Digital TV & The Effect On Personal Injury Advertising

Digital XSM TV

January 5, 2021

I hear it a lot when I talk to Personal Injury Lawyers, ” I can’t compete with “Insert Name” in my local market as he spends Millions on advertising and I just can’t compete with that.
Well just like we changed the game for the mass tort lawyers by allowing the guy that wanted to spend $10,000 or $20,000 a month on Mass Tort compete “with the big guys” by using the Facebook platform, we are now doing the same for Personal Injury through Digital TV.
The changes we are proposing below for a new form of Digital TV Advertising will do the same in the local marketplace for Personal Injury Advertising. The reason being you will know your cost before you even enter the market place for Personal Injury. You will know what a call costs you and if you want to spend $10,000 a month in your local market on Personal Injury then you will know that as an example 50-75 calls will come in (dependent on local market and budget). Once you have established your conversion rate in your local market on the calls you will get to your cost per signed case.
So a small office could say, ‘”We just need 5-10 signed cases a month and we are golden.”
To do so, first we figure out what your conversion rate is on the calls and then we give the local TV stations a “Cost Per Action” number for your local market that will get you to those 5-10 cases a month with an ROI you can live with. If we assume the conversation rate on the calls are 10% and you are ok with a $2,000 cost per case in your local market we can offer the TV stations $200 per Action (Call).
Again we can put advertising in your local market for Personal Injury Cases knowing our Key Performance Indicators (KPIs) are as much in our favor as we can get it before we start advertising or taking risks.
  • Stability – You can get as much advertising as you want giving you a stable source of “Cost Per Action”
  • Predictability – After your first run you will know Conversion Rates and Cost per Case as “Cost Per Action” is stable, and even tends to go down as we dial things in.
  • Scalability – If you need more we can scale it faster by putting your offer out to more Local Stations.
  • Advertising risk – We let the media (TV Stations) take the risk, because that is how we roll!
Now the next question I always get from personal Injury Lawyers is this one, you may be guilty of asking this; “Well I really only want “18 Wheeler Cases that involve a motorcycle and a commercial van, can you target just for those?” So with Digital TV we now can do that as well. The spot we give the local TV Stations could be a spot with a singular focus on Trucking Cases, Motorcycle Case or Wrongful Death Cases. Because we only pay when somebody takes Action. Of course they are harder to find then regular MVA cases so our dollars we offer for an action has to be higher for the TV stations to run it; but our targeting coming from our Facebook data helps us in narrowing down what TV stations we should send the offer to and should help us and the TV stations produce a good ROI from the Cost Per Action model.
January will be filled with more Personal Injury Digital TV tests in different markets and as soon as we have numbers from different local markets we will post our findings on our website so the opportunity becomes transparent for all of our clients.
That isn’t saying you need to wait to get started, but if you are more risk adverse and need more data before you make your decisions, we will have that for you shortly.
Our fees are still just 15% of the your marketing budget for all we do and to leverage our 100M+ of historical data.  If your law firm wants to be part of this in your local market reach out to
In case you missed the announcement last week,
here is Digital TV Explained:
Digital TV: Stability and Scalability

Digital TV starts with a Look-A-Like Audience that we get from Facebook to find out what demographics, interests and behaviors our perfect clients have. With that in hand we can now pair that with their TV watching habits. While we all know that TV is typically a shotgun approach to advertising, by making a look-a-like audience for our TV buy it will narrow the audience down from being very large to being a little more targeted. It’s nothing like Facebook that looks at tens of thousands of data points, on Digital TV we look at maybe a thousand data points to narrow down our audience. While this is an improvement over traditional TV buys and offers the scalability of regular TV, it still is missing the predictability of Facebook and we also have not mitigated the risk of advertising where a spot can bomb and you’ve spent $25,000+ and get no sign-ups.
So we knew we had more work to do. We needed to find a way to mitigate some of the risks.
Digital TV: Mitigating The RISK
The next step was to try and mitigate the risk of traditional TV buys and create some predictability in the results like what we are seeing from Social Media advertising. The results ended up coming from a digital KPI metric we know as “Cost Per Action”. What if we could tell the Local and National TV stations that we would pay them on “Cost Per Action” thereby mitigating our risk where if we got no actions from the spot, it would not cost us anything? Almost sounds to go to be true right ?

Think about it in another way, what if we told the TV stations that by using our “Cost Per Action” model, we would actually be able to pay them more then they got from regular CPM or Spot advertising if the TV Spot ran to the Correct audience? So you show the TV Stations the upside and then of course you test and you test and then you test some more to get a WIN-WIN between our clients, the TV stations and the victims getting help. So now we have mitigated the risk by off-loading the risk onto the Media or the TV stations to make it work within our preset economics or they don’t get paid.

