Settlement Documentaries
A Settlement Documentary is a ten to fifteen minute presentation similar to a TV news segment. It summarizes the case through narration, interview segments, and computer graphics. The Settlement Documentary is produced to clearly demonstrate the damages suffered by the plaintiff. 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 mediation. If the defense does not settle within reasonable time limits, the Settlement Documentary can also be used to support a bad faith claim. Segments of the presentation can also be used in a subsequent trial. |
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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 connotes, a settlement documentary is designed to help settle the case out of court. Sometimes the tape is even 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. |
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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 photos/videos of the scene. We need to obtain home videos and before-and-after photos from the plaintiff. Often times we will work with the legal assistant to help coordinate any schedules and interviews with experts. We set up interviews with the plaintiff, family, friends, coworkers 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 we 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 Sergeant Friday, "The facts ma'am, just the facts." |
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