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TBI Survivor with Contested Injuries Awarded Seven-Figure Settlement for Car Crash

An intoxicated driver raced his Honda Accord down Highway 17 in New York at over 100 MPH. It was Christmas break – the sun had just set, and students were eagerly heading home to their families. The intoxicated motorist crashed into the back of a young man’s BMW SUV. The man, J.D., lacerated his scalp and suffered a traumatic brain injury. However, years after the crash, he made a remarkable recovery, graduated from his Ivy League school, and even secured a job on Wall Street. Consequently, the Defense contested the severity of his damages. Using an accident reconstruction and a TBI illustration, though, Sean Breen of Howry Breen & Herman, LLP attained a seven-figure settlement for J.D., framing the case around the loss of his full potential.

The crash spun J.D.’s vehicle counterclockwise before it stopped in the left lane of the highway. His face hit the B-pillar, causing him to lose consciousness. Paramedics rushed him to the hospital. When J.D. awoke, he could not recall the crash. As a result, doctors ordered MRIs be taken of his skull, revealing intracranial hemorrhaging throughout his brain.

J.D. was cleared to go home the next day after further evaluation. Only then did the full effects of his injury manifest, prompting his family to reach out to Sean Breen. Sean anticipated the Defense would try to undermine J.D.’s injuries because he suffered previous concussions while playing high school football. Additionally, because J.D. was improving quickly, the Defense claimed his cognitive deficits were exaggerated. Thus, Sean brought on DK Global to illustrate J.D.’s injuries with an accident reconstruction.

The animation began with the intoxicated Defendant’s vehicle speeding behind J.D. DK Global recreated the impact using expert-driven feedback, LiDAR scans of J.D.’s car, and data from both vehicles’ black boxes. Then, A molecular look inside J.D.’s brain demonstrated how his axons sheared due to the crash’s rotational forces, inhibiting synaptic transmission. Next, J.D.’s two-dimensional MRIs were enhanced, highlighted, and superimposed over his 3D model to identify the location of his hemorrhaging better. Finally, J.D.’s mental deficits resulting from his TBI were listed, including impaired cognition, anxiety, and memory loss.

Sean shared the animation and his mountain of evidence with the Defense before mediation. After several back-and-forth discussions, Sean secured a confidential seven-figure settlement for J.D.

Sean Breen is a record-setting trial attorney who has won numerous Hall of Fame verdicts and recovered hundreds of millions of dollars for his clients. Sean has been recognized as one of the “Best Lawyers in America” for personal injury, product liability, commercial litigation, and medical malpractice. Additionally, Sean was selected to be part of the prestigious Multi-Million Dollar Advocates Forum, National Top 100 Trial Lawyers, and Super Lawyers. Howry, Breen & Herman, LLP represents clients nationwide with offices in Texas, Colorado, and California.

"You know, they say that a picture is worth a thousand words; DK Global has literally been worth millions to my clients."
Sean Breen - Howry, Breen & Herman, LLP
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