If someone you love was recently killed through the negligence or reckless actions of one or more police officers—whether being mortally wounded as a bystander to a shootout or fatally injured by an officer after being taken into custody for a minor violation—you may be wondering whether you have any legal recourse against those responsible for the death of your loved one.
Filing a wrongful death claim against a private party can be complex, and adding a public entity into the mix can mean you'll need to make some tough decisions. Read on about the situations in which you may be able to obtain a wrongful death judgment against the police officers responsible for your relative's death, as well as how you should proceed.
What are some situations in which you may have grounds for a wrongful death lawsuit?
In order for you to succeed after taking the officers or department responsible for your relative's death to court (the "defendants"), you'll need to establish a few key factors. First, you'll have to show that you have the legal right to file a lawsuit on your relative's behalf (standing). Each state has laws setting out the specific relationships who are allowed to file a wrongful death lawsuit on behalf of a deceased individual—usually parents, spouses, or minor children. Some states also permit siblings or adult children to file wrongful death lawsuits in certain cases where no nearer relative can be found.
After you've established that you're entitled to sue for your relative's death, you'll also need to prove several factors relating to the cause of death. You'll first need to demonstrate that the defendants owed your relative a certain duty of care and violated this care through negligent or reckless behavior. For example, if police officers fired a taser at your relative and caused him or her to suffer a fatal heart attack, you'll need to argue that this action went above and beyond what may be considered reasonable force and should be considered a negligent breach of an officer's duty to keep citizens safe.
Finally, you'll need to prove that this negligent or reckless breach of the duty of care was the direct cause of your relative's death. Sometimes this can be evident—a gunshot wound or broken neck. In other cases, particularly if your relative had a preexisting health condition or was under the influence of illegal drugs or alcohol at the time of his or her death, proving that death would not have occurred but for the officers action can be a challenge.
How should you proceed if you think you have a successful lawsuit?
Even if you feel the evidence you have makes this an open and shut case, it's important to consult an attorney to help determine the best way to go about filing a claim and recovering monetary damages. Making a mistake in your self-represented case could allow a judge to dismiss your claim and prevent you from re-filing. You'll need to investigate the statute of limitations in your case and determine whether there are any special notices that must be filed when suing a government agency.
In some cases you may even be able to include an equipment manufacturer in the lawsuit. Tasers, pellet guns, firearms, and other police equipment can occasionally malfunction, sometimes leading to serious or fatal consequences for those on the other end of a weapon. If your loved one's death involved the use of a piece of police-issued equipment, failing to add in the manufacturer could decrease the total amount of money you may be able to recover in a judgment.
After your attorney has done these preliminary investigations, the case will be filed. Both you and the defendants will have the right to seek information from the other side in a process called discovery. After each side has gathered evidence to mount a claim, a trial will begin and you'll argue before a judge or jury that the defendant should bear legal and financial responsibility for your relative's death. The judge or jury will determine liability and issue a decree of judgment.
