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

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

Program Details

2026-01-16 14:00:00

Program Details

2026-01-16 14:00:00

Over 1,000+ webinars

2026-01-16 14:00:00

Course Overview

Litigating Brain Injury Cases from Both Sides

2026-01-16 14:00:00

Participants will learn legal strategies and medical assessment techniques for building and challenging loss of function claims in brain injury litigation. These skills apply directly to discovery, expert coordination, damages valuation, and trial presentation.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Case Theory
Structure your case theory early with experts addressing causation, foreseeability, and damages.
02
Discovery Strategy
Obtain prior medical records, employment history, and social media to identify inconsistencies.
03
Expert Selection
Vet experts thoroughly by reviewing testimonial history and contacting attorneys who used them.
04
Life Care Plans
Coordinate physiatrists, life care planners, and economists to quantify future care costs.
05
Trial Presentation
Simplify medical terminology and use visual aids to help jurors understand functional losses.
06
Credibility
Maintain credibility by honestly addressing case weaknesses without overstating or underselling injuries.

Program schedule

clock 1:00 pm - 2:00 pm EST

Legal Strategies for Litigating Brain Injury Cases

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. KaplanRichard S. Kaplan
Peter LeGrandPeter LeGrand
clock 2:00 pm - 2:10 pm EST

Scheduled Break Between Learning Sessions

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. KaplanRichard S. Kaplan
Peter LeGrandPeter LeGrand
clock 2:10 pm - 3:10 pm EST

Medical Assessment for Measuring Brain Injury Loss

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. KaplanRichard S. Kaplan
Peter LeGrandPeter LeGrand
Richard S. Kaplan

Richard S. Kaplan

Kaplan Life Care Plan

Peter LeGrand

Peter LeGrand

Donohue Brown Smyth LLC

Richard S. Kaplan

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

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.
Richard S. Kaplan

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

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.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.4
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.0
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

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MCLE Credits

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Pending
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Approved
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Pending
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No Required
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Approved
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Pending
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Approved
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Approved
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Pending
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Pending
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Approved
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Pending
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Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

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  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs