What a closing statement does in your TBI case
A closing statement is the final note your lawyer has to speak directly to a judge or jury before they decide whether you win your case and how much money you receive. It is not new evidence or legal argument — it is a summary of everything that has already been presented, shaped to show why the facts support your claim. Your lawyer will remind the court what injuries you suffered, what your life looks like now, what the medical evidence shows, and why the defendant is responsible for paying you.
The closing statement matters because jurors and judges hear dozens of cases. This is your lawyer's moment to make sure they remember the specific details of your injury, your treatment, and your losses — not just the general outline. A strong closing ties together the medical records, your testimony, witness statements, and financial documents into one clear story about what happened to you and what it has cost.
In most TBI cases, the defendant's lawyer also gives a closing statement right after yours, so you will hear both sides make their final pitch. The judge or jury then goes to decide the case based on everything they have heard.
Key Takeaways
- A closing statement summarizes the evidence already presented and explains why it supports your claim for damages, but does not introduce new information.
- Your lawyer will walk through your injury, medical treatment, current symptoms, lost income, and future care needs to show the full scope of what the defendant caused.
- The defendant's lawyer gives a closing statement when ready after yours, so expect to hear their version of the facts and why they say you should not win.
- The judge or jury makes their decision based on the closing statements and all the evidence presented during the trial, not on anything said afterward.
- What your lawyer says in closing can influence how much money a jury awards, even if liability is already clear.
What your lawyer will cover in the closing statement
Your lawyer will start by walking through the facts of how your injury happened — when, where, and what the defendant did or failed to do. They will connect those facts to the legal standard the court is using (usually "negligence" or "breach of duty"), showing that the defendant owed you a duty of care and broke it.
Next, they will review the medical evidence: the initial diagnosis, imaging results, treatment records, and the opinions of your doctors about what the injury caused. They will remind the court of your testimony about your symptoms — the headaches, memory problems, balance issues, mood changes, or whatever you experience — and connect those symptoms to the medical findings. If the defendant's medical informed disagreed with your doctors, your lawyer will explain why your medical team's opinion is more credible.
Then your lawyer will address damages — the money you are asking for. They will list your past medical bills and rehabilitation costs, your lost wages if you missed work or had to leave a job, and your future care needs based on your doctors' recommendations. They will also discuss non-economic damages: pain and suffering, loss of enjoyment of life, cognitive changes, and how the injury has affected your relationships and daily functioning. This is where your lawyer connects the medical facts to the human reality of living with a TBI.
How the defendant's closing statement will challenge yours
The defendant's lawyer will argue that either the defendant was not responsible for your injury, or that your injuries and losses are not as severe as you claim. They may say the accident was your fault, or that someone else caused it. They may argue that your current symptoms come from a pre-existing condition, not from the accident. They may question whether your medical treatment was necessary, or suggest that you have recovered more than you are claiming.
The defendant's lawyer will also scrutinize your damages claim — challenging the amount of your medical bills, suggesting you could have returned to work sooner, or arguing that your future care costs are speculative. They may point out inconsistencies in your testimony or suggest that your doctors are biased because you hired them.
You will hear this closing statement in real time, and it can be difficult to listen to someone argue against your claim. Remember that this is a normal part of the process, and the judge or jury has heard both sides before they decide.
The difference between liability and damages in closing
Your lawyer's closing statement addresses two separate questions: Did the defendant cause your injury (liability), and how much money should you receive (damages)? Some cases are clear on liability but disputed on damages — the defendant admits they hit you, but argues your injuries are minor. Other cases are disputed on both.
If liability is already established — for example, the defendant ran a red light and hit you — your lawyer's closing will focus heavily on damages: making sure the jury understands the full scope of your injury and why the amount you are asking for is reasonable. If liability is contested, your lawyer will spend more time on the facts of the accident and the evidence that the defendant was at fault.
The judge will instruct the jury on the legal standard they must use to decide liability (usually "preponderance of the evidence," meaning more likely than not). Your lawyer's closing statement will remind them of that standard and show how the evidence meets it.
What happens after closing statements
After both lawyers finish their closing statements, the judge will give the jury instructions on the law — explaining what they must find in order to award you money, what damages they can award, and how to calculate them. The jury then goes to a private room to discuss the case and reach a verdict. This can take anywhere from a few hours to several days, depending on how complex the case is and how much the jurors disagree.
