INTRODUCTION
The use of media in the process is certainly more the norm than the exception. In fact, surveys show that plaintiff use of the media not to offend the jury, as one might think, or make jurors believe plaintiffs attorney is excessive. Instead, expect the jurors use of technology and see it as responsible, if used by both sides. The same is true in general, using common, the strongest to be said for preempting the need for a studyPresentation for ADR and mediation, invited with the aim of an agreement. What makes a video to bring to the table? Simply, there is no other medium that will communicate effectively the non-economic damages to your case such as the emotional sledgehammer of a well-produced DVD documentary. While the empirical formula for the valuation of a case is a multiple of 3.5 of the economic loss can be a documentation of this value as much as ten times or more clearly the difference in the boostPlaintiff's life. By tapping into the non-economic damages with a thoughtful documentation DVD, see even jumped closer to recover the elusive full value of your TBI cases. Remember, the ADR goal is not to bring the regulator to tears, but to convince the adjuster that you get a jury to tears. The use of video is the best way to achieve this.
Videotape has traditionally been the media of choice in the presentation of brochures, or Day-In-The-Life. Today, however,DVD is far more widespread. A few years ago, we ran into compatibility issues with CD versus DVD and CD-R, DVD-R versus CD-RW and DVD-RW. Even if a disc was used to record, playback was a problem because some formats to work on computers and other on home DVD player. The labyrinth certainly brought back many would-be users to ensure the safety of traditional video tape, along with its fast-forward and reverse delays and snafus. The TBI case is complex by nature, conducive to presentation of DVD at trial andMediation (or other ADR). This article attempts to unravel the mystery with DVD. In addition, we are simple solutions and methods for the preparation of the case, offer TBI DVD. Rather than focusing on the admissibility issues at the trial, we will be mainly on the real intent, that may accompany a production for mediation. The effort will greatly assist you for experimental purposes. Finally, we will examine how damage more compelling digital media.
Formats andTECHNOLOGY
For years, video tape came in every imaginable shape and size - Betamax, Betacam, U-Matic ¾ ", 1-inch, Betacam SP, VHS, VHS-C, SVHS, 8mm, Hi8, Digital8 - and this is just the tip of the iceberg. The next step in the digital revolution was CD-ROMs. During this storage format was easy enough, there was the confusion, when a dozen or more video formats began competing, led by MPG, AVI, MOV, and. Each requires its own player application on the computer to play theFile. Then began to catch on DVD. It offered far superior audio (better than an audio CD) and video. had smelled a request was made to burn small quantities of discs, the manufacturer went into overdrive, as it reaped the profits of the JVC to VHS format. The demands on the file system of the DVD was the same everywhere, but the nature of the actual storage disk properties changed. We had DVD-R, DVD + R, DVD-RAM, DVD-ROM, plus the "RW" versions. Even the nerdish the Techieswere running screaming into the streets. Unfortunately, there is no more, not by a long shot. With the forthcoming High Definition (HD DVD) formats Blu-Ray and AOD (Advanced Optical Disk), we will all soon be a whole new vocabulary of the alphabet soup on our hands. Here is all you need to know about DVD formats know:
1) Use DVD-R for everything. The discs are only about fifty per cent and it is the universal format. You should find that it plays back on just about any tabletop playeror PC drive.
2) Ignore HD DVD formats for the moment. Honestly, if you want a higher quality, in a DVD player, the "double-DVD" to invest a component, HDMI or DVI output. The image of a modern store-bought DVD drive is located on a beautiful high-definition televisions with one of these players. Let years to settle the dust for a few types before you take the leap into this new one.
Decide whether the case is your RIGHT FOR PREPARING DVD
Before you everContact a Digital Media Production Company, you will need a thorough investigation of the case. It is both a waste of a client's money and the attorney to invest the time, is one such project, without itself not to mention the relevant considerations, project to present the embarrassment if your it is inaccurate or premature. One way to approach the decision is to ask yourself whether investing $ 5,000 to $ 10,000 or more, is also likely to increase the settlement value is several timesof that amount. If the answer is yes then you are a service to your customers and the matter forward. Even if you think the value of the case can increase by several hundred thousand $ 100,000, is the very modest investment. Some cases are well suited to digital production and the decision is easy. Other times, cases are not as well suited, but still be candidates for the production. An otherwise mediocre case can get a better result when it presents mediocre dynamically. If theAdhesion is weak can to support the digital media in clarifying the defendant assumptions and misconceptions. If the damage is questionable, is the digital media the way your customers and the doctors present. Ultimately, the production explain the case clearly. As studies expensive and uncertain, applicants should be willing to consider using ADR and particularly mediation. The defendants are also from unsafe out and are willing to sit through a presentation. The bestTime, ideally, would be to mount before the proceedings. However, the reality is that to solve cases much closer to trial, and thus the timing of mediation usually coincides with the forthcoming trial. Preparation for mediation with a DVD presentation is excellent preparation for study effort, if you do it right. In addition, depending on the content production, parts production for the study will be used according to jurisdiction.
