Personal Injury Attorney Washington D.C.

By SALVATORE J. ZAMBRI

My firm uses a settlement video in virtually every case that involves significant damages. I’m convinced that when a lawyer decides not to use one, he is also deciding at the same time to reduce the amount the defendant will ultimately offer to resolve the case. Settlement videos are powerful. Far more comprehensive than descriptive words or still photographs, videos let the mediator, opposing counsel, the defendant, and the insurer see, hear, and feel the whole story of a case in a compelling and accurate manner.

A photographer, Bill Jay, may have stated it best in an article in the Washington Journalism Review (1990), in which he described images as “directly entering the blood stream, bypassing the brain.” Words can fail us sometimes. A settlement video, however, can accurately present critical evidence to those involved in the settlement process, maximizing not only the likelihood of a resolution, but also the amount of the settlement.

What Is Settlement Video?

Settlement videos are different from day-in-the-life videos. Often, the former includes the latter. Day-in-the-life videos depict the harsh consequences of an array of physical impairments (i.e., the wound-care ritual needed to treat a “de-gloving” injury). I think it is important –necessary, actually – to include day-in-the-life activities in settlement videos to be sure the other side appreciates the plaintiff’s harms and losses. But the settlement video must include much more. Settlement videos are designed to convince the opposing parties that they should pay fair compensation now, before trial and perhaps before any further discovery. It is therefore necessary to address all issues of liability – duty, breach, causation, and damages. The extent to which you focus on each issue is determined on a case-by-case basis.

When Production Begins

When I recognize a case as one that lends itself to a settlement video, I start producing it immediately. For instance, rather than taking written statements from witnesses to a terrible automobile collision, I will routinely videotape their testimony. The scene of the incident is often full of compelling evidence worth videotaping, whether it is the building that caught fire, the skid-marked road that was peppered with debris, or the vehicle itself that was involved in the collision. And don’t forget, we’re being watched. Cameras are popping up all around us in automobiles, at street corners, and on and within buildings. Some of the most powerful video evidence I’ve ever used was initially shot by someone else. I just obtained it and then incorporated it in my settlement video.

It is also important to obtain from the client or her family, old videos depicting the plaintiff’s prior activity level, including hobbies, work activities, etc. Post-injury video of the plaintiff is critical, especially when making a day-in-the-life video. But you should not always wait until the plaintiff reaches maximum medical improvement to video-document the plaintiff’s condition. Video of the recovery itself can be extremely effective.

In addition to the plaintiff and independent witnesses, consider videotaping family members, friends, employer representatives, co-workers, teachers, coaches, EMT personnel, treating physicians, experts and others. Your subjects should be excellent communicators and credible.

Settlement videos can sometimes catalyze extremely favorable resolutions before a lawsuit is ever filed. But for a variety of reasons, not all cases settle pre-litigation. In those instances when discovery is required, I take video depositions. I invariably find that the video testimony of a defendant, for instance, can be used far more effectively in a settlement video and, if necessary, at trial.

Choosing A Videographer

Who should do the videotaping? I recommend you hire someone with real movie-making experience. I’ve found that independent filmmakers are more likely to be roundly skilled in audio, lighting and video techniques. Filmmakers also have training in effective, clear and economical story development and are more likely to focus on the subtleties of the case. Remember, the more effective a settlement video is, the greater chance there is that the case will resolve for fair value. Broadcast journalists and wedding videographers are popular choices, but they often lack the narrative skills and patience of a long-form filmmaker.

Also, be sure the person you use has significant training in behavior coaching. Acting coaches are excellent for helping your client get over their interview anxiety so they can move on to an honest interview. You should rely on your production team to not only film and light, but also help create a comfortable and relaxed room so that your clients can express their deepest feelings about their case. An excellent videographer who lacks inter-personal skills will produce a sub-optimal settlement video.

Preparing The Participants

Meddle when necessary. Don’t meddle for the sake of meddling.

If the videographer is sufficiently prepared by you and has the credentials I outlined above, then he or she will be in the best position to elicit the testimony you want from your client in the manner in which the testimony should be conveyed.

A patient interviewer will let your subject open up and personalize the case. A patient approach is always better than trying to elicit an overly specific response. Of course, the video should be accurately emotional, not staged.

Experts on Camera

Settlement videos often include testimony from experts. In choosing who to videotape, consider the expert’s education, experience, and reputation and weigh them against the expert’s ability to communicate. Sometimes, the most qualified experts are not the best communicators. Seek compelling over sterile testimony.

Cost Of Settlement Video

Understand that the preparation of such a video will range from a few thousand dollars to perhaps $30,000. Consequently, be sure that the potential damages warrant the expense. Communicate with your client about this before spending the money.

High Impact

Time and again, I have been thanked for taking the time to submit settlement videos. Opposing counsel use the videos to justify their settlement position. The same is true for adjustors. And mediators use them as tools to get high-level insurance representatives and corporate executives to recognize the need to resolve cases at fair levels.

If a picture is worth a thousand words, then a settlement video is worth . . . well, use one and you’ll see. •

Salvatore J. Zambri is past president of the Trial Lawyers Association of Metropolitan Washington, D.C., and a founding member and senior partner in the firm Regan Zambri & Long, where he litigates medical malpractice, automobile accident, product liability, and other catastrophic personal injury claims.