WHICH VIDEO WOULD WORK BEST FOR YOUR CASE?

If you've ever considered adding a video production to a demand package, mediation or trial presentation, you might be a little confused as to which type would work best for your particular needs.

Let's demystify the process and go over the different kinds of videos to consider.

DAY-IN-THE-LIFE VIDEO

The first type I am going to discuss are Day-in-the-Life videos.? You are probably most familiar with these since they have been around the longest. They?are pretty versatile since they can be used for both trial and settlement purposes- like demand packages and mediation presentations

This video will document the physical struggles your client encounters while going about their activities of daily living. You would include getting out of bed in the morning; performing simple tasks-such as grooming, bathing and getting dressed; putting on braces or prosthetics:? wheelchair transfers; navigating their home; Eating a meal; getting in and out of vehicles; undergoing various therapies such as PT or OT; modifications that have been made to the home like ramps, chair lifts or elevators;? and demonstrations of adaptive devices your client uses in their activities of daily living.

Many times, a montage of pre-injury photos and home video is included in the beginning of the video along with some hospital and rehab photos or videos, if they exist.

Since the final video will contain only ambient sound, this video will need to be narrated live at trial by either your client or an expert- such as a life care planner.

These videos end up being around 22 minutes. ? This is the same amount time of your average tv sitcom without the commercials and this tends to be a good length for the average juror’s attention span.

SETTLEMENT DOCUMENTARIES

Settlement Documentaries are used for either mediation presentations or demand packages. These videos are not admissible at trial because the interviews included can be construed as hearsay.

These videos contain (3) distinct sections:

1. Life before the injury: Anecdotes of where your client was in their life pre-injury with their work/school, their role in the family, hobbies, community involvement, social life and plans for the future.

2. The injury itself and the hospitalizations, surgeries and rehabilitation process.

3. What life is like now living with the damages that resulted, what the daily routine is like now, changes that have occurred mentally, socially, career-wise and within the family structure and what the fears are for the future.

This video is comprised of interviews with your client, spouse, family members, co-workers, friends, treating/expert physicians, and life-care planners.? You basically want people who can give us a good picture of the before and after- which is the true point of this video

If applicable, we will also include current video of your client navigating through their activities of daily living, various therapies and home modifications. Home video footage or photos of your client, pre-injury, are added for a powerful contrast of lifestyles. Any existing news footage, hospital and rehab photos/video, X-rays, or scans can also be added for further impact.

These videos run roughly 25-45 minutes- depending upon the complexity of the injury and the medical journey involved. Obviously, if there were several surgeries needed, a long stay at rehab, complications with additional surgery as a result - the video will be longer.? If your client had a complicated medical journey, don’t shy away from keeping the video longer if you're sending to out to the insurance adjuster before any mediations. They will watch it. You can always consider creating a shorter version for the mediation presentation itself.

WRONGFUL DEATH VIDEOS

Wrongful Death Videos are very much like settlement documentaries in that they can only be used for either mediation presentations or demand packages since they only include interviews.

It is comprised of interviews with the surviving spouse, parents, children, other family members, co-workers, and friends.? Again- whoever can give a good description of life before and after- with a strict focus on the damages rather than liability.

Like a regular Settlement Documentary, these? videos also contain (3) distinct sections:

1. The decedent's life before their untimely death with their work/school, their role in the family, hobbies, community involvement, social life and plans for the future.

2. Learning about the fatal incident, the funeral, and tough milestones over the next year.

3. The damage to the family members left behind and their struggles to move forward to a new normal.

This video can also include home video footage and photos of the decedent, any news footage, police reports or any accident animation that can be provided.

These tend to be around 25-30 minutes- depending upon the damages and how many survivors are affected. Like settlement documentaries, these are usually sent out in demand packages or before the mediation, so it's ok if they are longer. A shorter version can be created for the mediation.

All of these videos discussed here need about 6-8 weeks to complete- a couple of weeks more if your interviewees speak another language and translation services and subtitles are needed.? So, please give yourself and your clients enough time to plan and schedule.

If you have any questions about what I discussed today, please call me at (617) 584-3179 or email me at [email protected].? I have been telling client’s stories for 30 years and would love to be a part of helping yours.