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Damages and Surgical Animations Aid in $4M Verdict for Motorcycle T-Bone Crash Survivor

It was the perfect Sunday for a motorcycle ride through the streets of Anaheim, California. An inattentive driver prepared to make an unprotected left turn in an intersection. He proceeded into the path of a 35-year-old motorcyclist named Jose. Jose, an active-duty Marine, T-boned the vehicle at 35 miles per hour, ejecting himself off the bike and onto the street.

Jose suffered catastrophic injuries and was rushed to a nearby hospital, experiencing immense pain from his neck down. Doctors stabilized Jose and ordered medical imagery. They discovered disc bulges throughout his spine and an open-book pelvic fracture – the separation of his pelvis. It was a miracle he survived and was not paralyzed. Along with his orthopedic injuries, Jose suffered a testicular rupture, an abdominal-muscle tear, and deep lacerations. He underwent extensive surgeries to repair his fractures and remained in the hospital for two weeks.

As he recovered, Jose searched for a local attorney specializing in motorcycle collisions to help him navigate his legal recourse and road to recovery. He found Rob Marcereau of Marcereau & Nazif, a trial attorney and co-founder of RiderzLaw. Rob filed suit against the driver’s insurance and encouraged Jose to continue his medical treatment.

Over several years, Jose made a remarkable recovery even though he still suffered from residual pain. Through perseverance, he walked with no limp, returned to work, and was even able to pass the active-duty Marine physical test, running three miles in 20 minutes. After seeing Jose’s improvement, the Defense contended the severity of his damages, offering to settle for a mere $100,000.

Rob refused, knowing Jose’s injuries were life-changing. He prepared for trial and retained a team of medical experts, including an orthopedic surgeon, to attest to Jose’s difficult recovery and lifetime of pain. However, because Jose looked healthy by all outward appearances, Rob anticipated he needed a way to communicate just how far Jose had come. He shared his medical records with DK Global to illustrate the gravity of Jose’s injuries and the painful procedures he endured.

The animation began with a 3D model of Jose, focusing on the lacerated bursa around his knee. Next, enhanced medical imagery was displayed alongside each injury, including his left testicular rupture, spinal disc bulges, and pelvic fracture. Finally, the surgery to repair his open-book pelvic fracture was shown. Clamps clasped his pubic bones together and were secured by a metal plate and screws.

Shortly before trial, Rob shared the animation with the Defense counsel. They increased their settlement offer to $300,000, but Rob declined. During trial, Rob played the visual during his expert’s testimony, allowing the jury to see the depth of Jose’s pain. After deliberating, the jury awarded Rob a verdict of $4,000,000 – one of the largest personal injury verdicts in Orange County to date. 

Rob Marcereau of Marcereau & Nazif is an award-winning personal injury lawyer who specializes in representing the victims of catastrophic accidents. Throughout his career, Rob has secured over $100 million, earning him recognition amongst the Multi-Million Dollar Advocates Forum. Additionally, Rob has been selected as a California Super Lawyer for his achievements and dedication to his clients.

"The animation from DK Global was huge in terms of adding value to this case... I don't think we would've achieved the result that we did if not for the animation."
Rob Marcereau – Marcereau & Nazif
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