{"id":353547,"date":"2016-12-16T15:07:19","date_gmt":"2016-12-16T20:07:19","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/torts-and-personal-injuries\/wrongful-death-by-police.html"},"modified":"2025-08-12T15:04:43","modified_gmt":"2025-08-12T20:04:43","slug":"wrongful-death-by-police","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/torts-and-personal-injuries\/wrongful-death-by-police.html","title":{"rendered":"Wrongful Death Claims Against Police"},"content":{"rendered":"\n
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Wrongful Death Claims Against Police<\/h1>\n\n
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\n By Lark Lewis, J.D.<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

Suffering the loss of a loved one could happen because of a police officer’s negligence or misconduct. If so, you may have the option to file a wrongful death lawsuit. A civil lawsuit can yield damages for lost companionship, pain and suffering, and more.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Police officers take an oath to serve the communities they patrol. Yet, police work can get chaotic in the heat of the moment. Sometimes, officers violate the rights of civilians\u00a0or act negligently. These negligent acts can lead to unjustified injuries and deaths.<\/p>\n

A law enforcement officer may face\u00a0criminal charges, including\u00a0homicide<\/a>, if their acts lead to the death of another person. But they may also be liable under civil law as well. The surviving family might sue the officer or their department.\u00a0<\/p>\n

The following information provides an overview of\u00a0wrongful death<\/a> by police claims. A\u00a0personal injury lawyer<\/a>\u00a0or civil rights attorney<\/a> can also give you more specific advice for your case.<\/p>\n

Can I Sue the Police for Wrongful Death?<\/h2>\n

It depends on the circumstances, but the answer is often yes when police misconduct was a factor in the cause of death. Police cases have a few differences from typical wrongful death cases, but the underlying issue is the same: someone causing an otherwise avoidable death.<\/p>\n

People can die because of someone else’s negligence or intentional act. Surviving family members may seek monetary compensation for their loss by filing a wrongful death<\/a>\u00a0lawsuit.<\/p>\n

Most wrongful death lawsuits are filed in state court. However, you can file a wrongful death by police claim in federal court if the police have violated your loved one’s civil rights<\/a>.<\/p>\n

A city or municipality may defend claims of wrongful death on behalf of its police departments. The city might instead choose to settle the claim to minimize negative publicity. Settling is optional, and the plaintiff can decide whether to negotiate an offer or go to trial.<\/p>\n

Surviving relatives typically sue the applicable police department rather than individual officers. This approach is based on the fact that some jurisdictions extend qualified immunity<\/a> to individual public employees in certain situations, which are described below.<\/p>\n

Qualified Immunity in Wrongful Death Cases<\/h2>\n

Qualified immunity has gained more attention in recent years, especially in light of high-profile cases like those of George Floyd<\/a>, Breonna Taylor, Amir Locke, and many others killed by police. This legal protection can sometimes block wrongful death civil claims against individual officers. Yet, it doesn’t apply in all cases.<\/p>\n

For example, a 2008 federal appeals case\u00a0<\/a>displays the limits of New York’s qualified immunity statute. The decision grants qualified immunity to police officers only if there is no willful violation of the law. So, the question in these wrongful death claims often focuses on whether the officer’s actions were legal and appropriate for the circumstances.\u00a0<\/p>\n

Suppose a suspect dies after an officer properly uses methods approved by the department. The officer may be personally immune to a wrongful death lawsuit in that case. A court might instead find the police department itself liable for approving those methods if they are unreasonably dangerous.\u00a0<\/p>\n

Most states also provide immunity to agencies for civil liability for personal injury or wrongful death claims from a car accident<\/a> with a criminal suspect driver. However, police officers must use special care if they start a car chase.<\/p>\n

Police Misconduct and Police Brutality<\/h2>\n

A law enforcement officer’s reckless firearm use can be considered police misconduct. Peace officers may use force in proportion to what is needed. This force may include deadly force if reasonable. If a police officer crosses the line into unreasonable, excessive force, that act is police brutality.<\/p>\n

For example, a child with a toy gun resembling a legitimate firearm poses no threat to the public. If an officer doesn’t know the object is a toy, the officer’s decision to shoot the child could still be an act of justifiable self-defense.<\/p>\n

These issues are complex. Speak to a wrongful death attorney to explore the possibility of a\u00a0wrongful death case<\/a>\u00a0in situations like this.<\/p>\n

Most states require a\u00a0preponderance of the evidence<\/a> when determining liability in civil cases. Federal law requires a slightly higher burden of proof (clear and convincing evidence<\/a>)\u00a0for claims of civil rights violations. Courts often use the standard of whether specific actions are so egregiously in violation of one’s civil rights that they\u00a0shock the conscience<\/a>.<\/p>\n

Damages and Settlement Amounts<\/h2>\n

Damages and settlement amounts vary substantially from one jurisdiction to the next.<\/p>\n

A year-long\u00a0investigation of fatal police shootings in 2015 by The Washington Post<\/a>\u00a0found that:<\/p>\n