Wrongful Death Police Suit: Can I Sue the Police?

The police are there to protect us and keep us from harm — not cause it. One of the most devastating things about a wrongful death at a police officer’s hands is the confusion that it instantly causes. You need an expert advocate from the beginning if you suspect negligence and fault in the death of a loved one.

It is not just about having someone that has your best interests in mind. You will need a professional lawyer to help file a lawsuit against the police when the storm settles, and they have decided that a law enforcement officer is negligent.

What Are Wrongful Death Suits?

The first thing someone who has suffered such a loss needs to understand is what negligence means. The definition is that it is when someone fails to act or take the proper care to keep others safe. When a police officer causes injury or death, it feels so much worse because they are who we trust to protect us.

Wrongful death suits must meet those standards. Your attorney will work with you in deciding the best course of action. Other examples of wrongful death lawsuits include victims who — were intentionally killed, suffered from medical malpractice, and were in a fatal car crash.

It would be best if you had an attorney as soon as possible because it is up to you to meet the burden of proof. A lawyer who specializes in wrongful death suits knows what you need so that you do not carry that heavy load on your own. You are going through the worst moments of your life. The last thing you need is to worry about is gathering paperwork and handling potential witnesses.

It is not easy to pursue a wrongful death suit against law enforcement agencies. And you will want to research and do your due diligence to find the right attorney for you. You want to find someone with an upstanding reputation, an understanding of wrongful death suits when it comes to law enforcement, and how the court system functions in these types of civil cases.

Suing the Police for Wrongful Death

All law enforcement offers take an oath to protect and serve. The truth is, some situations escalate, and chaos ensues.  But instead of adhering to their vow, sometimes they violate people’s civil rights or commit negligent acts.

When wrongful death happens, it is up to you and your attorney to prove you lost someone to an officer’s negligence. Filing a civil lawsuit will not be easy, but it is the only chance some people have to seek justice. Typically, wrongful death claims against the police include the cost of pain and suffering, loss of companionship, and other damages.

It is harder to seek a settlement from a police department because it is their job to make split-second decisions about deadly force in dangerous situations. It is up to your attorney to gather all the information — body cams, 911 dispatches, CCTV footage, etc. 

A professional lawyer will file the wrongful death lawsuit in the city or jurisdiction where the wrongful death occurred. But certain public employees such as police officers have qualified immunity if there were no willful violations of established law. It means that if a law enforcement officer used approved techniques and methods, it would be much more challenging, if not impossible, to get a positive outcome from a wrongful death suit. 

What Happens in a Wrongful Death Suit?

It would help if you had an attorney on your team because there are two separate courts you can file a wrongful death suit in — federal and state. In the case of civil rights violations, an attorney will typically make the filing on a federal level. Improper training, including mishandling the use of force, is generally filed in state courts. 

In some cases, the law enforcement agency at fault will decide to settle the case out of court. It is your decision and your decision alone whether or not you will accept it. Your attorney is there to advise you but not to accept a monetary amount.

When no settlement is agreed upon, the wrongful death lawsuit goes to the courtroom. The decision by a jury will depend upon the facts and evidence presented. State courts require “preponderance of evidence” when deciding on liability in wrongful death civil cases. Federal courts require a little more. It must have “clear and convincing evidence.” 

Most attorneys will not even charge you until after you have settled or won the court case. You do not want to have to worry about finding funds during such a devastating time in your life.

Wrongful death suits are not easy, and money will not make up for what you have lost. However, it is your right to seek compensation for pain and suffering and other damages. Sometimes it is the only way to get justice when it gets mishandled.

The police are there to protect us and keep us from harm — not cause it. One of the most devastating things about a wrongful death at a police officer’s hands is the confusion that it instantly causes. You need an expert advocate from the beginning if you suspect negligence and fault in the death of a loved one.

It is not just about having someone that has your best interests in mind. You will need a professional lawyer to help file a lawsuit against the police when the storm settles, and they have decided that a law enforcement officer is negligent.

What Are Wrongful Death Suits?

The first thing someone who has suffered such a loss needs to understand is what negligence means. The definition is that it is when someone fails to act or take the proper care to keep others safe. When a police officer causes injury or death, it feels so much worse because they are who we trust to protect us.

Wrongful death suits must meet those standards. Your attorney will work with you in deciding the best course of action. Other examples of wrongful death lawsuits include victims who — were intentionally killed, suffered from medical malpractice, and were in a fatal car crash.

It would be best if you had an attorney as soon as possible because it is up to you to meet the burden of proof. A lawyer who specializes in wrongful death suits knows what you need so that you do not carry that heavy load on your own. You are going through the worst moments of your life. The last thing you need is to worry about is gathering paperwork and handling potential witnesses.

It is not easy to pursue a wrongful death suit against law enforcement agencies. And you will want to research and do your due diligence to find the right attorney for you. You want to find someone with an upstanding reputation, an understanding of wrongful death suits when it comes to law enforcement, and how the court system functions in these types of civil cases.

Suing the Police for Wrongful Death

All law enforcement offers take an oath to protect and serve. The truth is, some situations escalate, and chaos ensues.  But instead of adhering to their vow, sometimes they violate people’s civil rights or commit negligent acts.

When wrongful death happens, it is up to you and your attorney to prove you lost someone to an officer’s negligence. Filing a civil lawsuit will not be easy, but it is the only chance some people have to seek justice. Typically, wrongful death claims against the police include the cost of pain and suffering, loss of companionship, and other damages.

It is harder to seek a settlement from a police department because it is their job to make split-second decisions about deadly force in dangerous situations. It is up to your attorney to gather all the information — body cams, 911 dispatches, CCTV footage, etc. 

A professional lawyer will file the wrongful death lawsuit in the city or jurisdiction where the wrongful death occurred. But certain public employees such as police officers have qualified immunity if there were no willful violations of established law. It means that if a law enforcement officer used approved techniques and methods, it would be much more challenging, if not impossible, to get a positive outcome from a wrongful death suit. 

What Happens in a Wrongful Death Suit?

It would help if you had an attorney on your team because there are two separate courts you can file a wrongful death suit in — federal and state. In the case of civil rights violations, an attorney will typically make the filing on a federal level. Improper training, including mishandling the use of force, is generally filed in state courts. 

In some cases, the law enforcement agency at fault will decide to settle the case out of court. It is your decision and your decision alone whether or not you will accept it. Your attorney is there to advise you but not to accept a monetary amount.

When no settlement is agreed upon, the wrongful death lawsuit goes to the courtroom. The decision by a jury will depend upon the facts and evidence presented. State courts require “preponderance of evidence” when deciding on liability in wrongful death civil cases. Federal courts require a little more. It must have “clear and convincing evidence.” 

Most attorneys will not even charge you until after you have settled or won the court case. You do not want to have to worry about finding funds during such a devastating time in your life.

Wrongful death suits are not easy, and money will not make up for what you have lost. However, it is your right to seek compensation for pain and suffering and other damages. Sometimes it is the only way to get justice when it gets mishandled.

Wrongful death suits are not easy, and money will not make up for what you have lost. However, it is your right to seek compensation for pain and suffering and other damages. Sometimes it is the only way to get justice when it gets mishandled.

Leave a Reply

Your email address will not be published.