In California, wrongful deaths can occur for a variety of reasons. The most frequent reasons include criminal activity and auto accidents. However, there are wrongful death cases where police officers have used fatal force. Many of these fatalities are unjustified and the result of bad behavior and abuse by police. Contact a Los Angeles wrongful death attorney if you lost a loved one in a confrontation with a police officer to learn whether you have a legal claim.
Can I File a Wrongful Death Lawsuit Against the Police Officer?
First of all, it’s crucial to realize how challenging it can be to bring a wrongful death lawsuit against a police officer and the organizations they represent. As long as they didn’t willfully break the law when the injury or death occurred, police officers often have some amount of qualified immunity from injury claims. However, a knowledgeable California wrongful death attorney will typically be able to establish when a police officer acted intentionally or grossly negligently by reviewing the details of each specific case.
What Gives Rise to Wrongful Death Claims Against Police Officers?
Different fatal police tactics can result in a wrongful death of another person. This includes things like:
- Police shootings
- “Hog-tying”
- Asphyxia brought on by restraint
- Utilizing “spit hoods”
- Suffocation
- Use of “less than fatal” force during chokeholds (including beanbag guns, rubber bullets, batons, pepper spray, etc.)
- Ignoring calls for medical help, etc…
Are Wrongful Death Cases Against Police Officers Filed in State or Federal Court?
Depending on the nature of the complaint, wrongful death claims involving police officers may be heard in both state and federal courts. Federal court will hear the case if you allege that the police violated the civil rights of your loved one. Improper training cases can be heard in state court. You can choose the proper courthouse to file the case in with the assistance of your lawyer.
Understanding Qualified Immunity in Wrongful Death Claims Against Police Officers
Qualified immunity is a legal doctrine that shields police officers from liability for actions taken during their official duties, as long as those actions do not violate clearly established laws or constitutional rights. This immunity can make it difficult for families to hold officers accountable in wrongful death cases.
However, in instances where an officer’s actions were grossly negligent or intentionally harmful, qualified immunity may not apply. In these situations, victims’ families may have a viable claim for compensation. A skilled wrongful death attorney can help determine whether the officer’s conduct falls outside the scope of qualified immunity, making a lawsuit possible.
The Role of Police Training in Wrongful Death Cases
In some wrongful death cases, the police officer’s actions may stem from inadequate training, improper use of force, or failure to follow established protocols. Police departments are responsible for providing proper training to their officers to prevent harm during encounters with civilians.
If a wrongful death is caused by poor training, the police department may be held accountable for failing to adequately prepare its officers. A California wrongful death attorney can help assess whether the officer’s lack of training played a role in the fatality, and whether the department’s policies or failures contributed to the tragedy.
What Is the Time Limit for Filing a Lawsuit in California?
You understandably need time to process the loss of a family member. However, you must move fast if you intend to file a case against the person who caused the death. You have two years in California to launch a wrongful death case. You won’t be qualified for payment once that time period has passed.
For this reason, you should contact a California, wrongful death attorney right away. We will assess your case and give you wise legal counsel.
How Much Compensation Can a Family Members Receive?
Various forms of compensation may be possible if you lost a loved one as a result of a police officer’s negligence or malicious behavior. Surviving family members typically qualify for the following sorts of compensation:
- Payment of all pre-death medical costs
- Pain and suffering
- Payment for any income or benefits the deceased might have received during his lifetime but didn’t receive
- Compensation for the loss of the support, care, protection, nurturing, and friendship
- The full amount of products and services the dead would have provided, etc.
In some situations, a municipality or agency might like to resolve the matter quickly, especially if the evidence against them is convincing. This can result in family members receiving a settlement offer. But in order to get the compensation you and your loved ones deserve, it could be necessary to take the wrongful death case to trial if a reasonable settlement offer is not made.
Kaass Law Lawyers are Here to Help
If you have lost a family member due to negligent actions committed by a police officer, our expert team of wrongful death attorneys at Kaass Law will help you recover compensation for damages you have suffered.
Contact us today by calling (310) 943-1171 to schedule a consultation with our knowledgeable, caring, and compassionate legal team who specializes in a variety of cases.