3 Tactics Used by Defense Lawyers to Combat TBI

Posted By: Tony Baratta | June 21st, 2020

I’m Tony Baratta. Today, I wanted to discuss some common tactics that are used by defense attorneys to try to defeat your claim for personal injuries caused by a brain injury.


A client case

I represented one particular client. He was sitting in his pickup truck at a red traffic light, when suddenly, he was rear-ended by a box truck that weighed about 25,000 pounds, traveling at about 35 miles per hour. He was hospitalized, suffered lacerations to his head, was knocked unconscious and had a traumatic brain injury that continued to plague him for years after the accident.

You would think that under such a circumstance, the defense would be willing to compensate this person fairly. But keep in mind that trucking companies and other drivers are represented by insurance companies, and insurance companies are in the business to make money.


Insurance companies’ strategies

They’re not paying for Super Bowl commercials because they are not making money. Instead, they’re denying claims when they can or minimizing them to the extent possible. And here are some of the tactics defense lawyers use to try to minimize your brain injury.


They’ll scrutinize your medical history

First, they’ll make sure they get every single one of your medical records for your entire medical history. Then they’ll hire doctors to scrutinize those records. They’ll try to come up with some explanation as to why you had the problems that you have now due to some other condition unrelated to the motor vehicle wreck.

Or maybe they’ll find some record of treatment after the fact or some event after the fact and say this is the reason why you’re having these ongoing symptoms.


They argue that your injury should have healed

Another tactic that defense lawyers use is that they will try to suggest that you did have an injury, but it should have healed. After all, a large percentage of people who suffer a brain injury do get better. And because you don’t fall into that category of people who have gotten better, you must not be truthful.

Therefore, this is a second tactic that they’ll use. And they’ll corroborate that tactic with defense experts who will examine you, and say, “You don’t have anything other than… You don’t have a brain injury, what you have is a psychological injury.” They claim that this is all in your head.


They’ll call you a liar

The third thing that the defense lawyers will do is to come out and call you an out-and-out liar. They’ll have you tested, maybe neuropsychologically, and say that you’re malingering. They say that you really don’t have the symptoms that you claim you’re having and you’re doing it for financial gain.

Of course, you should not worry about any of these defense tactics because you are hurt. Your injuries are real, and you have hired the right lawyer to help combat these common defense tactics. My name is Tony Baratta, and I hope that this has been helpful to you.


About the Author

Anthony J. Baratta (Tony) is a trial attorney. He has tried more than 50 cases to Juries in State and Federal Courts and has litigated thousands of personal injury and medical malpractice cases in his 30-year career. Tony is the founding partner of Baratta, Russell, & Baratta and an active board member of the Pennsylvania Brain Injury Association (BPIA). Tony is also on the board for the Philadelphia VIP and performs pro bono work for the Laurel House, a non-profit for victims of domestic abuse. In addition, Tony is a member of the Million Dollar Advocates Forum for trial attorneys, voted one of Philadelphia’s Super Lawyers for the past 14 years, and a 2018 recipient of the First Judicial District Pro Bono Award for the Civil Trial Division.

Tell us About Your Problem Our Attorneys are Ready to Help

  • Please be advised that submitting this information does not create an attorney client relationship and the information you share may not be confidential due to its transmission in this manner.
  • This field is for validation purposes and should be left unchanged.

We are Your Center City Law Firm Right Outside the City

We are “Center City” lawyers without the hassle of Center City. Located right outside the city of Philadelphia in Huntingdon Valley, PA, our office is accessible from all directions. We are wheel chair accessible with free parking and an elevator.

Baratta, Russell & Baratta

Huntingdon Valley
3500 Reading Way
Huntingdon Valley, PA 19006

1000 N. Providence Rd.
Media, PA 19063


Get Directions

Phone: 215-914-2222
Fax: 215-914-2118