7 Keys to a Strong Wrongful Death Case

12/03/24 • 9 min

The Effective Lawyer

Summary

In this episode, Zinda Law Group CEO and founder Jack Zinda goes over his 7 keys to a strong wrongful death case.

Discussed in this Episode:

Identify who is an eligible client
Conflict of interest
Discuss settlement amount
Identify sources of recovery
Look at subrogation
Release language
Plan ahead

Identify Who is an Eligible Client

It’s really important to know who can and cannot be considered eligible to bring a case. These are almost always direct family members outside of siblings. This can differ from state to state, so always check this before moving forward.

Conflict of Interest

Establishing who you should represent and how to divide the funds is a crucial step in avoiding many of the headaches that come with these kinds of issues. You can often use common sense to figure out the best path forward, I.E., not representing both a stepmother and an adult child who doesn’t get along.

Discuss Settlement Amount

Before you get too far along in the process, it’s important to have the dollar amount set. Once there’s real money on the table, it can be much more difficult to have these conversations.

Identify Sources of Recovery

Don’t trust the insurance company, business, or anyone involved with the defense regarding insurance policies. Oftentimes, you’ll need to pry to get them to reveal sources of recovery that they wouldn’t have done on their own.

Look at Subrogation

Representing the client incorrectly (like how “Paul” represented the estate instead of an individual person) can completely change how and where the money is distributed. Look at the downstream effects and try to imagine what the outcome could be.

Release Language

Make sure to tie everything up in regards to who can make a claim to the money on the off chance that an unknown parent, child, or family member who was previously undisclosed makes themselves known.

Plan Ahead

It might sound obvious, but doing your due diligence before you begin your case will make all of the difference in the outcome. Utilize any and all information you have access to, including other lawyers.

You can reach Jack at:

[email protected]

512-246-2224

Summary

In this episode, Zinda Law Group CEO and founder Jack Zinda goes over his 7 keys to a strong wrongful death case.

Discussed in this Episode:

Identify who is an eligible client
Conflict of interest
Discuss settlement amount
Identify sources of recovery
Look at subrogation
Release language
Plan ahead

Identify Who is an Eligible Client

Conflict of Interest

Discuss Settlement Amount

Before you get too far along in the process, it’s important to have the dollar amount set. Once there’s real money on the table, it can be much more difficult to have these conversations.

Identify Sources of Recovery

Look at Subrogation

Release Language

Make sure to tie everything up in regards to who can make a claim to the money on the off chance that an unknown parent, child, or family member who was previously undisclosed makes themselves known.

Plan Ahead

You can reach Jack at:

[email protected]

512-246-2224

Previous Episode

Avoiding Common Plaintiff Errors: Lessons from Both Sides of the Courtroom

Summary

In this episode, Zinda Law Group CEO and founder Jack Zinda is joined by Lead Trial Lawyer Drew Bell. They discuss common errors from both sides of the courtroom and the lessons they’ve learned.

Discussed in this Episode:

Avoid overreach
Pellet issues
Advocacy mistakes
Telling the story
Asking for money
Attacking witnesses
Discover battles

Avoid Overreach

Drew talks about the concept of “playing it vanilla” when you’re a plaintiff lawyer and how that differs from being a defender. As a defender, you’re often tasked with finding ways to elicit emotional responses from the jury in a way that masks or avoids the reason for the case. The defender may look for something the plaintiff lawyer presents and may attempt to spin it.

Pellet Issues

As a defender it could be in your best interest to allow the plaintiff lawyer to make mistakes. Allowing the plaintiff to submit evidence that won’t help their case or even hurts their case gives you more opportunity to poke holes. Bringing in a pellet council can be a great way to ensure that problems don’t slip through the cracks.

Advocacy Mistakes

“Jury selection is Opposite Day” for defendants. Instead of trying to find jurors who will be favorable to your case, you’ll instead want to weed out those who will judge your case most harshly. Some preconditioning can be fine, but it’s much more important to get rid of the jurors who are going to kill your case.

Telling the Story

One of the biggest mistakes plaintiff lawyers can make is spending too much time on the story. While it’s important to present enough evidence in your case, you have to make sure that you aren’t getting lost in the narrative and cause the jury to check out. Jack suggests watching true crime documentaries and watch how they concisely tell the story.

Asking for Money

If you are able to, you should test your number with an audience. A big mistake can be asking for more than what the jury thinks the case is worth. It’s also worth noting that revealing the number too early or too late can cause the defense to attack that number or shock the jury by the number. Getting an expert witness who doesn’t have any direct connection to damages awarded can be effective as well.

Attacking the Witnesses

Don’t be a jerk when it comes to attacking witnesses. Just because something was “bad” doesn’t mean that it will win over the jury. Jack provides an example of a defense attorney who attacked the plaintiff’s mother and how badly it backfired.

Discovery Battles

Drew talks about the balance between having a “scorched earth” amount of evidence vs. running your trial too efficiently and the issues that can result from each side.

You can reach Jack at:

[email protected]
512-246-2224

Next Episode

From Newsroom to Courtroom: Max Massey’s Journey from TV Reporter to Attorney

In this episode of The Effective Lawyer, Zinda Law Group CEO and founder Jack Zinda is joined by Associate Attorney Max Massey as they discuss Max’s unique journey from TV reporter to attorney.

Discussed in this Episode:

How being on television can help you in the courtroom
Max’s transition into law
Finding your motivation
How to excel as a reporter and lawyer
Advantages of being a professional before becoming a lawyer

How Being on Television Can Help You in the Courtroom

Max talks about the importance of being good at public speaking and how being a TV reporter helped him gain confidence. As a reporter, you often speak with people who are having some of the worst days of their lives. These experiences can help you understand how to talk with people empathetically and give you tools to explain their stories before ever entering a courtroom.

Sink or Swim

When starting out in any career with a public speaking element, sometimes it’s better to be put out there before you are 100% ready than to wait until the perfect moment and allow your nerves to get the better of you. Max and Jack both recount stories of times when they were thrown into situations and had to sink or swim.

Max’s Transition into Law

As Max’s television reporter career progressed, he often found himself wondering why they didn’t have someone on the team with a law degree. They would often have to find guest experts to weigh in on issues and Max thought that it would be easier if someone on the staff could be that expert. Eventually, he was faced with the choice between climbing the ladder to become an anchor or commit to law school.

Finding Your Motivation

Balancing school and a job can be overwhelming, so how did Max do it? Make a pre-itemized list, create a contract with yourself, and hold yourself accountable. Max excelled in school and was a standout on the negotiations team.

How to Excel as a Reporter and Lawyer: Simplicity

Max lays out how he simplifies the message he’s trying to convey. You may only have 60-90 seconds on the news to explain the story, so challenging yourself to simplify the story as much as possible while still getting the point across is an excellent practice.

Advantages of Being a Professional Before Becoming a Lawyer

Having a foundation of work professionalism is so important for the transition into law. It’s one thing to understand law, but the soft skills that are gained by being in a professional environment are invaluable.

You can reach Jack at:

[email protected]
512-246-2224