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Senior Citizen Suffered Prior Brain Trauma Requiring Animations for Causation

A life-altering accident began with what should have been a routine left turn. Had the driver of a vehicle been paying proper attention, they would have noticed a man in his late 60s crossing the street while on his evening stroll. However, the car drove straight into the senior while he was in the crosswalk. The pedestrian was hit with enough force to send him to the ground, sliding across the concrete.

First responders rushed the injured pedestrian to the hospital. He suffered multiple abrasions and cuts to his head, which required stitches. This leg was fractured and dislocated, necessitating surgery to install a plate with six screws. Medical staff learned that the man had suffered an unrelated brain injury in the past. Because of his age and the nature of the injury, they performed a new MRI exam, revealing multiple brain lesions.

The pedestrian retained an attorney who was quickly overwhelmed with the complexities of the case. The Defense jumped on the prior TBI to dispute causation, and they claimed that the older man shared liability because he darted into the crosswalk. As a result, the attorney referred the case to Edward K. Le, the founding partner of Le & Kittleson, Personal Injury Attorneys. An expert in TBI cases, Edward dove into the medical documentation, thoroughly investigating the circumstances of the accident.

Edward gathered witness statements, scrutinized medical reports, and prepared depositions. He enlisted a team of radiologists and neuropsychologists to further analyze the brain trauma the man sustained. He compared the new MRI report — conducted with neuro-imaging technology for a more accurate reading — to a scan after the unrelated brain injury. It revealed new lesions had formed on the man’s brain, different from the ones from his previous TBI.

The Defense was unrelenting. They minimized the severity of the Plaintiff’s injuries, challenged his accountability, and disputed the legitimacy of comparing the new scans to the older ones.

Between the advanced MRI scans and the expert depositions, Edward and his team knew they had a strong case. However, he had the foresight that a jury might not follow the medical complexities during expert testimonies. Consequently, Edward contacted DK Global for a set of visual aids. His goal was to present 3D animations that simplified the severity of the Plaintiff’s injuries and were compelling and easy for a jury or judge to understand.

The DK Global animations began with a lifelike 3D character model of the victim. Original MRI scans were superimposed onto the model to illustrate the brain trauma that existed before the accident precisely. Next, the old scans were compared to the new MRI results, emphasizing the additional lesions caused by the recent collision. The animation then detailed the Plaintiff’s leg injuries, showcasing the fractures to the distal fibula and medial malleolus. A subsequent image depicted the surgical intervention, showing the placement of plates and screws to fix the broken bones.

For two years, the Defense refused to settle. During a mock trial setting, Edward presented the animations along with how the experts would testify should the case go in front of a jury. Confronted with the comprehensive and compelling visual demonstratives, the Defense approached the bargaining table. Edward successfully negotiated a favorable confidential settlement to help with his client’s rehabilitation and support his family.

Edward K. Le is a senior partner and founding member at Le & Kittleson, Personal Injury Attorneys, where he specializes in 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.

"That's what working with DK Global gives us. That opportunity to provide that seamless conceptualization and visualize it."
Edward Le - Le & Kittleson
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