Police brutality has been a topical issue in the last few years, with many high-profile cases reported in the United States and other countries, which show how abuse of power results in catastrophe.
Another grave and painful consequence of such misconduct is the wrongful death.
Familiarizing oneself with the legal status and issues that families go through in such cases is vital in pursuing justice and ensuring that those who have wronged them are brought to the book.
What Are the Elements of Wrongful Death Caused by Police Brutality?
Wrongful death happens when the death of a person results from some negligent, reckless, or intentional act by another person.
This often occurs when the police officer is the one who caused the death due to the use of excessive force, shooting, or any other misconduct.
These sad events not only break families apart but also contribute to the lack of confidence in the police.
The legal rights of the victims’ families
The legal rights of the victim’s families are meant to afford the victims justice and at least some form of compensation for their loss. Wro These rights include the following:
Filing a Wrongful Death Lawsuit:
The surviving family members can sue the police officer(s) involved in the shooting and, in some instances, the police department. This civil action aims to show that the officer caused the death of the victim through his wrongdoing.
Seeking Damages:
In civil wrongful death cases, families can claim several forms of damages, including:
- Economic Damages: Specifically, it entails paying for items such as lost wages and funeral costs.
- Non-Economic Damages: The general area of focus is the presence of emotional pain, suffering, and loss of companionship.
Challenges Faced by Families
Nevertheless, the families suffer numerous challenges when seeking justice for wrongful death caused by police misconduct. These challenges include:
Qualified Immunity:
Law enforcement officers are usually entitled to what is referred to as qualified immunity which is a defense that shields them from suits for damages unless they acted unconstitutionally and in clear violation of a known constitutional or statutory provision.
This can prove very challenging in the process of trying to charge the officers or to bring them to justice.
Proving Misconduct:
To prove that an officer was wrong in their actions and deliberately killed the victim, one needs strong evidence.
This often entails combating biased investigations and getting other tangible evidence, such as body cam footage, which might not be easy.
If you are also stuck in such a situation then you should contact a wrongful death lawyer near you as they can help in proving misconduct of police.
Institutional Resistance:
An unfortunate reality is that police departments and their attorneys may fight wrongful death claims aggressively and use different strategies to undermine the victim and defend their officers.
This can be very much a burden to families in terms of emotional and financial aspects.
Public Perception:
Police misconduct leading to wrongful death can be a very sensitive issue and at the same time, may be highly contentious.
Families may suffer from stigmatization, which may result in them being attacked by other members of the public, thus increasing their grief and stress levels.
Actions to be Undertaken in the Event of Wrongful Death Caused by Police Brutality
If you believe a loved one has died due to police misconduct, it’s essential to take the following steps:
Seek Legal Counsel:
Seek the services of a lawyer who has specialized in wrongful death and police brutality cases.
They can help explain your legal rights and assist you with the legal procedures that you have to follow.
Preserve Evidence:
Try to collect any relevant material that would help you strengthen your position, such as witnesses’ statements, doctor’s reports, and if there is any video footage of the incident.
File a Complaint:
File a report with the police force in the jurisdiction where the incident occurred. This can trigger an internal investigation and establish a record of your complaint within the organization.
Support Networks:
Get involved with families who are victims of police brutality by joining support groups and organizations. Befriending these groups can help because they can offer encouragement and information on how to proceed legally.
