A commercial truck paced along a four-lane highway, surrounded by wide Texas range. As the massive big rig, nearly the size of a fire engine, sped ahead, a traffic signal up ahead turned red, and an SUV in the opposite lane eased to a stop. The 18-wheeler’s brakes squealed as the wall of metal kept advancing toward oncoming traffic. In a last-ditch effort, the driver blared the truck’s horn, hoping the vehicles in its path might move out of the way, but it was too late. The semi exploded through the intersection, traveling hundreds of feet before slamming headfirst into the stopped SUV. Sitting inside was a young mother whose life would never be the same.
First responders arrived at a chaotic scene. The truck driver said he hadn’t been able to brake in time for the red light, honking a warning into the intersection as he roared through at 50 MPH. Thankfully, the young woman in the SUV exited her vehicle, seemingly with hardly a scratch. In her 30s, the wife and mother of two was smart and driven, with a full-time job at a law firm. However, hopes that her ordeal was over were too good to be true. Soon after, the young mom started suffering memory lapses and couldn’t complete mundane tasks. She could barely keep the job she loved. Imaging confirmed what doctors had come to suspect: the accident left her with significant brain damage.
With an uphill battle of medical bills and permanent cognitive impairment, the woman contacted the truck’s parent company, trying to negotiate a settlement with their insurance carrier directly. But after months, it was clear the company was stonewalling, and her cognition was declining. She needed a hand. Matt Kyle, founder of The Kyle Law Firm, had won nearly 40 jury trials, staking a reputation across central Texas’s courtrooms. As a father of six, Matt understood how tragic events affected families years later. He saw the disabled mother just wanted what was fair. Matt was determined to work hard for her and her family. He reviewed his client’s MRIs and clearly saw spots of tissue damage — a few on each lobe. They looked like bits of white lint that had fallen on the x-ray.
Matt got to work building a case but ran into an immediate obstacle: the accident had occurred 18 months earlier. Records and evidence had been destroyed, including the truck itself. Memories were hazy. However, early depositions shed some light on policy failures at the truck driver’s company, while reconstruction work detailed how the accident took place. Additionally, research and reports from neurological experts showed the extent of the Plaintiff’s devastating, permanent brain damage caused by the crash. The extent of her injuries soon became Matt’s most compelling evidence, though he knew this strategy had weaknesses. Notably, if the case went to trial, the jury wouldn’t be able to see these injuries with their own eyes. To that end, Matt knew the Defense’s argument would center on the Plaintiff’s appearance — just looking at her, she didn’t appear injured at all.
To reinforce his case, Matt enlisted experts to help illuminate the Plaintiff’s injuries: radiologists and neurologists to explain the physical damage, and neuropsychologists to cover the mental impact. In addition, an economist determined the cost of the Plaintiff’s loss of income over her lifetime. Matt was painting a picture, but he knew it wasn’t enough. He needed to show the damage to his client’s mind to secure the outcome she deserved. That’s when he contacted DK Global. Working with the Plaintiff’s team of experts, DK Global set to work on an animation that traveled inside the Plaintiff’s brain.
The video began with a prepper on brain structure and function. In vivid, anatomically correct detail, the presentation diagrammed a human brain, focusing on brain cells and how they communicate with one another. Next, the video detailed the accident from inside the Plaintiff’s head, showing how the impact slammed the front and back of her brain against her skull, resulting in a coup-contrecoup injury. The animation demonstrated how the collision of white and gray brain matter permanently damaged her neurons, corroding and killing brain cells. Next, the video showed scans of the Plaintiff’s brain, indicating damage to both frontal lobes, as well as deeper tissue damage. Three MRIs taken over more than a year indicated the damage would be permanent. Finally, the video listed all the frontal lobe deficits the Plaintiff had been diagnosed with, from executive function issues to depression.
For nearly two years, the Defense hadn’t made an offer above five figures. Matt introduced the animation during mediation, at which point the Defense’s tone shifted. Prompted toward renewed settlement talks, their offers began to increase. Within a few weeks, Matt and the Plaintiff settled for a confidential 7-figure sum.
Matt Kyle is the founder of the New Braunfels, Texas firm The Kyle Law Firm. Over his 35-year career, Matt has been named a Super Lawyer by Texas Monthly 13 times and was named their 2024 Super Lawyer. He is a member of multiple associations, including the Texas Trial Lawyers Association, the San Antonio Trial Lawyers Association, and the Texas Criminal Defense Lawyers Association.
