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Using Biomechanical Animations To Prove Your Case

A "biomechanical animation" is a powerful visual format to develop and display in conjunction with a biomechanical expert, even in an admitted liability case. Such animations are relevant when there is not complete agreement on the causation, extent and nature of all injuries. From the plaintiff perspective, an admission of liability by the defendant is only saying that he or she admits they did something wrong. It does not rule out a claim by the defendant that they believe the plaintiff also did something wrong. Therefore, on this point alone, you may have to deal with showing and explaining issues of comparative fault to a jury.

Screen Shot 2013-10-16 at 11.28.48 AMI’m often asked by attorneys, “Why spend the money on making any visuals showing how the incident occurred if it’s an admitted liability case?” My question back is, does the other side agree completely with the causation of all injuries, and the extent and nature of them? If you have a plaintiff or defense personal injury case, then developing visuals to show the incident for an admitted liability case may still be extremely worthwhile and should not be forgotten.

From the plaintiff perspective, an admission of liability by the defendant is only saying that he or she admits they did something wrong.  It does not rule out a claim by the defendant that they believe the plaintiff also did something wrong.  Therefore, on this point alone, you may have to deal with showing and explaining issues of comparative fault to a jury.

An accident recreation or diagram can go a long way in helping you with this. Additionally, even if nobody’s fault is at issue, and it’s simply a matter of the type and extent of injuries, the use of what I like to call a “biomechanical animation” is a powerful visual format to develop and display in conjunction with a biomechanical expert. (more…)

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