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Newport Beach Wrongful Death by Police Lawyer

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Newport Beach Wrongful Death by Police Attorney

Losing a loved one due to the actions of a police officer is a devastating tragedy. Excessive force, unlawful conduct, or negligent action can leave families grieving while facing complex legal barriers. A Newport Beach wrongful death by police lawyer can bring justice and accountability to help you recover.

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Wrongful Death by Police

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

Why Choose Greg Peacock Law?

At Greg Peacock Law, we know that no legal case can fully capture the pain of losing a loved one. While you heal, we are prepared to fight for compensation when law enforcement fails. We’ve helped many clients find justice after police brutality, and we’re prepared to do the same for you and your family. In one recent case, we recovered $1,500,000 for the family of a man wrongfully killed by a police officer.

What Is Wrongful Death by Police?

While police officers should be maintaining public safety, their work easily becomes deadly, with police officers killing over 800 people each year. From abusing deadly weapons to acting recklessly, wrongful death can happen for a variety of reasons. Wrongful death by police cases can occur if a police officer:

  • Used excessive force. Force that is excessive for the situation, like deadly force against someone who is not an immediate threat, is a common reason for wrongful deaths. Police kill over 600 people using firearms each year, but excessive force could include shooting, beating, choking, or otherwise harming someone.
  • Failed to render aid or was otherwise negligent. While in custody, individuals are still entitled to basic human rights. Wrongful death that results from violations of these rights could include inhumane or dangerous living conditions, failing to deliver necessary medications in a timely manner or at all, or failing to put a suicide watch on an individual with known suicidal tendencies.
  • Drove recklessly. While police officers must, on occasion, disregard certain traffic laws, such as during a pursuit, they may be liable for wrongful death if recklessness or neglectful driving leads to a death while they are operating a police vehicle.

Holding Police Officers With Qualified Immunity Liable

It can be difficult to hold individual police officers, rather than police departments as a whole, liable for a wrongful death due to qualified immunity. Qualified Immunity protects officers from liability if they believed that their actions were part of lawfully carrying out their duties as a police officer. Your lawyer can explain your options and whether a case against an individual officer is possible.

To file a claim against an officer directly, your Newport Beach wrongful death by police attorney must show that they either violated one of the deceased’s constitutional rights or were excessively or extremely negligent or violent.

Filing a Wrongful Death by Police Claim

While no amount of compensation can make up for the loss of a loved one, compensation can repay expenses and help you avoid financial hardship. Your compensation will depend on your unique wrongful death claim, but some factors could include:

  • Funeral and burial costs
  • Medical costs. If any medical intervention was pursued before the death, costs such as the hospital bills could be repaid in compensation.
  • Loss of the deceased’s income. Losing a source of income can be devastating for the other family members or loved ones who relied on the deceased for financial stability. Compensation could cover the loss of their stream of income to avoid further hardship.
  • Emotional pain and suffering. The pain of wrongfully losing someone leaves emotional scars and can lead to negative psychological damage as well. The trauma of this event, while difficult to assign monetary value, is included to help aid your recovery.

Why Hire a Wrongful Death Lawyer?

While grieving a loss, filing a claim against law enforcement is intimidating and stressful. The choice to hire a wrongful death lawyer may be one of the most important decisions you make. Working with a compassionate wrongful death lawyer not only maximizes your compensation but can also put you on a path toward recovery by reducing stress and helping you navigate the legal processes.

Building a case against a law enforcement officer or police department requires evidence. Your lawyer can gather an extensive array of evidence, such as witness statements, medical and autopsy records, police reports, and surveillance recordings. Evidence can be used to highlight police misconduct and to calculate damages that can be included in your compensation.

FAQs

Q: Who Can File a Wrongful Death by a Police Officer Claim?

A: The order in which the deceased’s relatives can file a wrongful death claim is their spouse, children, then grandchildren. If none of these relatives are living, the parents, siblings, or other family members can file a claim. While the spouse or registered domestic partner is the primary figure with the right to file, they may allow someone else to file instead.

Q: Can Multiple People File a Wrongful Death by a Police Officer Claim?

A: No, according to California’s “One Action” rule, only one person can file a claim for a wrongful death. The claim is on behalf of themselves and the other impacted family members, and it will cover all eligible claims for compensation. While multiple people can’t file individual claims, they can join together to receive part of the compensation.

Q: Can a Wrongful Death by a Police Officer Claim Lead to Changes in the Police Department?

A: Yes, in many cases, wrongful death claims have led to changes in police departments by prompting them to adjust protocols, the training officers receive, or even the conditions and policies of jails and prisons in order to reduce the risk of future deaths. Holding law enforcement accountable for wrongful deaths can lead to a system with more accountability and safer procedures.

Q: How Long Do I Have to File a Wrongful Death by a Police Officer Claim?

A: You have two years to file a wrongful death claim, though if the claim is being filed against the Newport Beach Police Department as a whole or other law enforcement entity, you only have six months to file a government tort claim. A wrongful death lawyer can explain the specific legal processes for your case and help you meet filing deadlines.

Speak With a Wrongful Death by Police Lawyer Today

If police misconduct led to the loss of a family member, it can feel impossible to recover. Finding justice and claiming compensation can provide a way forward from this tragedy. Contact Greg Peacock Law today to learn how an experienced wrongful death lawyer can bring you closure in the aftermath of police misconduct.

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