high-stakes litigation and courtroom advocacy.

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