DEMONSTRATING NON-ECONOMIC DAMAGES WITH A SETTLEMENT DOCUMENTARY
The damages of your case are economic and non-economic. The economic damages are a relative cake walk. Save the receipts and add them 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 event made the plaintiff miserable? And then, how miserable? How often? To what degree?
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Misery is compensable. If the plaintiff’s life was free from misery prior to the event, and your client is immersed in misery at present, you want the adjuster to start adding a zero or two to the amount of the check. How does a trial attorney convey this component of a case in order to prompt a more generous offer? It can be summed up in one word.
Contrast.
What drives the recovery of non-economic damages is contrast. It is vitally important to emphasize the difference between your client’s life prior to the event, and your client’s life now. How has the plaintiff’s quality of life changed? Tap into this facet of your case and you’ll find major opportunities. Present an immutable, authentic storyline of contrast and the non-economic damages will drive a successful recovery.
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“Paper records, in black and white, will yield nothing more than a ‘basic’ evaluation. The use of video will put a face with a name and bring your client to light. Most practitioners agree that a great witness or client increases the value of the case. Exploit the fact that your client is a real person, has a family, a job and friends in the community. Show how the injury has limited their daily activities. Video takes the defense counsel and claims adjuster into the daily lives of our clients; shows the ongoing medical care; demonstrates the effect on the client and the family; all the while, putting a face with the client. Video goes where paper records simply cannot.”
— Dan Chamberlain, Cohen & Malad, LLP
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| Do you have a client whose story needs to be told? Since 1994, Image Resources, Inc. has produced thousands of settlement documentaries for some of the best attorneys in the country. See what some of our clients have to say about using settlement documentaries by clicking here. Call or email us to discuss your case today!
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