Effectively Presenting a Case During Settlement Negotiations is an Art Form
Effective presentation of a case begins long before the settlement discussions.
If the case is not aggressively and expertly prepared for trial, it cannot
be presented in the best light for settlement. If the defense does not
believe that you will try the case, they will not pay top dollar. Unlike
trials, where case presentation is limited by rules of evidence, there
are no limitations during settlement discussions.
Biren Law Group has developed many different presentation approaches.
The Los Angeles personal injury attorneys at Biren Law Group almost always
presents their clients' cases with a detailed settlement conference
or mediation notebook, which combines a textual description of the case
with supporting documents—which may include pictures, deposition
excerpts, medical reports, and more. This format allows for an uninterrupted,
cohesive presentation of every aspect of the case.
This is different than what can be presented during the give and take of
settlement discussions between the parties. Another benefit of a detailed
written presentation is that it preconditions the settlement conference
judge or mediator to believe in the merits of the case. Equally important,
it can educate the defense on the value of the case and eliminate any
doubt about Biren Law Group's level of preparation.
Of course, our firm will never disclose
everything to the other side.
Another approach used by our firm is to highlight important aspects of
the case through computer-assisted visual presentations. These presentations
are not only effective communication tools, but they also serve as a preview
of the type of presentation that the defense can expect at trial if the
case is not resolved.
On occasion, we have felt that it would be beneficial for the defense representatives
to observe important witnesses first-hand in order to reinforce particular
strengths of the case. Sometimes, we will even present our client during
the mediation. Other times, doctors or experts will be invited to talk
about disputed aspects of the case which we suspect the other side might
have misconceptions about.
Perhaps the overriding character of Biren Law Group's settlement preparations
and presentations is creativity. Over our 40-year history, we have utilized
numerous imaginative approaches to illustrate the merits of our cases.
Videotape: In one settlement conference involving a container that was dropped from
a crane, we started the settlement conference by showing an excerpt from
Lethal Weapon 2 where a similar incident was filmed.
Demonstrations: In one case involving a scissor lift tip-over, we rented a similar device,
tested it under similar terrain and recreated the accident.
Graphic Evidence: Our firm often includes particularly gruesome photographs in its settlement
brochures because they drive home the human horror of bad accidents, even
if the court might not let them into evidence.
Excerpts from Focus Groups: In one case, we showed the excerpts of value discussions, showing that
the minimal values being considered by the jury were considerably higher
than the maximum values previously considered.
Schedule Your Free Consultation with the Team at Biren Law Group Today
Biren Law Group has developed a tremendous capability of selecting the
most effective method of presentation to fit the unique characteristics
of the case. As a result, our firm has amassed an extraordinary record
of settling cases for top dollar. In total, we have recovered more than
$500 million in damages for our clients.
Contact Biren Law Group today for a free initial consultation.