Picture This: A Winning Settlement Video

A settlement video can be a powerful tool to communicate the facts of a case . Certainly, new computer and video technology has put settlement videos within reach of most trial lawyers.

There are plenty of good reasons to add settlement videos to your arsenal of offensive weapons. Settlement videos give you a chance to communicate directly - without your message being filtered by the defense attorney - with the defendants' representatives, insurance adjustors or claims committee who make the money decisions. Settlement videos do an excellent job demonstrating a client's catastrophic injury, including disfigurement, paralysis, and brain damage. Just consider for a moment whether it is more persuasive to send over a pile of medical reports in a written demand or to show on video the effort it takes your client to get dressed in the morning and the frustration that goes into trying to button a shirt, for example? And when well done, I believe settlement videos assist you in settling cases at the top of the settlement range you had set and maximizing the recovery for your client.

You've heard the old adage, "Seeing is believing"? Well, a settlement video gives the decision-makers a chance to see what sort of presentation your plaintiff and key witnesses make and how well they might perform at trial. The decision makers can see for themselves the kind of case the plaintiff could put on at trial.

Settlement videos are not the same as "day-in-the life"videos. Day-in-the-life videos are intended as evidence for trial and as such, are subject to restraints that settlement videos are not. Day-in-the-life videos depict the plaintiff's daily routines and illustrate the ways in which those daily routines have been affected by his or her injuries. Certainly, this same kind of footage can and should be included in a settlement video but the difference is that a settlement video can be much more wideranging in content and presentation.

Settlement videos can cover issues involving both liability and damages. For example, the lawyers at King, Bryan & Wiley, who have been using settlement videos in their practice for about ten years, use their settlement videos as the opening statement at the actual mediation itself. Their settlement videos don't shy away from complex liability issues but rather deal with opposing counsel's arguments head-on. Bob Bryan says they will often include taped interviews with key witnesses, police officers or even their liability experts. Key documents, video of the scene, news reports, or excerpts from the videotaped depositions of the defendant's witnesses can also be woven into this type of settlement video.

The settlement videos I have produced for Marsh, Rickard & Bryan, P.C., focus not on the defendant's conduct but rather, on damages. I think a three-part narrative structure is effective: (1) the plaintiff's condition and lifestyle before he or she was injured; (2) the plaintiff's condition and lifestyle after he or she was injured and how it has changed as a result of the injury; and (3) the outlook or expectations for the plaintiff's future.

Its important to start early in the case collecting material for the settlement video. Use a digital camcorder to document your client's injuries as soon as possible after they occur in order to illustrate the full impact of the injury. Video a physical or occupational therapy session; if that's not possible, video the therapeutic exercises your client does at home. Gather still photographs, scrapbooks and home videos that were created prior to injury. Interview the spouse, adult children, a caregiver, a teacher, a long-time friend, a former co-worker or clergy. Use parts of the video deposition of a doctor or life care planner.

The point of all this material is to be able to tell the story-in pictures and sound-- of what makes your client unique. Did they have a good life? Were they healthy and active? Did they have hobbies? What is it they enjoyed doing before they got hurt? Did they have special relationships with the people in their lives?

Contrast this with the answers to questions about their current life like: Does your client have to depend on others for help with day-to-day living? Is he or she living in pain? Or on medications? Does he or she have to undergo painful procedures? Can they enjoy life as they did before the injury? Given the severity of their injuries, what are their fears for the future?

Still, a settlement video does not need to touch on every issue in the case. A good settlement video will take lengthy or complex arguments and make them concise and to the point. It should communicate the essential and most persuasive facts of the case. Bob Bryan says his firm aims to make its settlement videos 15- 20 minutes in length "tops". He says "you can tell a good story in 20 minutes".

While each step of the process of making a settlement video can be said to be important, the editing is probably the most critical to a successful outcome. Editing is about bringing together all the different elements of the story in a logical video sequence. Its about deciding what comments to include and what visuals serve your purpose best. For most lawyers, that means hiring a professional production company.

According to Chris Ballard, a principal with Omni Video in Jacksonville, Florida, if the settlement video "doesn't look like what the adjuster saw on television last night, then the value of your claim isn't going to be as great." Ballard has been in the video production business more than 30 years, "ever since the birth of betamax". He tells trial lawyers "don't use a Pinto when you need to drive a Mercedes", because "if your video looks lousy, then the value of your case looks lousy".

Bryan notes that his firm's settlement videos have matured over the years. When they started, the firm actually "tried not to make them too slick". But now, they "try to make them sound and look like a 20/20 or Sixty Minutes piece".

Just remember, a settlement video cannot turn a bad case into a winner but a well-done settlement video can help ensure your client's case is taken seriously.