Produced to Impress the Opposing Party
Settlement documentaries are produced specifically to impress upon the opposing party for a prompt settlement and to avoid a trial. Designed to help settle the case out of court and to pack an emotional punch, Settlement Documentaries are highly effective at convincing the opposition to take the matter of settlement seriously and to fully realize the pain and suffering that resulted from their client's negligence, malpractice or liability. The Settlement Documentary powerfully summarizes all aspects of your case in the form of a television documentary. Life prior to how an incident occurred, its nature, who was at fault and why, the impact, expert witnesses, tests, demonstrations, as well as your client's injuries, are all vividly communicated to the opposing council.
Attorneys commonly use settlement documentaries in severe personal injury or death cases. The presentation covers liability and damages and is sent in advance of mediation to opposing counsel to provide the other side an opportunity to evaluate the case prior to the mediation process. They are a summation of the case and utilize a voiceover narration, interview segments, computer graphics, background music, scripting, and/or video clips of similar scenes. The power of a well-crafted video to settle a case before trial is undeniable. It saves time and expense, and proves justification for damages and punitive awards. Planning and editing of the Settlement Documentary are the key to its success. Typical turn around time for Settlement Documentaries is four to six weeks. Therefore, it is imperative to schedule us at the very beginning of this process.
If the defense does not settle within reasonable time limits, the Settlement Documentary may also be used to support a bad faith claim. Segments of the presentation may also be used in a subsequent trial.
Different Names for Different People
Settlement Documentaries are also called Settlement Brochures and Demand Videos; however, we prefer the term Settlement Documentary because of the inherent credibility attached to the word “Documentary.” A “Brochure” on the other hand conjures up an image of a slick Madison Avenue advertising piece, and the word “Demand” is obviously another term that perpetuates the adversarial positions in a lawsuit.
As the name implies, a Settlement Documentary is designed to help settle the case out of court. Sometimes the video is presented before suit has been filed, especially in a case where liability is very clear. It is designed to pack an emotional punch, and therefore sets it apart from the standard printed "Settlement Brochure" which is presented in a notebook and sits on the adjuster's desk, along with dozens of other documents.
Here is How we Start:
When we get a call from an attorney, we go into a fact-finding mode. Once we determine that we can schedule the case, we ask for the complaint, accident report, depositions, sworn statements, medical records, x -rays and photos/videos of the scene. We need to obtain home videos and before-and-after photos of the plaintiff. We will work with the legal assistant to help coordinate any schedules and interviews with experts. We then begin to work with our client to set up interviews with the plaintiff, family, friends, co-workers and others who can testify on the plaintiff's behalf. We encourage them to organize their photos, home videos, awards and all pertinent memorabilia to use in the presentation.
Some of the contents of a Settlement Documentary may actually be used in court but with very strong restrictions. The Settlement Brochure can use "blood and guts" shots, can show extreme suffering and pain and all the high-tech manipulations HDV Legal can produce. However, this would never be allowed in court as the opposing attorney would object and the judge would rule against such video on the basis that it would prejudice the jury. We should always remember Dragnet's Sergeant Friday, "The facts ma'am, just the facts."