ILNews

Settlement documentaries can be persuasive tool

Dave Stafford
July 18, 2012
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Carolyn Dudley’s husband, Indiana State Trooper Gary Dudley, was killed six years ago when he was struck by a freight truck during a charity bike ride in Vermillion County.

A short video about his life, and the event that caused his death, was critical to winning a settlement in a wrongful death case against the trucking company.

“I think it was a huge help to us,” Dudley said in an interview. “It brought my husband to life for a few minutes to let potential jurors and attorneys see who he was.”

Attorneys representing clients in wrongful death and severe personal injury cases often find that video is the key to reaching a settlement.

For more than two decades, settlement video brochures – short documentaries used to demonstrate and personalize claims for damages – have been a tool to litigate cases where an alleged loss is great.

“I use them quite frequently,” said David Craig, a partner with Craig Kelley & Faultless LLC in Indianapolis who represents plaintiffs in trucking and commercial vehicle personal injury and wrongful death lawsuits. “I think there’s no better way to show the other side the value of a case than actually showing it to them.”

Settlement videos do that, often in powerful ways. A video in a wrongful death case, for instance, might include interviews with event witnesses, police, family members, character witnesses and others. Personal injury videos might include statements from medical experts and “slice of life” evidence regarding how a claimant’s life has been changed by the event that’s the subject of the suit.
 

il-documentary02-15col.jpg Image Resources Inc. President Dave Fulton, center, stages a mock settlement video shoot with his son, Chris, as producer Jori Weber runs the camera. Fulton started the company in 1994 and has made videos for cases in almost every state. (IL Photo/ Perry Reichanadter)

In cases where claims for damages could be $1 million or more, Craig said, “I can’t imagine not using” a settlement video.

Craig said his firm’s in-house staff does some videos, but the work sometimes is farmed out to professionals, usually dictated by the demand for damages.

Roy Tabor of the Tabor Law Firm LLP in Indianapolis won a multimillion-dollar settlement representing Dudley. Tabor said settlement videos are widely used because they are effective and illustrate loss, and they clue defendants to not just the nature of the claim, but also the credibility of potential witnesses.

“In wrongful death cases, or serious burn injury cases, or cases involving brain injury or very, very serious injury, there’s not a substitute for spending a day and going through a day in the life of what the injured party goes through and what the survivors are going through,” Tabor said.

“It’s a very effective way to depict intangible losses – love and affection, enjoyment of life,” Tabor said.

“It’s what a jury is going to see” if a case proceeds to trial, he said.

Tabor also won a multimillion-dollar settlement representing the estate of fallen Indiana State Trooper Andy Winzenread, who was struck by a truck and killed in 1997 as he helped a motorist pulled off to the side of an interstate.

“The big thing is, when the case is going on, it all seems to be happening so fast,” said Cindy Winzenread, widow of Andy Winzenread. “Everything’s kind of in a fog. (The video) brings it all back together.”

Producing a niche

Dave Fulton is president of Indianapolis-based Image Resources Inc., one of a handful of companies around the country focusing on producing settlement videos. He said the goal with each project is to produce a “60 Minutes”-quality presentation.

“We’ve built up a clientele pretty much coast to coast,” Fulton said. Since the company began in 1994, he estimated it’s done 800 to 900 settlement videos for cases in almost every state. His company produced the settlement videos in the Dudley and Winzenread cases.

“One thing we take great pride in is all of our documentaries are authentic,” he said, noting that interviews are unrehearsed and people on camera are not coached.

“The words they’re saying are sincere, not canned; it’s not something that’s scripted. I don’t think any other medium besides video can capture that,” he said.

Fulton followed an early love of video to a TV/radio degree from Ball State University. He later worked in the attorney general’s office for a time before finding a niche where he could combine both areas of expertise.

“I decided to start my own company based on the needs of law firms,” he said. “I dovetailed that with my experience working with attorneys at the attorney general’s office.”

The company now employs three full-time and several part-time and contract employees.

Image Resources’ clients are typically those in which a potential award for damages is great, Fulton said. The company charges an upfront fee developed from a proposal, and Fulton said the cost for most settlement videos ranges from about $5,000 to $15,000, based on estimated shooting and editing time, complexity, travel and other factors.

A unifying feature of the videos he produces is plaintiffs whose cases are compelling.

“It would be very rare and unusual for us to get a project about a plaintiff whose injuries were not profound and severe,” he said. “And likewise, from a liability standpoint, the preponderance of the evidence points to the defendants.”

Framing the case

Video producers and attorneys who rely on settlement videos say they help the defense understand the case and can help expedite settlement.

Defense attorney Thomas Farrell said that’s true in some cases, but not always.

“A lot of it depends on timing. If you’ve already spent two years, which is the amount of time you might spend litigating a wrongful death case, often you don’t learn that much new from a settlement video,” Farrell said. “In my experience, they probably are more helpful at the front end than they are after you’ve already spent many, many hours working a case over a couple of years.”

The disposition of the defense toward possible settlement also likely outweighs the impact of a settlement video, he added.

An attorney at Scopelitis Garvin Light Hanson & Feary P.C. in Indianapolis, Farrell’s representation concentrates on defending trucking and commercial driving enterprises, mostly in catastrophic accidents resulting in death or serious injury.

He’s seen numerous settlement videos and said the range of quality is broad.

When a settlement video is presented, he said, “I go into it with an open mind, and I think having seen a lot of them, there is some historical reference that some of them are pretty overdone sometimes, but I try not to let that influence how I’m going to look at the one that’s just shown up.”

Particularly in wrongful death cases, Farrell said, plaintiffs and defendants must be genuine. A settlement video that lacks that, he said, could be counterproductive and raise more questions than it answers.

“They often try to tug pretty hard at the heartstrings. That’s not all bad, but that can’t be your entire perspective,” he said.

Whether or not a video helps lead toward a settlement, Farrell said it may inform the defense about what the potential exposure could ultimately be.

In the case involving her husband’s death, Dudley believes the settlement video helped expedite a settlement with Towne Air Freight. “I think it had a huge impact on that,” she said. “We did a mock trial and presented evidence and then the video at the end, and all of them said it had a huge effect.”

Perhaps an unintended consequence – the videos sometimes stand as a tribute. Winzenread said the video has helped her daughter, who was 1 month old at the time of her father’s death, find answers.

Dudley still has a copy of her settlement video, too.

“Parts of it are difficult to watch,” she said, “but most of it is good.”•

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  1. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

  2. This guy sounds like the classic molester/manipulator.

  3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

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