Episode

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.

Michael and Malorie welcome listener questions for a new “Ask Michael and Malorie Anything” feature. To submit a question, email Michael.

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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In this popular and award-winning podcast for trial lawyers, noteworthy author, sought-after speaker, and renowned trial lawyer, Michael Cowen explores critical topics distinctive to the legal profession with some of the biggest names in the industry – specifically focused on developing extremely efficient law practices, securing a competitive edge in the industry, and wildly excelling in the courtroom.

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These cases are “righteous,” explains host Michael Cowen, “because when a tractor trailer is backing across the roadway, it is very difficult for oncoming traffic to see the trailer in time to stop.” He and trial partner Laura Pazin Porter recently resolved just such a case, in which their clients’ father died after striking an 18-wheeler that was backing across a highway at night. Laura describes how she established trust with the grieving family members, and Michael reveals how he channeled his “Just Keep Swimming” mantra during adverse rulings. Together, they achieved a confidential settlement right before closing arguments.

Michael and Malorie welcome listener questions for a new “Ask Michael and Malorie Anything” feature. To submit a question, email Michael.

Featured Guest

Name: Laura Pazin Porter

About: Laura has over 20 years of experience in civil litigation, complex litigation, civil trial, and appellate law. She has participated in cases across multiple states and has been recognized as a “Texas Rising Star” by Thomson Reuters.

Company: Cowen Rodriguez Peacock

Connect: LinkedIn

Episode Highlights 

[02:52] Fatal Trucking Crash – Laura describes the wrongful death case in which their clients’ father died after striking an 18-wheeler that backed across a highway at night, blocking all lanes.

[05:08] Placing Blame – The investigating officer blamed their client without conducting a proper reconstruction or considering visibility issues, creating an uphill battle from the start.

[08:22] On-Scene Witnesses – They provided crucial evidence about the facts of the crash, what could be seen, and what could not be seen..

[12:07] Seeing Is Believing – Michael explains their goal in meticulously recreating the exact crash conditions, although the judge ultimately excluded the compelling visual evidence.

[17:15] Challenging Jury Selection – Laura describes how they handled a “rough crowd” who initially called the case a “money grab” before ultimately securing a favorable jury.

[21:04] Psychological Perspective – A psychologist offered important insight on grief and loss, which bolstered the team’s mental anguish claim.

[29:58] “Magical” Examination – Michael describes Laura’s direct examination of the grieving sons as “the most magical experience I’ve ever had in the courtroom.”

[39:43] Emotional Rollercoaster – “As much as you never know for sure, I did really feel like we were winning that case,” Michael says of settlement discussions. 

[40:38] Not Just Money: Ultimately, their clients agreed to a settlement in which the trucking company agreed to make a change that could save future lives. “We did something that I’m super proud of that wasn’t just money in this case,” Michael says.

Connect with Trial Lawyer Nation

☑️ Follow us on X, Facebook, Instagram, and LinkedIn.

☑️ Subscribe to Trial Lawyer Nation on Apple Podcasts, Spotify, or YouTube.

In this popular and award-winning podcast for trial lawyers, noteworthy author, sought-after speaker, and renowned trial lawyer, Michael Cowen explores critical topics distinctive to the legal profession with some of the biggest names in the industry – specifically focused on developing extremely efficient law practices, securing a competitive edge in the industry, and wildly excelling in the courtroom.

Produced and Powered by LawPods