APPROACHING THE WRONGFUL DEATH CASE A settlement documentary for a wrongful death case is made up of two parts. What qualities did the person have that made him irreplaceable in the lives of the survivors and what effect has the death had on the survivors. As an example, we’ll discuss a hypothetical case about a husband/father who is killed in
PRESENTING YOUR SETTLEMENT DOCUMENTARY In this article we are going to go over ways for presenting a settlement documentary. Settlement documentaries are created specifically for mediation and are not designed to be admissible in court. The purpose of the settlement documentary is to educate the opposition about the enormity of the harm injury victims and their families suffer as a
MYTH #2 ABOUT CASE VALUE Last week, we discussed how adjusters often use “cookie cutter” formulas to dictate the value of a case despite evidence submitted by the plaintiff’s counsel. Too often, this results in major claims failing to be resolved in mediation. But there’s another issue that comes into play during mediation that can also lead to your client
MYTH #1 ABOUT CASE VALUE Many defendants are unwilling to pay a fair value for claims without the full weight of evidence and testimony supporting a plaintiff’s case. As a result, far too many claims fail to be resolved in settlement or mediation when it would be in the best interests of all parties to reach a fair compromise. It
Why Day One is the Most Important Day of a Big Case A great case comes in the door with strong liability and significant damages. The kind of case you might consider for a settlement documentary to be used at or in advance of mediation. With the best of intentions, you map out in your head the visuals you’ll want.
Pandemic Considerations For Producing A Settlement Documentary The Covid-19 pandemic has turned things upside down for everyone in so many ways. Mediation and trials have been pushed back, and many facets of litigation have been affected. As we move towards fewer restrictions, make sure this time of uncertainty doesn’t compound the losses for your plaintiff. Further delays in cases might
Just as you would select a cardiac surgeon over a general practitioner to perform open bypass, and just as you expect injured parties to choose you as a plaintiff attorney rather than calling a contract attorney to handle their cases, it makes sense to shop for a video production company which has experience working with attorneys. You will spend far
At risk of sounding simplistic, every case has two components: liability and damages. The damages are economic and non-economic. The economic damages are a relative cake walk. Save the receipts and add’em up. But how does one prove non-economic damages? These are the facets of the case defined by the amount of damage to the plaintiff’s human condition. How has
The Onion Theory of Settlement Documentaries A great settlement documentary is multifaceted, and consists of layer upon layer of information, much like the layers of an onion. As you scratch one surface, another reveals itself. Day In the Life Video Let’s start with a basic Day-In-The-Life video. We see the plaintiff’s struggles and the help he requires day-in and
Day-In-The-Life Video vs. Settlement Documentaries Often times the terms “day-in-the-life” and “settlement documentary” are used interchangeably. Though both types of legal video are related, they should be viewed differently from one another. Day-in-the-life video is used to illustrate the everyday struggles the plaintiff endures. Whether that be in the hospital, at therapy, or at home, we capture what it is