7 Keys to a Strong Wrongful Death Case

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:

jack@zindalaw.com
512-246-2224