TBI Degree Labels

Strategies to neutralize use of TBI labels by defense to reduce or deny your client's damages

What You Will Learn

Understand the mild, moderate, and severe assessment as a clinical triage scale measuring how the injury first presented rather than how much harm is caused
How a “mild” TBI can be catastrophic while a “severe” injury resolves, because damages track functional impairment and proof rather than the label
How the defense’s line of attack shifts the fight toward apportionment and damages or provoking a challenge to whether a brain injury exists depending on the severity label
Neutralize the “mild” label by recontextualizing medical records, reframing terminology for the jury, and building the functional-loss narrative that the severity label obscures

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What You Will Learn

Understand the mild, moderate, and severe assessment as a clinical triage scale measuring how the injury first presented rather than how much harm is caused
How a “mild” TBI can be catastrophic while a “severe” injury resolves, because damages track functional impairment and proof rather than the label
How the defense’s line of attack shifts the fight toward apportionment and damages or provoking a challenge to whether a brain injury exists depending on the severity label
Neutralize the “mild” label by recontextualizing medical records, reframing terminology for the jury, and building the functional-loss narrative that the severity label obscures

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Price

$79 for Plaintiff Attorney Members
$99 for Plaintiff Attorney Non-Members

75 minutes

Date Published

July 14, 2026

Publisher

Consumer Attorneys of California

Subjects

Brain Injuries

Questions

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Summary

Traumatic brain injury cases are won or lost based on knowing what fight you’re in.

“Mild” and “severe” traumatic brain injuries are not two different points on a spectrum. Classifying a traumatic brain injury as mild, moderate, or severe does not describe how much harm was ultimately caused to your client. Rather, it is a clinical triage assessment measuring how the injury first presented, based on the Glasgow Coma Scale, loss of consciousness, and post-traumatic amnesia. It does not measure the long-term damage to your client.

The defense understands this divide and uses the “mild,” “moderate,” and “severe” labels to fight on the ground that favors them. With a severe injury and clear imaging, the existence of harm is rarely contested. The real war is over apportionment and value. With a mild injury and normal scans, the war is fought over whether there is any injury at all

In this webinar, Taylor Ernst breaks down what the TBI degree labels actually measure, why the severity label rarely tracks case value, and how to recognize which fight you are in so you know how to wage the battle.

SWOD-28223

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Presenters

Taylor Ernst, Esq.

Taylor Ernst has established himself as a preeminent authority in traumatic brain injury (TBI) litigation, earning... Read More

Program Titles and Supporting Materials

This program contains the following components:

Media Files

TBI Degree Labels - Video

Downloadable Files

TBI Degree Labels - Slide Handout

Traumatic Brain Injury-Severity Classification - Handout

Credit

If applicable, you may obtain credit in multiple jurisdictions simultaneously for this program (see pending/approved list below). If electing credit for this program, registrants in jurisdictions not listed below will receive a Certificate of Completion that may or may not meet credit requirements in other jurisdictions. Where applicable, credit will be only awarded to a paid registrant completing all the requirements of the program as determined by the selected accreditation authority.

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How to Attend

Join the self-paced program from your office, home, or hotel room using a computer and high speed internet connection. You may start and stop the program at your convenience, continue where you left off, and review supporting materials as often as you like. Please note: Internet Explorer is no longer a supported browser. We recommend using Google Chrome, Mozilla Firefox or Safari for best results.

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