You can imagine the TV stations selling a spot on a “Cost Per Action’ getting no actions on the offer. Well I am sure in most cases it will only run one time as they did not make their money on it. What about the Law Firms when they run TV Advertising? Do you honestly think they understand their attribution metrics so well where they can stop a spot after one insertion because they did not see any actions on the offer? I think the law firm becomes the sucker, and will just keep paying the TV advertising without any RISK mitigation and after the campaign is done say “Well you can’t win every time” and chock it up to (name your own excuse here)…In my book and in a digital world these risks are called inefficiencies that do not help the Law Firm, or the victims, so they have to be eliminated.

Digital TV: Predictability

So we are down to one metric we need to square away and that is predictability. If you ask 100 X Social Media Clients what they will say they like the best about advertising on Social Media platforms with digital advertising is it’s the predictability of the results coming out the other end. For long term success in any business you have to have predictability to succeed. You get predictability from knowing your metrics and having enough data so the AI algorithm and Machine Learning on top can do its job on the advertising platform. Now unfortunately we have none of that on TV that we can work with, but we do have metrics we control. Let me explain.

We have two metrics we can control. One being the “Cost Per Action”. To understand Cost per action it goes something like this. We will report back to the TV stations the number of people taking action on our offer, taking action means they call the 800 number and they talk to our intake for 30sec maybe 1 min depending on what deal we can make with the stations. So we now take no risk when we advertise on Digital TV as we only pay when people call our intake and stay on the phone for a minimum of 30seconds. That of course leads to optimization on the intake side of things where you can ask 1-3 questions right up front to increase the probability of the caller qualifying.

SO the Intake script all of a sudden becomes really important because we want to accomplish 2 things; First, we want to make sure that people are qualified and we want to be honest with the TV station on what we are seeing as the more money the traffic from the TV station makes the TV Station the more inclined they will be to run our offer. So we move our intake questions around a little bit so that the main qualifying questions are up front and within the first 30 seconds.

Example Zantac Intake Script for Digital TV

  1. Did you take Zantac Over The Counter or via a prescription ? Yes/NO
  2. Have you been diagnosed with a Cancer ? What Cancer ?

Getting this out of the way early you have put up the main qualifying criteria and you are now ready to pay the TV station for an “Action.” Lets say we pay $100 per Action.

The second metric we can control is Conversion Rate. With big data we know that once you run a ton of traffic the conversion rate on that traffic stays pretty predictable over time. True you don’t know the conversion rate up front but after a couple $100,000 on each Mass Tort X Social Media will know it and share it on our website with our clients. So lets say that on our example above our conversion rate in 15%. That means for every 6.4 people I talk to I get one conversion (Signed Case). So our Cost Per Action offer for Zantac of $100 and with a conversion rate of 15%, gives us a final case cost for the advertising of $640.
Mass Torts & Personal Injury On Digital TV

Once we have defined the new metrics with the TV Stations – there are over 10,000 between Local and National and Cable, Direct TV and All the Cord Cutting Apps – we are now getting somewhere. And Now we start testing.

The first project we used this on at scale was towards the end of the Boy Scouts of America campaign. We clearly defined the Digital TV audience from a Facebook Look-A-Like Audience we had created through our previous $15M Facebook advertising spend to date. We ended up being able to pushing $2M in additional ad spend through Digital TV in the last few weeks of the BSA campaigns, generating cases for us between $1,000-1400 on average.

This “Cost Per Action” offer came in where our BSA started out on Facebook and after more then 10 million spend on Facebook, prices on FB started to go up where Digital TV started to go down. This amongst other reasons was because of the TV Bandwidth compared to the Facebook/Instagram bandwidth and saturation at the time. In our Digital TV offer we did go after the Open States as well so we segmented the campaigns to spend more in open states. (Open States are states that have legislation for a look back to when people were minors for any sexual abuse)

Zantac, Talcum powder, and Roundup are other campaigns we have run based on Look-A-like audiences from Facebook based on Qualifying Cancers. These campaigns all worked well as digital TV Campaigns + Facebook.

Now that we have laidout our Digital TV strategy we are ready to deploy it with our clients. In the new year we will start publishing Digital TV cost per Case and Facebook Cost per case on all torts we run. We hope our clients and new clients will try out our Digital TV strategy and enjoy the stability, predictability, scalability and most of all mitigating the risk of advertising on TV.
Contact for your next Digital TV + Facebook campaign.
Talcum Blended Digital TV + Facebook Example Currently Running
Happy New Year! May 2021 Bring You and Your Firm and Family
Happiness, Peace, and Profits!
Average Costs on Facebook for Mass Torts
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