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 not getting a fair and reasonable offer.

Defense attorney presenting case to the claims committee


When defense attorneys present their analysis to the claims committee they often filter various aspects of the case. The defense attorney’s personal opinions about your client, his interpretation of the medical records or what the doctors have said in their depositions, etc. may cause the real substance of your case to be cast aside. The adjuster shows up at mediation and negotiates based on the impressions of the defense attorney rather than any firsthand knowledge about your client or the case. The decision makers have been insulated from the information required to understand the whole story.


Attorney taking notes

Typically, the adjuster has not attended the depositions of the parties, the eyewitnesses, or the doctors or other experts. Oftentimes, he has never even met the plaintiff or his own insured. Instead, the adjuster relies only on what has been reported to him by his defense counsel. Those reports may or may not adequately describe the severity of your client’s injury, the strength of the medical evidence regarding causation and permanency, what a good witness your client makes, etc.

A settlement documentary can remedy that problem. It shows the extent of a plaintiff’s harms and losses in ways that no other form of evidence can. Settlement documentaries are more effective than descriptive words or even photographs. These videos let the mediator, opposing counsel, the defendant and the insurer see, hear and feel the whole story, without filters, in a compelling and accurate manner. A settlement documentary can make your case more persuasive, resulting in the settlement your client deserves.

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. Check out this short video here to learn more. Call or email us to discuss your case today!


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