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Undervalued Damages from Car Crash Lead to $8M Settlement by Using Animation

A driver barreled down a Los Angeles street at an extremely high rate of speed, hit a bump, and lost control of his vehicle. He swerved and collided with a parked SUV – the owner still in the driver’s seat. The owner of the parked SUV was enjoying his lunch break when his car crumpled like an accordion. Shards of glass covered the floor as he lay unconscious. Ultimately, despite being discharged from the hospital after only two weeks and making a remarkably quick recovery, he suffered from life-changing injuries. Although he looked unharmed, the man was impacted by a lasting traumatic brain injury and residual pain. As a result, he was unable to return to work. After the Defense contested the severity of his injuries, David M. Blain of TBW Law used an animation and illustrations to depict the man’s immense pain, attaining an $8,000,000 settlement just before trial.

First responders arrived and found the man in his car. He was taken to a hospital where radiologists identified a collapsed lung and fractures to his skull, spine, and nine ribs. In addition, MRIs found air in his cranium, signs of an acute traumatic brain injury. As he recovered, he suffered from persistent cognitive difficulties, including debilitating headaches, impaired memory, anxiety, and depression.

After his release, he searched for an attorney to help him attain justice. He was referred to David M. Blain of TBW Law. With the Defendant responsible, David narrowed his focus to illustrating his client’s damages. He put together a roster of 12 medical experts, including neuropsychologists and pulmonologists, to examine his client and attest to the severity of his injuries. As David prepared for trial, he needed to show and explain his client’s injuries in an easy way for a jury and the Defense to understand. Thus, David brought on DK Global to create an animation that he could use throughout the litigation. DK Global worked with David’s specialists to communicate how severe his client’s damages were.

The animation began with a photo of the Plaintiff unconscious in his crushed car shortly after the collision. Then, his 3D model was superimposed over the image and transitioned into an overview of his injuries. His scalp hematoma, spinal fractures, broken ribs, and pneumothorax were displayed, demonstrating the pain he experienced. Next, his emergency laminectomy procedure was illustrated: portions of his lamina were removed and replaced with surgical hardware to alleviate the pressure on his spinal cord. Finally, to show the severity of his mental impairments, a 3D brain highlighted the location of his injuries and listed the associated cognitive deficits.

David attended a two-day mediation but declined to settle the case. He prepared to show the animation and illustrations throughout the trial. Then, just two days before the court date, the Defense reached out to mediate again. After reviewing the animations, they offered to settle the case for $8,000,000.

For ten years, David M. Blain of the Law Offices of Ted B. Wacker has represented plaintiffs in personal injury, product liability, and government tort claims. David strives to serve his clients and help them put their lives back together after suffering traumatic injuries. Notably, David has represented plaintiffs in numerous class-action lawsuits, including the YAZ/Yasmin/Ocella litigation against the drug manufacturer, Bayer, resulting in several multi-million-dollar settlements.

"I've worked with DK Global on a handful of cases now and they've been great – and I am going to continue to work with them."
David M. Blain - TBW Law
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