PREPARING FOR THE FALLDVD
Depositions
Preparation begins at the beginning. If you need to create a DVD, or even you may think you have to capture moments in the video (preferably digital) planning. As you discovered, "plan to have deposits recorded on video.
- Do not hesitate to videotape defense experts or witnesses. It's amazing what you observe on the tape a memorial at a later date and use to make your case.
- Make sure your own video experts, as they are very effective inExplanation of your customer injury or liability of the defendant.
- Videotape your witnesses, including witnesses, before and after.
- And finally videotape officers, paramedics and other officials and ensure they participate in uniform.
The cost of a one-hour video deposition varies, but often is about $ 250. This is in addition to the court reporter and an expert fees. But the effort is only part of a larger end. Considering that many videographers' feescover building and makes digital equipment for the deposition. Three considerations:
- Have the videographer arrive early enough to set up, especially if you have a defense of the expert deposition and payment of a fee;
- Try to set up multiple statements in a timetable;
- Do you see any demonstrative evidence of the camera;
- And be sure to use a digital video camera.
Since you are on video, you should prepare the questions specificallyand plan to elicit from the sequencing of the information you want. Court reporting technology including live score allows immediate flagging parts of a deposit and may be useful to come out "golden nuggets" that during the deposition bookmarks. Do not you counsel Rattle; Maintain your composure. This is your show, literally. In many countries, and under the Federal Rules, videotaping a deposition question of the right side. Check local regulations to see if you are asked to lead terminationto the opposing party (see FRCP 30).
EXPERTS 'PORTAL
Opposing experts do not like to be recorded on video. It is easier to push an illusion in a transcript, as it on video. No doubt the experts will have moments, many of them, if it looks impenetrable. But that is how they seek at the hearing. You can use the moments of vulnerability. Remember, the entire video tape will not be used in the final product, only Golden Nuggets from it. The defense expert has probably writtena report that, if believed, requires that most of what plaintiff experts have said that completely wrong. A video capture will help to reveal the mistake in thinking. With the simple approaches, seeking work great on video. Getting the expert to admit it has not been verified or is strong with a complete file or specific information. Typically, the expert is trying to dismiss the unverified information as unimportant, and the tests look better on video then on the paper.You should make your own video expert. Insurance adjusters are typically about plaintiff expert in letters told of defenders. Now they can see them on the big screen. Let the adjuster assess the impact of the expert. Send the tape to defense counsel with a second copy and a letter that they sent the cable to the insurance company sends a message. The cost of additional video tape is nominal. Send it says: "Here, look at my case for you."
Another reason to video tapeTheir own experts to try to echo the defender with annoying questions. When trying to use the defense to discredit the dismissal of the plaintiff tried to experts, with the possibility to view the jury had the entire deposition, regardless of the length, and hear the roar of defenders is almost comical. The video capture plaintiff experts, the video, the presentation of the plaintiff in the case of the DVD. This is a huge improvement over the use of voice-overs, while adsa deposition transcript or report.
WITNESSES
Do not be afraid to video tape or defense witnesses. Also, the "Golden Nugget, you can miss is worth more than the cost of video. Defense witnesses are not professional witnesses, as experts and can mimic and tonal qualities that do not make the written transcript reveal. These are extremely powerful for the final set. witnesses are not familiar with being asked questions under oathlet alone, although he recorded on video. Take advantage of their vulnerability. The truth comes out when a witness is pretty honest, is not working deception.
OFFICIALS
filmed by a uniformed police officer is huge. In cases where there are several officers, each of which is in the final composition to give a great effect on the viewer. Police officers are normally very rigid on videotape but that is great for our purposes. Let her stoic, skepticalBroadcast personality. This in turn can come through a viewer, such as a very independent opinion. Do not miss the opportunity. Similarly, paramedics are sold in uniform. This lends credibility to the level of their knowledge and experience in such matters and builds trust what they say.
More is more
Never think you have too much or video that you recorded enough witnesses on video. Even if the camera is not on and a Golden Nugget momentoccurs, you will know. You will literally feel it, and you will not be happy. You may have a lot of material, if you start to create the slides on your case about how it has developed, but, as they say, you can always cut more hair off, but you can not glue them back on. Thus more than enough. Know that you are not using the vast majority of what you have. And know that a lot of work needs to go into edit mode and the search for the many golden nuggets you found your way.
