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 #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.
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