Brain injuries can be extremely difficult to prove, especially when your client does not strike their head. Sean Claggett was faced with this exact fact pattern in a referral slip and fall case he had against a Las Vegas mall. Sean’s client was seen on grainy video slipping and falling; however, the video was so poor it could not be determined whether Sean’s client actually struck her head on the marble tile. Sean’s client did not remember ever hitting her head. Sean had done numerous focus groups on this case, and the focus groups could not understand how a person could suffer a brain injury without striking their head in a slip and fall case. Sean turned to Focus Graphics to create an animation that could show in a video animation what Sean’s medical experts were explaining, which was that the brain injury was actually the result of a coup contrecoup injury. In addition to helping Sean explain how his client’s brain injury occurred, Focus Graphics also created a system failure timeline for this case. Sean explained to Focus Graphics that there had been 141 prior slip and falls at this mall over the last five years and he wanted to show the jury a timeline of those falls. Focus Graphics used the map of the mall and placed a dot for each prior slip and fall, and by the time all 141 slip and fall dots were placed on the map, there was no room left for another fall. This powerful system failure timeline, coupled with the brain injury animation, gave Sean all the ammunition he needed to see this case through verdict. The defendants understood this, as well, and the case recently settled for a confidential amount that was greater than 15 times more than the referring attorney was prepared to take in settlement.
“Focus Graphics came up with an amazing animation that took the actual surveillance video as a starting point and weaved in the animation to show what actually happened to my client’s brain as she fell. Once I had that animation, the focus groups had no problem understanding exactly how and why my client suffered a brain injury. In addition, Focus Graphics created the most powerful system failure timeline I have ever seen. A system failure timeline can be an extremely powerful tool in your case, and can be done for virtually any situation. This type of animation typically shows a conscious lack of concern on the part of the defendant that can increase a verdict tremendously, which we saw firsthand in this case."
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