Building a Strong Wrongful Death Case

In this episode of The Effective Lawyer Podcast, Jack Zinda and Max Massey tackle one of the most challenging areas of personal injury law: wrongful death cases. Whether you're a solo practitioner or part of a small firm handling your first wrongful death claim, this episode breaks down the critical mistakes to avoid and proven strategies for maximizing value for your clients' families.

🔑 What you'll learn:
How to correctly identify the right cases
Creating family trees to navigate complex beneficiary relationships
Handling conflict of interest issues between multiple beneficiaries
Using aggregate settlement agreements before money is on the table
The difference between beneficiary claims and estate claims
Maximizing case value through comprehensive jury charge preparation
Discovery strategies: depositions, interrogatories, and records requests
How to avoid the "liability stipulation" trap at trial
Handling missing beneficiaries and subrogation issues at settlement
The power of storytelling to humanize your client and maximize value

💡 Key Takeaways:
Know exactly who you represent and get proper documentation
Always prepare a detailed jury charge with multiple damage blanks
Think through conflict issues early
Get your client's story and tell it powerfully

📧 Have a question for Jack? [email protected]

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Chapters:
0:00 - Introduction: Bar Results and Getting Started
2:20 - What Are Wrongful Death Cases?
2:54 - Pitfall #1: Identifying Your Clients
4:16 - Understanding Estate Claims vs. Beneficiary Claims
4:57 - Handling Multiple Beneficiaries and Conflicts
7:30 - Aggregate Settlement Agreements: Timing is Everything
9:18 - Documentation and Representation Agreements
11:45 - Discovery Strategy: Depositions and Records
14:30 - The Jury Charge: Your Secret Weapon
17:22 - Maximizing Value Through Comprehensive Damages
20:23 - Pre-Death Pain and Suffering Evidence
21:23 - The Liability Stipulation Trap
22:33 - Post-Settlement Issues and Challenges
24:09 - Top 4 Takeaways for Wrongful Death Cases
25:46 - The Power of Storytelling in Trial