San Bernardino Lawyer for Wrongful Death by Police Officer

San Bernardino Attorney for Wrongful Death by Police Officer

The wrongful death of a loved one is a devastating tragedy, especially when the event leads to the need for a San Bernardino lawyer for wrongful death by a police officer. If you have lost someone due to the excessive or unjustified actions of a police officer in the area, know that you are not alone and have legal rights.

At Greg Peacock Law, we fight relentlessly to hold law enforcement accountable and to try to help ensure that your family receives the justice, accountability, and compensation they deserve for police brutality.

Wrongful Death by Police Officer

Call Greg Peacock Law today at
(949) 292-7478 for your Free Consultation!

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Why Choose Our San Bernardino Wrongful Death by Police Officer Lawyers?

Wrongful death cases involving police officers are not only emotionally painful but also legally complex. Police departments have legal protections and resources that make it difficult for families to obtain justice on their own. That’s why working with an experienced wrongful death attorney in San Bernardino is crucial.

At Greg Peacock Law, we understand the local and state laws that apply to these cases, including California’s wrongful death statutes, civil rights laws, and government immunity defenses. Our legal team is dedicated to advocating for families who have lost a loved one due to police misconduct, negligence, or excessive force.

What Is Considered Wrongful Death by a Police Officer?

Wrongful death by a police officer occurs when a law enforcement officer uses unreasonable, excessive, or illegal force that results in a person’s death. This could include:

• Police shootings without justification
• Use of lethal force on unarmed individuals
• Taser deaths
• Chokeholds and other prohibited restraint methods
• Failure to render medical aid after an arrest
• Negligence during a police pursuit
• Deaths in custody due to a lack of care

Each of these circumstances may give a reason for a valid wrongful death claim, depending on the facts and legal standards. Our firm investigates every detail to determine if your family has grounds to file a claim for civil damages.

Who Can File a Wrongful Death Claim in California?

Under California law, the following individuals may be eligible to file a wrongful death claim:

• The deceased person’s spouse or domestic partner
• Children of the deceased
• Parents or legal guardians
• Other dependents on heirs, or no direct family exists
• The deceased person’s spouse or domestic partner

What Compensation Can You Recover?

A successful wrongful death claim in San Bernardino may provide financial stability and hold law enforcement accountable. Families may be entitled to compensation for the following:

• Funeral and burial costs
• Medical expenses prior to death
• Lost income and future financial support
• Loss of companionship, love, and guidance
• Emotional pain and suffering
• Punitive damages

Notable Wrongful Death Cases and Settlements

An analysis revealed that in 74% of police shootings by San Bernardino officers, non-deadly force was not attempted prior to the use of lethal force. While there have been a significant number of fatalities involving law enforcement officers, some of the more notable ones are:

• Rob Marquise Adams: In 2022, Adams was fatally shot by San Bernardino police officers. The family filed a wrongful death claim, and the city settled the claim for $4 million.
• Kyle Briones: In 2018, Briones died after being restrained by police officers. Although the coroner ruled the death as natural, the family contested this finding and settled a wrongful death claim for $2.75 million.
• Nathanael Pickett: In 2015, a jury awarded $33.5 million to the parents of Pickett, who was fatally shot by San Bernardino County Sheriff’s deputies.

How We Investigate Police-Involved Wrongful Death Cases

Winning a case against a police officer or department requires strategic investigation and fearless advocacy. Our approach includes:

1. Collecting Evidence
2. Hiring Medical and Forensic Professionals
3. Analyzing Police Reports
4. Filing Government Claims
5. Fighting in Court

When to File a Claim

Under California’s Government Claims Act, you have only six months from the date of death to file a claim against a public entity like a police department. Delaying your case could result in losing your right to compensation.

FAQs

Who Investigates Local Police Misconduct?

Local police misconduct is typically investigated by internal affairs divisions within the police department. However, external agencies may also be involved to ensure accountability. These include civilian oversight boards, local prosecutors, state attorneys general, or independent review commissions.

In serious cases, federal agencies like the FBI or the Department of Justice may intervene. The specific process varies by jurisdiction, but the goal is to ensure transparency, uphold the law, and maintain public trust in law enforcement.

Can I File a Claim Against a Police Officer in California?

Yes, you can file a claim against a police officer in California for misconduct, such as excessive force or civil rights violations. Claims may be filed under state law or federal law. However, officers have qualified immunity, which can limit liability. It’s crucial to act quickly and consult an attorney, as strict deadlines apply.

How Much Can You File a Claim for Police Brutality?

The amount you can file a claim for in a police brutality case depends on several factors, including the severity of the injuries, emotional trauma, and the impact on your life. Courts may award compensation for medical expenses, lost wages, pain and suffering, and punitive damages. Each case is unique, and the final settlement or judgment reflects the specific circumstances and evidence presented.

Is Wrongful Death a Criminal Charge?

No, wrongful death is not a criminal charge. It is a civil claim filed by the deceased person’s family or estate against a party believed to be responsible for the death due to negligence or misconduct. The goal is to recover financial compensation for losses such as medical bills, funeral costs, and loss of income or companionship. In contrast, criminal charges like manslaughter or murder are prosecuted by the state and can result in imprisonment or fines.

Get in Contact With Us Today

If you’ve lost a loved one due to the actions of a police officer in San Bernardino, you don’t have to face this difficult time alone. Our experienced wrongful death attorneys are here to help you seek justice and hold those responsible accountable. We understand the pain and urgency involved in these cases and are committed to providing compassionate, aggressive legal support every step of the way.

Contact us today so we may begin working on your case and helping you move forward from the life-altering and difficult situation.