Riverside Wrongful Death by Police Lawyer

Riverside Wrongful Death by Police Attorney

Losing a loved one at the hands of those trusted to protect the community can be particularly devastating. If your family is facing this unimaginable loss due to excessive force or misconduct, an experienced Riverside wrongful death by police lawyer from Greg Peacock Law can help you get the answers and justice you deserve. We understand the complexities of law enforcement claims and work to hold police officers and departments accountable for their actions.

Wrongful Death by Police Attorney

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Wrongful Death by Police

In 2024, 1,260 deaths were reported at the hands of law enforcement. Of this figure, 96% happened by shooting. However, only nine of these cases ended in charges for the offending officer.

Wrongful death cases occur when an officer uses excessive or unjust force that causes the loss of life. These cases often involve violations of civil rights under the U.S. Constitution, which is meant to protect individuals from unreasonable searches and seizures. Some examples of wrongful death by police include:

• Use of chokeholds or other improper restraint techniques
• Neglecting medical care for detainees in distress
• Fatal shootings during traffic stops or arrests
• Deadly force used against unarmed or non-threatening individuals
• Excessive tasing or beatings

Families can pursue legal action against police departments, officers, or municipalities responsible for the death of their loved ones. Greg Peacock Law can help you pursue a settlement to provide financial relief during difficult times and help prevent future tragedies with law enforcement.

Legal Grounds for Filing a Wrongful Death Claim Against Law Enforcement

Claims against law enforcement can be particularly difficult and come with strict procedures and deadlines. The police are required to follow certain legal methods. If they don’t, you may have grounds for a claim. Some common occurrences that may qualify for a police wrongful death case in Riverside include:

• Excessive force. If an officer uses more force than necessary under the circumstances, it may constitute a violation of rights. Deadly force is only justified if there is a reasonable threat to the officer or to others.
• Failure to intervene. In some cases, officers may witness excessive force by another officer and fail to stop it before it’s too late.
• Negligence or reckless conduct. If officers acted recklessly or failed to follow proper procedures, such as ignoring mental health crises or escalating a situation, they could be held liable.
• Unlawful arrest or detention. If the death occurred during an arrest or an unlawful search, the officer or agency can be held accountable.
• Municipal liability. Police departments and municipalities can be liable for improper training, failure to discipline officers who have a history of misconduct, or policies that promote aggressive tactics.

California wrongful death claims are filed under state law. At Greg Peacock Law, we carefully assess the circumstances surrounding the death to determine which legal strategies would prove the most effective.

Compensation in a Police Wrongful Death Case

The justice system allows families to recover financial compensation for their losses after a police-involved death. Greg Peacock Law works to pursue maximum compensation for every client. Some damages that may be recovered in a wrongful death case include:

• Funeral and burial expenses
• Medical bills incurred before the victim passed
• Loss of a decedent’s income and future earnings
• Loss of benefits
• Loss of companionship and moral support
• Pain and suffering
• Emotional distress

If the act was particularly egregious, punitive damages may be awarded to further punish the offending officer.

Proving Wrongful Death by the Police

Wrongful death claims by law enforcement require significant evidence. Police officers are often protected by qualified immunity, which shields government officials from civil liability in many cases. Overcoming this defense requires factual evidence showing that the officer violated established legal rights. We work to gather evidence to build a strong case, which can include:

• Police body cam footage, surveillance videos, and dashcams
• Eyewitness testimony or civilian recordings
• 911 transcripts
• Autopsy reports and medical examiner findings

Footage from the police can be obtained through the local Riverside department at 10540 Magnolia Ave.

We have a thorough understanding of constitutional protections and California State law. Our goal is to effectively demonstrate how the officer’s conduct was not only wrongful but also violated federal rights.

FAQs About Riverside, CA Wrongful Death by Police Laws

What Are the Odds of Winning a Wrongful Death Claim?

The odds of winning a wrongful death claim vary based on the evidence presented, the skill of your legal representation, and the specific circumstances of your case. Plaintiffs must prove that the defendant’s negligence caused the death and that the surviving family suffered as a result. Instances of clear liability have a greater chance of success.

How Much Can You File a Claim Against a Police Department for?

You can sue a police department for damages related to misconduct, such as excessive force, civil rights violations, and false arrest. The compensation amount varies based on injury severity, the rights that were violated, and whether punitive damages are awarded. Since filing a claim against a public entity requires a specific and detailed procedure, consulting with an experienced attorney is essential.

How Do You Win a Wrongful Death Claim?

To win a wrongful death claim, you need to prove that the defendant acted negligently, recklessly, or intentionally in a way that caused your loved one’s death. This typically requires demonstrating a duty of care, breach of duty, causation, and measurable damages. Evidence includes professional testimony, accident reports, medical records, and witness statements.

Can Police Officers Be Personally Liable?

Individuals can file a claim against a police officer directly if they believe their constitutional rights were violated or if misconduct is suspected. Instances of false arrest, excessive force, and other types of misconduct can be grounds for a potential claim against an officer. However, officers have qualified immunity, which can make pursuing your claim against a single officer very difficult.

Contact a Riverside Wrongful Death by Police Lawyer

Losing a loved one because of police misconduct is both unjust and extremely traumatic. You may feel overwhelmed about taking on a government entity in the face of grief, but you don’t have to do it alone.

Greg Peacock Law can provide guidance, support, and aggressive representation to hold law enforcement accountable. Our Riverside wrongful death lawyers evaluate every aspect of your case and help you determine your legal options.

Contact us today to schedule a consultation so we can begin securing the compensation you deserve.