Can You Sue for Wrongful Death Caused by Police in California?

Any unexpected death can be devastating. Learning that your loved one died due to police misconduct can lead to a search for accountability and justice. If your family lost a loved one during an arrest or detainment, you may be wondering, “Can you sue for wrongful death caused by police in California?”

The California wrongful death laws are complex and often require representation from a wrongful death attorney. They can help surviving loved ones gain answers about their loved one’s death and pursue compensation through the justice system.

What Qualifies as Wrongful Death by Police?

Police have the right to use deadly force to protect themselves and others when there is an imminent threat. If a police officer escalates a situation when they should have taken steps to de-escalate tension, they can be held accountable with a misconduct claim. When examining a wrongful death case, an attorney can gather evidence to determine whether the officer used careful judgment in the line of duty.

A wrongful death by police can happen when:

• Police shoot and kill someone who did not pose a clear threat of imminent harm.
• Officers ignore a suspect’s medical emergency or fail to provide needed care in custody.
• A stray police bullet strikes a bystander due to reckless or negligent firearm use.
• An officer uses excessive physical force during an arrest, causing fatal internal injuries.
• A police officer causes a deadly crash by operating a vehicle carelessly when there is no emergency.

A wrongful death by police attorney can examine the circumstances surrounding the death and provide surviving loved ones with advice on the optimal path to securing accountability. A successful claim in state or federal court can lead to compensation that helps the family members account for the loss of their family member, who may have financially supported the family.

Must-Know Wrongful Death Statistics

From 2013 to 2023, the San Bernardino Police Department made over 66,000 arrests, with 58% involving low-level, nonviolent offenses, according to Police Scorecard. During that same time, officers faced 231 civilian complaints, but only 20% were sustained.

Statewide, police encounters remain a pressing concern. Each year in California, around 195 people die during these encounters, and nearly 250 are shot. Many of these wrongful death cases occur not during the arrest itself but later, when detained individuals are denied adequate medical care in jails such as West Valley Detention Center in Rancho Cucamonga and Twin Towers Correctional Facility in Los Angeles.

These tragedies often affect neighborhoods that are already over-policed and underserved, such as Fruitvale in Oakland, South Los Angeles, and Highland in San Bernardino.

What Evidence Is Needed to Prove Police Misconduct?

To prove that police misconduct or negligence led to a loved one’s death, you can rely on eyewitness testimony. Sometimes, police stops are recorded or posted to social media. These videos can provide context on what happened before, during, and after the arrest.

The arresting officer’s own bodycam footage can also provide compelling evidence supporting a wrongful death claim. Medical records, including the autopsy report, can also provide the basis for legal action following a wrongful death by law enforcement.

FAQs

Q: What Is Considered Police Negligence?

A: Police negligence occurs when officers fail to act with reasonable care during their duties, and someone is harmed as a result. Examples of police negligence could include ignoring signs of medical distress. In other cases, the officer may use poor judgment during an arrest or violate established safety protocols. Unlike intentional misconduct, negligence may involve carelessness or inaction.

Q: What Is the Average Settlement for Police Misconduct That Leads to a Wrongful Death?

A: The settlement amount for any wrongful death claim varies based on:

• The harm done
• The strength of the evidence
• Whether government agencies accept responsibility

There is no standard settlement for police misconduct due to the complexity of these cases. A strong case should be based on evidence demonstrating how the officer or officers used excessive force or wrongfully detained someone.

Q: What Happens When Police Cause a Death During an Arrest?

A: When police cause a death during an arrest, it may be considered a wrongful death under established civil rights laws. Common causes of wrongful deaths can include chokeholds or unnecessary restraints. Often, these cases also involve officers ignoring the medical needs of the detained individual. Quick action is often required to preserve evidence, like witness accounts and body camera footage.

Q: What Is Qualified Immunity in Police Misconduct Cases?

A: Qualified immunity is a legal doctrine that shields officers from civil accountability unless they violate clearly established rights. Qualified immunity can block victims from recovering damages in certain cases. Courts examine whether a reasonable officer would know whether the action was unlawful. Injured victims or surviving loved ones can overcome this barrier by working with an attorney who has handled civil rights cases before.

Q: Can Families Take Action After an In-Custody Death?

A: Yes. If a loved one dies while in police custody, it may be the result of neglect, abuse, or failure to provide medical care. These cases often involve unanswered questions and missing documentation. Prompt action is critical to secure autopsy results, surveillance footage, and officer reports. An attorney can investigate what really happened and demand accountability for a preventable loss of life.

Reach Out to a Skilled Legal Representative in California Today

Wrongful death caused by police misconduct must be addressed quickly, especially when critical evidence needs to be preserved. If you are looking to hire someone to handle a wrongful death case, you should hire a wrongful death by police lawyer with years of experience in helping surviving loved ones secure the justice and compensation they are owed.

Greg Peacock Law is prepared to take on law enforcement agencies that have caused fatal harm through excessive force, neglect, or unlawful conduct. During your consultation, we can review the facts of the incident and explain your legal options.

Our founding attorney is admitted to practice law in all California courts and the United States District Court, which means your case can move forward in either venue. Contact Greg Peacock Law today to schedule your consultation with a California wrongful death lawyer who can demand accountability.