If you win, the jury will state the amount of money the defendant must pay you. If you lose, you may have the option to appeal, though appeals are difficult and expensive. Your lawyer will explain your options if the verdict does not go your way.
In some cases, the judge decides the case instead of a jury (called a "bench trial"). The process is the same — closing statements, then the judge's decision — but there is no jury instruction phase.
How your testimony connects to the closing statement
During the trial, you testified about your injury, your symptoms, and how the injury has changed your life. Your lawyer's closing statement will refer back to specific things you said — your description of the pain, your account of missing work, your explanation of why you cannot do activities you used to do. This is how your words become part of the legal argument.
Your lawyer may also reference testimony from family members, friends, or coworkers who described changes they have noticed in you since the injury. These observations support the claim that your injury is real and significant, not exaggerated.
If you were cross-examined by the defendant's lawyer and gave answers that help your case, your lawyer will remind the jury of those answers. If you gave answers that hurt your case, your lawyer will try to put them in context or explain why they do not change the overall picture.
Why the amount of money you ask for matters in closing
Your lawyer will present a specific number — the total damages you are seeking. This number should be based on your actual losses: medical bills, lost wages, and a reasonable estimate of future care. Your lawyer will explain how they arrived at that number, breaking it down by category so the jury understands what each part covers.
The jury is not required to award the exact amount you ask for. They may award more, less, or nothing. But the number your lawyer presents anchors the discussion — it tells the jury what you believe your case is worth and forces them to think about whether they agree. If your lawyer asks for a number that seems unreasonable compared to the evidence, the jury may discount the entire claim. If the number is well-supported by medical records and informed testimony, the jury is more likely to award something close to it.
Some lawyers present a range rather than a single number, or they present the damages broken down by category and let the jury add them up. Your lawyer will decide the best strategy based on your case and the jury.
Questions to ask your lawyer before closing statements
Before the closing statement happens, ask your lawyer what they plan to emphasize and what they think the jury's main concerns are. Ask what the defendant's lawyer is likely to argue and how your lawyer will respond. Ask what number your lawyer is asking for and why — what does it include, and how was it calculated?
Ask whether you should sit in a particular way or show emotion during the closing statement, or whether you should remain neutral. Ask what happens if the jury asks questions during deliberation, and whether your lawyer can answer them. Ask what the timeline is for the verdict and what you should expect to feel while you wait.
If you are nervous about hearing the defendant's closing statement, tell your lawyer. They can prepare you for the arguments you will hear and remind you that the jury has not decided yet.
Frequently Asked Questions
Can my lawyer introduce new evidence during the closing statement?
No. The closing statement can only refer to evidence that was already presented during the trial — testimony, documents, medical records, photographs, or informed opinions. If your lawyer tries to introduce something new, the judge will stop them. This is why it matters what evidence your lawyer presents before closing — closing is the argument about that evidence, not the time to add more.
What if I disagree with what my lawyer says in the closing statement?
Tell your lawyer before the trial starts, or during a break if something comes up. Your lawyer is required to represent your interests, but they also have a duty to the court not to make false statements. If you have a genuine disagreement about strategy, discuss it with your lawyer, but understand that they have experience with what works in front of a jury and what does not.
Can the jury ask questions during the closing statement?
This varies by judge and jurisdiction. Some judges allow jurors to submit written questions that the judge may ask the lawyers to address. Most judges do not allow interruptions during closing. Your lawyer will know the judge's rules and can tell you what to expect.
What if the jury awards less money than my lawyer asked for?
This happens often. Juries may believe your injury is real but disagree about the dollar value, or they may think some of your damages are not proven. If the award is significantly lower than expected, your lawyer can discuss whether an appeal is possible, though appeals are difficult and expensive. In some cases, you can also ask the judge to reduce or increase the award if they believe the jury's decision was unreasonable.
How long does the jury take to decide after closing statements?
There is no set timeline. Some juries decide in a few hours, others take days. The length of deliberation does not predict the outcome — a quick verdict can go either way, and a long deliberation can too. Your lawyer will tell you to expect to wait and to avoid reading too much into how long it takes.