Michael Jainchill, Esq. – RisCassi & Davis: “The Janet Pulver case resolved through a mediation. Judge Elaine Gordon was our mediator. What made Janet Pulver perfect for video really had to do with the nature of the loss that was suffered in that particular case. Ordinarily in a wrongful death case you have somebody who is a wage earner, who may be 40 years of age, they’ve got an earning capacity, they’ve got a work life expectancy, that type of thing. Janet’s situation was unique because she had retired expressly to take care of her grandchildren.”

“So, we needed to get across the type of person she was, the nature of what kind of an individual she was. (excerpt from video) It was that, coupled with the fact that this was probably one of the most dramatic motor vehicle collisions I had ever seen in almost 40 years of doing this. I mean the liability was outrageous, the speed at which the vehicles collided, and then her suffering, because she lived for 28 hours before she unfortunately passed away in the hospital. That needed to get across, and you could do it much more dramatically with a video presentation, with photographs of the scene, and with interviews of the family members. (excerpt from video) The judge who was the mediator, she has gone out of her way to express to me how significant that was in making her understand what the loss was to this family. If you just looked at the statistics, it gives a different flavor than if you try to make people understand what this woman’s life was really all about and what it meant for her, and to her family, for her to pass.”

“What I do with these is I will send it to the mediator and the defense lawyer and the insurance company ahead of the mediation. In Janet’s case, we actually sent it out before they asked for mediation. So I think it might have been instrumental in making them interested in mediating the case. But it was completed and it was done. Ordinarily what we would do is we would send it out at the time we send out the position statement, so usually that’s a week or so before a mediation or before a pretrial or that type of thing. And what we’ve learned to do, is to embed a link, to the video itself in the written position statement, which we then send electronically.”

“It’s so worth the effort and energy, and even the expense, because it’s not inexpensive to do it. But like anything else, if you do something correctly, if you do it the right way, it’s always worth it. This was a way to make people understand that the loss in these kinds of cases is far more than the pure economic loss.”

– From an interview with Michael Jainchill, Esq. of RisCassi & Davis, Hartford, CT recorded June 2018

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