The Definitive Guide
To TBI Litigation

This isn’t another practice guide. The Ernst Way lays out a passionate and strategic framework for modern traumatic brain injury (TBI) litigation, contrasting outdated “check-the-box” legal methods with a more holistic, truth-driven approach. Author Taylor Ernst recounts his journey from seeing the failures of traditional TBI representation to developing a new model centered on proving impairment—how a brain injury reshapes a client’s life—rather than merely proving the injury’s existence.

The book is a culmination of years of notes, case studies, and mentorships distilled into actionable frameworks for plaintiff lawyers, detailing chapters that teach how to evaluate cases, gather and focus medical evidence, and reveal truth in the courtroom.

“The Ernst Method,” introduces the guiding philosophy behind Taylor Ernst’s approach to traumatic brain injury (TBI) litigation: uncovering truth rather than merely proving injury. The book dismantles the over reliance on MRIs and expert battles, instead presenting a hierarchy of evidence culminating in “Level 3” truth—objective proof intertwined with human authenticity. Ernst explains how activities of daily living (ADLs and IADLs) form concrete evidence of impairment and how exposing these truths creates leverage against the defense. Through principles like “lifetime care or trial,” Ernst urges lawyers to build “dangerous” cases by investing deeply in medical knowledge, client credibility, and firm reputation—turning integrity and preparation into the ultimate source of power in TBI litigation.

Learn how to determine whether a traumatic brain injury (TBI) case is worth pursuing by combining rigorous vetting systems with human intuition. Learn the evaluation formula that scores liability, damages, and collectability to ensure strategic resource allocation. Through tools like the Altered Mental State Questionnaire, TBI Symptom Checklist, and ADL/IADL (Activities of Daily Living) forms, Ernst shows how to translate medical facts into proof of real-life impairment. The book positions systematic intake and moral clarity as the foundation of effective advocacy—urging lawyers to adopt transparent, replicable systems that elevate both justice and the profession.

Learn how to transform facts into persuasive, human-centered narratives that move judges, juries, and opposing counsel. The book shows how ethics build reputation, leverage, and trust, turning honesty into strategic power. Ernst presents multiple frameworks—the 4-Step Storytelling Framework, Ignored Alarms, Accountability Puzzle, Broken Trust, Aftermath Story, Fighting Forward, and Who They Were—each designed to reveal different layers of truth through structure and empathy. Learn how to build redundancy, credibility, and emotional connection so that jurors not only understand but feel the case.