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By Allen Shinder
Videos for Litigation
When you are in the process of negotiating a settlement with an insurance company, it is important to create a settlement video brochure that will help persuade them to pay up. In this article, I will provide you with a step-by-step guide on how to create such a video.
There are a few things to keep in mind when creating your settlement video brochure. First and foremost, it is important to make sure that the video is concise and to the point. Secondly, it is important to make use of emotional appeals whenever possible. Convincing the insurance company to pay up can be a difficult process, but using strategies like empathy and humanization can help boost your chances.
If you follow these guidelines, creating a settlement video brochure will be easy and straightforward.
Step 1: Research Your Opponent . . . The Insurance Company
Insurance companies have a long history of trying to settle cases for less money than the victim is actually owed. Often, these companies claim that the victim's injuries were not caused by their negligence, or that the victim was at fault in some way. The insurance company may also try to imply that the victim does not deserve full compensation because they are wealthy.
Insurance companies have a low success rate when it comes to settling cases for less money than what is fair. Cases where an insurance company has claimed that the victim's injuries were not caused by their negligence or that they were at fault in some way have had mixed results. In some cases, the court may agree with the insurance company and grant them partial compensation. What is the recent history of the insurance company?
Step 2: Research the Negligence
When looking into the negligence that was committed, it is important to do thorough research. This includes reviewing court documents, accident reports, interviewing witnesses, and studying previous settlements. Contact other personal injury attorneys who have gone before the court you are filing in, or who have dealt with the insurance company you are facing. You need to be sure that the settlement you are considering is fair and reasonable based on the facts of your case.
Make sure there is no contributory negligence on the part of your client as this will reduce your potential award. Contributory negligence will be used by the insurance company as a defense. In some jurisdictions, contributory negligence will destroy your lawsuit.
Research the judge and court rulings for previous cases that are similar to the suit you are filing. This will give you an idea of where the judge is coming from.
Step 3: Gather Evidence
When investigating a potential claim or lawsuit, gathering evidence is a critical step. This includes gathering information from witnesses including interviews, subpoenas, and document reviews.
If necessary, hire an expert that will support your position. A renowned expert in the relevant field will help persuade the judge, jury or mediator. Be careful not to use an expert who testifies more than 25% of their time. There is a balance between being a notable authority and a paid expert or hired gun.
With proper planning and execution, gathering evidence will support your case and lead to justice for those affected.
Step 4: Create a Script
A major step in creating a settlement video brochure is to create a script. This will help you organize your thoughts and make sure your video is properly formatted.
You'll need to decide what content will appear in the video and how it will be presented. There are a few things to keep in mind when writing a script:
- I usually start out with an outline that includes: an introduction, what happened, what damage it caused, the extent of damage, what injuries it caused, what the prognosis is for the future, who has been impacted by these injuries, medical bills, lost wages or income, all costs incurred to date, and all future projected costs. And a conclusion which may include your demand.
- Once you have the outline, fill in each section with details and consider what resources your research uncovered.
- Keep it concise. Your viewers will only have about ten minutes to watch your video, so make sure it has a logical flow and it’s easy to follow.
- Choose the right tone. You don’t want your video to come off as overly promotional or inflammatory, but you also don’t want it to seem too amateurish or cheesy. Stick to the facts.
- When it comes to choosing a credible source, it is important to weigh the sources’ credibility against their persuasiveness.
Step 5: Shoot and Edit the Video
When shooting the video, make sure your witnesses look directly into the camera. When they look directly in the camera the witness appears to be looking you straight in the eye. It's also critical that your witness is properly framed in the camera. It's wise to have your witnesses be as still as possible while recording. This makes editing flow more effectively.
In every case where there are significant injuries to the victim of negligence, it's important to show what the victim is going through to recover. Be sure to capture the pain, struggle and frustration they are going through.
Once you have the footage, it's time to edit the video. The video should be edited following the script. After editing is complete, it's time to show it to people to get feedback. Based on that feedback you may need to edit the video to correct anything people objected to.
After the final edit, it's time to share it with the judge, mediator, and the defense.
Conclusion
Creating a video settlement brochure is an important step in negotiating a fair settlement. By following these simple steps, you can produce a settlement video brochure that will convince the insurance company to pay up. If you need help with any part of this process, contact allen@videosforlitigation.com for help.
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