Like many times before, an insurance company received a claim against one of its clients. A 35-year-old man with one of their policies blew through an intersection and T-boned a delivery driver. The elderly driver’s insurance policy only had a $45,000 limit. So, when the delivery driver sought damages for a traumatic brain injury, the insurance company refused to compensate. Edward Le of Le & Kittleson, Personal Injury Attorneys represented the delivery driver, attaining a judgment 66 times higher than what the insurance company offered.
The collision caught the delivery driver entirely off guard. He was blindsided, unable to brace himself. At the scene, his confused and distressed state was a red flag to first responders that he could have a traumatic brain injury. After being rushed to the hospital, the delivery driver was diagnosed with a scalp hematoma and a suspected mild to moderate traumatic brain injury. However, the initial CT and MRI scans performed at the hospital presented no apparent intracranial abnormalities. Shortly after the accident, though, the delivery driver began exhibiting altered behaviors. The changes were significant enough that his family sought legal representation to fight for adequate compensation covering his medical bills and ongoing trauma.
The case initially faced strong resistance from the Defense, which leaned heavily on the medical scans right after the collision to argue against serious brain injury. Recognizing the need for a more aggressive legal approach, the representing attorney referred the case to Edward Le, founding partner of Le & Kittleson, Personal Injury Attorneys.
Upon taking over the case, Edward and his firm enlisted a neurologist, neuro-radiologist, and speech pathologist, each of whom evaluated the Plaintiff. The treating neurologist and neuro-radiologist used sophisticated neuroimaging techniques like diffusion MRIs, NeuroQuant MRIs, and PET scans. They uncovered bilateral and hemispheric atrophy in the Plaintiff’s brain. In addition, the speech pathologist’s assessment lined up with the damage found by the radiological data.
Edward had a strong case, but so did the Defense. The neuroimages alone were not compelling, and the Defense could counter-argue them with the initial CT and MRI reports. Edward needed to compile his information into a 3D visual presentation that could show the results of his neuro-experts and the correlation with the speech pathologist’s diagnosis. Edward contacted DK Global to expertly compile all the data into a visual presentation that could effectively explain the damage the driver sustained.
The presentation centered around a realistic 3D model of the delivery driver. The visuals began by showcasing superimposed imagery of the nasal fracture and front scalp hematoma, injuries revealed in the initial CT and MRI scans. Next, slides presented the neuro-radiology imagery, pinpointing the exact location of the bilateral and hemispheric atrophy in the brain. Alongside each radiological image was a comprehensive list of cognitive impairments that result from these types of injuries, as well as damage that correlated with the fracture and hematoma. The final slide explained the results of the PET scan, debunking the Defense's claims of pre-existing conditions like depression, anxiety, and ADHD.
During mediation, the Defense refused to increase the settlement amount past the $45,000 policy limit. Edward and his team refused to give up on their client and pushed for a bench trial. After presenting all his expert testimony and reports through the 3D presentation, the judge returned with a ruling of $3,000,000 — over 66x the initial settlement package.
Edward K. Le is a senior partner and founding member at Le & Kittleson, Personal Injury Attorneys, where he focuses on civil cases involving traumatic brain injuries, wrongful death, motor vehicle accidents, premise liability injuries, and insurance bad faith. He is rated AV-Preeminent by Martindale-Hubbell, is a member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum, and was listed among the Top 100 Trial Lawyers for Washington by both the National Trial Lawyers Association and the American Society of Legal Advocates. He is a continued legal education speaker and lecturer for the Washington Association of Justice and has been recognized by the Washington State Bar for his pro bono work.