BECREATIVE
Video depositions are essential to the final product. But do not stop there. What else is there? Permissible at the trial or not, it can help explain, damages or liability, or dare we mention, sympathy? Crash photos, reviews and photos coroner, injury awards, medical records and reports from some ideas. The use of B-roll: the hospital entrance, the wreck, the path of travel, not that the message more attractive. The manufacturer should be able to conductFurther interviews of people not sold, or overlooked by the defense and powerful Capture-Day-In-The-Life Video, among others. Of course, the lawyer for the producers is to be discussed as below, should support.
Bring together the right producer for THE STORY
Of course it is important that you team up with a video writer / producer who not only understands all the intricacies of video production, but also has great knowledge and experience in working with the uniqueNeeds of the plaintiffs' lawyers. Do not try to put in your usual deposition videographer, since they can not experience beyond videotaping a deposition. Also, not the team that recorded the rental of your last run of the TV commercials on video. You may be able to craft unusual tidbits, but they do not know the mechanics of the case, a plaintiff. Ask your colleagues, which they like to use. If you find a video producer to ask to see examples of their work. The video is to communicate the story, and isthe quality with which you feel comfortable? Remember, the editing and the pace of the final product should be comparable to what you see on primetime TV, but this time with a legal theme.
Stratification of ELEMENTS
The process of creating the different elements that you have collected into a polished presentation, is a time-consuming. You have to not collect the material will not be able to sort through them overnight over night, and your producer. The manufactureris to begin by determining the needs of the audience, in this case the adjuster. What does the adjuster have to know to make an informed decision to solve the case? First, of course, liability will be indicated. The producer will bring all the disparate elements of your case together in a short, easy to observe data. Only the most exciting parts - the Golden Nuggets - your documents, your experts, and the statements you've so carefully thought through will come to video tapeto explain in perfect alignment, why the defendant is the cause of your TBI case.
If the liability is relatively uncontroversial, are short and go to the damages. The adjuster must be a clear understanding of how you present your case at trial: who the witnesses as they come over, their testimony and, if the Day-In-The-Life (DITL) images, which you the jury to . show In moderate to severe TBI cases show the extracts DITL your customersphysical, occupational and speech therapy. We see the morning routine, and why your customer is likely to care, maybe 24 hours a day need for the rest of his life. In a mild TBI case, we see daily examples of problems your customer has with balance, taste, smell, sight, short-term memory, personality, and the myriad other symptoms with which he will be burdened permanently. The finished video is an overlay of information, which serves as a microcosm of your trial presentation.Consider this:
A) The video will begin with a tapestry of deposition statements and written reports to explain convincingly the defendant's role in the fall;
B) We continue with excerpts from the treating neuropsychologist deposition or video statement, the severity and duration of TBI;
C) Next, at the top level, we see the DITL presentation that you will show to the jury;
D) During the set screw just the DITL, he hears statements from family andFriends we have about how the TBI has spun the plaintiff's life changed;
E) After the DITL video, the family and friends clear and concise description of the applicant before the illness - its activities, family life, provider status, etc.;
F) snapshots and videos to illustrate these points to show then the applicant the quality of life before the TBI, told in the words of those who know him best;
G) Finally, the plaintiff's grim future, and how hisLife is not improving.
A FRCP 30 (b) (2-3) ... (2) The Party, the deposit record the state in the notice, the method statement which should be after. Unless the court orders are otherwise recorded by sound, sound and visual, or stenographic means, and the party at the deposition shall bear the costs of recording. Any party may arrange for a transcription from the recording of a deposition made made nonstenographicmeans.
(3) with prior notice to the witnesses or other parties, either party may designate another method of deposition record of the witness's statement, in addition, the method specified by the person under too. The additional recording or transcript costs that must be made at that party, unless the Court otherwise orders.
The producer will need to know when the final video show on a standard TV monitor or a widescreen 16x9, so that the videoedited with the correct aspect ratio. Note that professional DVD authoring allows for creative flexibility in additional audio tracks, subtitles, chapter points, and so on. You must decide whether to send the video to the adjuster two minutes in the four weeks in advance, or use it as part of your presentation to the ADR. There are advantages and disadvantages of each. Argue, forces an adjustment or a lawyer on the DVD with a mediator and in your presence to see is a successful concept. You may wish toStart of negotiations before the ads to get a feel for the opposition rating. Or you can decide before the DVD to offer compromises to see the negotiations for visual support to your customers. If you point to mediation to decide, think you need to use the equipment you for playing. Be sure you have tested the DVD into the player, and have successfully played from beginning to end before the mediation.
CONCLUSION
DVD is the currentTechnology that is stable and reliable. It is an excellent format for the preparation of the defense to visually understand your case. The goal is not to bring to the controller or defender to tears, but to make them understand that the jury be brought to tears. Finally, the extensive preparation during the discovery and development of your topic of evidence for trial or aid.
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