Why "Day in the Life" Videos Are Powerful in Arbitration
Unlike traditional trials, arbitration relies heavily on documentary evidence and concise presentations. A well-crafted DITL video can:
- Humanize the client – Arbitrators, like jurors, respond to emotional storytelling. A video showing real struggles (e.g., difficulty bathing, and attending painful PT sessions) is far more compelling than medical records alone.
- Undermine defense minimization tactics – Insurers often argue that injuries aren’t as debilitating as claimed. Video evidence counters this by documenting limitations objectively.
- Increase settlement leverage – When defense counsel sees a strong DITL video, they’re more likely to negotiate favorably pre-arbitration.
- Streamline testimony – Instead of lengthy direct examinations, the video efficiently showcases the client’s daily challenges.
Best Practices for Filming an Effective DITL Video
1. Focus on Authenticity, Not Production Value
- Avoid overly polished edits—arbitrators may perceive them as staged.
- Use natural lighting and minimal cuts to maintain credibility.
2. Capture Key Activities
Film the client:
- Performing tasks they could do pre-accident (e.g., lifting groceries, playing with kids)
- Attending medical appointments or therapy
- Struggling with mobility, household chores, or personal care
3. Include Supporting Elements
- Medical professionals on camera (with consent) explaining limitations.
- Family members describing how the injury has changed the client’s life.
- Timestamps/logs to prove continuity and prevent claims of exaggeration.
4. Keep It Concise
- Ideal length: 5–10 minutes. Longer videos risk losing the arbitrator’s attention.
- Highlight the worst days (without misleading editing) to show true impact.
Presenting the Video in Arbitration: Tactical Considerations
1. Lay the Foundation Early
- Disclose the video in pre-arbitration submissions to avoid surprise objections.
- Pair it with an affidavit from the videographer or treating physician authenticating its accuracy.
2. Frame It Properly
- Opening statement: Preview the video’s purpose—e.g., “This video shows what Mr. Smith’s ‘recovery’ actually looks like.”
- Post-viewing: Tie specific moments to damages (e.g., “As you saw, Ms. Jones requires assistance to dress—this is why we’re seeking home care compensation.”)
3. Anticipate Defense Objections
Common challenges and rebuttals:
- “The video is prejudicial.” → Argue it’s probative—it directly illustrates claimed limitations.
- “It’s edited/manipulated.” → Provide raw footage or a filming log to verify authenticity.
- “It’s unnecessary; medical records suffice.” → Contrast clinical notes with real-world dysfunction shown in the video.
Ethical and Legal Considerations
- Avoid Misrepresentation: Never edit out moments where the client functions well; selectivity can backfire.
- Privacy Concerns: Obtain signed releases from all participants (including medical providers).
- State Rules: Check local arbitration guidelines—some jurisdictions require pre-approval for multimedia evidence.
Case Study: A DITL Video That Changed the Outcome
In a recent motor vehicle arbitration case, the insurer offered 150K pre-hearing. After submitting a DITL video showing the client’s agonizing morning routine (30 minutes just to get out of bed due to spinal injuries), the arbitrator awarded∗∗475K**—citing the video as "indisputable evidence of daily suffering."
Final Strategy Tip
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