When host Michael Cowen and partner Sonia Rodriguez represented a high-earning tech executive who returned to work after a traumatic brain injury, they leaned on this strategy: “Trust the people that knew her before and after over any paid expert.” Compelling before-and-after stories, strategic witness testimony, and visual evidence helped Michael and Sonia demonstrate real damages—even when their client appeared to have “recovered” on the surface. The jury awarded $8.5 million for their client.
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Featured Guest
Name: Sonia Rodriguez
About: Sonia has represented only plaintiffs for nearly 20 years. She practices in the areas of personal injury trial and appellate law.
Company: Cowen | Rodriguez | Peacock
Connect: LinkedIn
Episode Highlights
[03:07] The Challenge: Managing a TBI case where the client is a high-earning tech executive who returned to work within six months after a moderate to severe injury.
[04:37] Before and After: Using friends and family as witnesses to paint a vivid picture of subtle cognitive changes that only those close to the client would notice.
[06:00] Work Context: Returning to work didn’t mean full recovery – their client still struggles with memory, requires extra notes, needs more breaks, and ends each day exhausted.
[07:31] It’s What She Lost: Demonstrating that the client’s cognitive abilities were exceptional before the injury, making even a drop to “above average” a significant loss.
[09:17] Alarming Anecdote: Highlighting powerful anecdotes, like when a friend described how the plaintiff could no longer identify tools while helping with home renovations.
[10:37] Visual Evidence: Creating clear graphs comparing medical visits before and after the injury to counter defense claims about pre-existing conditions.
[13:08] Prior Records: Contextualizing their client’s prior medical issues, rather than hiding from them, allowed Michael and Sonia to become “bringers of the truth.”
[17:55] Trusting the Jury: Believing jurors are good people who want to do the right thing helped Michael remain calm during challenging testimony.
[24:41] “We Had to Pivot”: Adapting when key evidence about prior incidents and OSHA regulations was excluded right before opening statements.
[29:34] Expert Witness Strategy: Allowing an overly talkative defense expert to reveal his bias through his non-responsive answers rather than objecting.
[38:36] Final Verdict: Securing a unanimous verdict with 90% liability on the defendant and an $8.5 million award after just 2.5 hours of deliberation.
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