Key Steps in Filing a Wrongful Death Claim Against Law Enforcement
Filing a wrongful death claim against law enforcement is a difficult and emotional process. It can be especially challenging when the death results from police brutality. The grieving process is complicated by the legal hurdles involved, as police officers and their departments are often granted legal protections.
However, by understanding the key steps in filing such a claim, the process becomes more manageable, and the survivors may gain access to the justice they seek. If you live in Kansas City, Missouri, or the surrounding areas, work with me, John Anthony Picerno, at JPLaw so I can help you through this process.
1. Establish the Grounds for the Wrongful Death Claim
The first step in filing a wrongful death claim against law enforcement is establishing a solid foundation for the claim. A wrongful death claim typically requires proving that the police officer or officers' actions directly caused the death of the individual in question.
This often involves showing that the officers engaged in misconduct, such as police brutality, which led to fatal injuries.
In many cases, wrongful death claims against law enforcement fall under civil rights law. If an officer used excessive force or violated constitutional rights, the claim may be based on the violation of the decedent’s rights under the Fourth or Fourteenth Amendments.
The burden of proof rests on the claimant, and demonstrating that police brutality occurred is key to building the case. Proving police brutality is central to any wrongful death claim against law enforcement. This may require gathering substantial evidence to show that the officers involved acted recklessly or maliciously in their use of force.
2. Collect Evidence of Police Brutality
Gathering evidence is one of the most crucial steps in filing a wrongful death claim against law enforcement. Evidence helps establish the facts of the case and can make a significant difference in the outcome of the claim. In cases involving police brutality, there are several types of evidence that can be useful:
Witness testimonies: Eyewitness accounts can provide firsthand descriptions of the incident. In police brutality cases, these testimonies may serve as vital pieces of evidence that contradict the police officers' accounts.
Body camera and dashcam footage: Many police departments use body cameras and dash cameras that record encounters with the public. This footage can provide a clear view of the events leading up to and following the fatal incident.
Medical records and autopsy reports: These documents are often essential in determining the cause of death and whether it resulted from police brutality. A medical examiner’s report can help link the injuries sustained to the actions of law enforcement.
Expert testimony: Although the claim doesn't require a medical or police procedure expert to be successful, experts can help clarify technical aspects of the case, such as the use of excessive force or improper police tactics.
Collecting this evidence as soon as possible after the death is crucial, as it may be difficult to gather later. Police departments may have policies in place that limit access to certain types of evidence, and eyewitness accounts can become less reliable over time. Furthermore, some evidence may only be retained for a limited period before it is deleted.
3. Determine the Appropriate Legal Forum
Once the evidence is collected, it’s essential to determine the appropriate legal forum in which to file the wrongful death claim.
Wrongful death claims can be filed in either state court or federal court, depending on the nature of the case and the alleged violation of civil rights. If the claim centers on police brutality and the violation of constitutional rights, federal court may be the appropriate venue.
Under Section 1983 of the Civil Rights Act of 1871, individuals can sue law enforcement officers for civil rights violations, including those arising from excessive force or police brutality. This law allows claimants to hold officers accountable even if they’re acting in the course of their official duties.
State court may be the more appropriate venue if the claim involves state law rather than federal law. In some cases, survivors may pursue both state and federal claims, depending on the specifics of the case. It’s important to consult with a lawyer to determine the best course of action based on the facts of the case.
4. Identify the Defendants in the Claim
The next step is to identify the defendants in the wrongful death claim. In most cases, the primary defendant will be the individual police officers involved in the incident. However, it’s also possible to sue the police department or the local government agency that oversees the department.
In cases of police brutality, the officers' actions may reflect a larger pattern of misconduct within the department, which could involve negligent hiring, training, or supervision. Additionally, if the police department or the local government failed to implement adequate policies or failed to address previous incidents of police brutality, they may be held accountable in the lawsuit.
These factors can make the case more intricate, as it requires showing that systemic issues contributed to the wrongful death.
5. Meet the Statute of Limitations
Every wrongful death claim is subject to a statute of limitations, which is the time period in which the claim must be filed. The length of the statute of limitations depends on the state in which the claim is filed.
In some states, the statute of limitations for wrongful death claims against law enforcement may be as short as one year. It’s important to file the claim within this time frame or risk losing the right to pursue the case.
For claims filed under Section 1983 in federal court, the statute of limitations is typically two years. However, this can vary by jurisdiction, so consulting with a lawyer is crucial to check that the claim is filed on time.
6. Submit the Claim
After gathering evidence, identifying the defendants, and making sure that the statute of limitations is met, the next step is submitting the wrongful death claim. This process involves filing the appropriate paperwork with the court and paying any necessary filing fees.
Once the claim is filed, the defendants will have the opportunity to respond, and the litigation process will begin. During this phase, the parties will exchange information, including documents and evidence, in a process called discovery.
Discovery allows both sides to learn more about each other’s positions and evidence before the trial. This phase can be time-consuming, and it’s critical to be prepared for the legal hurdles that may arise during this process.
7. Consider Settlement or Alternative Dispute Resolution
Not all wrongful death claims go to trial. In some cases, the parties may agree to a settlement before the case reaches the courtroom. A settlement can offer a quicker resolution to the claim and avoid the uncertainty of a trial.
However, it’s important to carefully consider any settlement offer. Settlement amounts may not fully reflect the severity of the wrongdoing, especially in cases involving police brutality.
Alternative dispute resolution methods, such as mediation, may also be an option. Mediation involves a neutral third party who works with both sides to reach a mutually acceptable resolution. In cases of police brutality, mediation can help facilitate a settlement without the emotional toll of a prolonged court battle.
It’s important to consult with an attorney during this phase to determine whether a settlement is in the best interests of the survivors and the decedent's family.
8. Trial and the Outcome
If the case proceeds to trial, it will be heard in front of a judge or jury, who will evaluate the evidence presented. In a wrongful death case involving police brutality, the plaintiffs must prove that the officers' actions directly caused the death. This may involve demonstrating that the use of force was excessive or unjustified and that it violated the decedent's constitutional rights.
The trial process can be lengthy, and it may involve expert witnesses, depositions, and other legal procedures. At the end of the trial, the judge or jury will decide the outcome of the case. If the claim is successful, the survivors may receive compensation for medical expenses, funeral costs, lost income, and emotional distress caused by the wrongful death.
Enlist Reputable Legal Counsel
Filing a wrongful death claim against law enforcement is a difficult process, especially when the death is a result of police brutality. It’s important for those filing a wrongful death claim to work closely with legal professionals who understand the intricacies of these types of cases.
I can help clients in Kansas City, Missouri, as well as Independence, Liberty, Clay County, Blue Springs, and Jackson County. Reach out to me at JPLaw today.