Demonstratives Can Get You to a Larger Settlement Faster
In these pandemic times, where trials are few and far between, the defense often believes they have the upper hand because they can simply starve you out. They figure that eventually you and your client will cave and accept an unfair low settlement offer. Now more than ever, you must resist taking unfair settlement offers, as the defense is trying to set a new low for value across the board. There is a different path and one that is much better for your client – be the bulldog, be relentless, and be the advocate your client deserves. Instead of just hoping for a handout from the defense, you should be filing motions to compel them to produce those items which they have refused to produce, take every deposition you need, and maybe some you normally would not take (you never know the nuggets of evidence folks will give you in a deposition).
The benefit of trials being delayed is that this is the time when you can be getting every single case you have in your pipeline trial ready, which includes getting your animations and medical illustrations completed. When you are the type of firm that holds defense attorneys and their clients accountable for their discovery misconduct and discovery abuses, you become the firm that they want to get rid of, and they know the only way to make you go away is to pay your client a fair settlement amount. When the defense finally comes to you and asks for mediation, you should lay out the terms that you will agree to mediate. Once you get to mediation, you need to be prepared to do a presentation – if the mediator will not let you do a presentation to the defense, that is a mediator you should not be using. During the presentation is when you roll out your animation(s) and medical illustration(s), and that is when the adjuster knows it is time to pay because they know that an attorney who is willing to invest the time and money to have demonstratives prepared for mediation is an attorney who is ready, willing, and able to take a verdict in the case. We have seen over the years, when plaintiff attorneys have their animations and medical illustrations at mediation, the value paid on the case almost always goes up significantly.
Take advantage of this “bonus” time to work on ways to increase your settlement offers – I guarantee that adding demonstratives to your arsenal is one way to make that happen.
By Sean Claggett
Sean Claggett, founding partner of Claggett & Sykes Law Firm, is one of the most successful trial attorneys in the country. A 2003 graduate of UNLV’s William S. Boyd School of Law, Sean was honored as Alumni of the Year by the Boyd School of Law in 2010; has been recognized by Legal Aid of Southern Nevada for his Pro Bono work; and was selected by his peers as Nevada Trial Lawyer of the Year in 2017. Sean was also named to Courtroom View Network’s 2020 “Who We’re Watching” list and currently serves as an adjunct professor in Law Practice Management at UNLV Boyd School of Law. He is frequently sought after to consult or join as co-counsel on cases proceeding to trial due to his extensive experience and success at trial.
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Our team of animators, illustrators and medical professionals are ready to make your demonstratives ready for your next mediation or litigation. Click on the link below or give us a call (702) 849-0090.