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
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
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