New Mexico Police Wrongful Death Attorneys

Understanding Wrongful Death Cases Involving Police

When someone you love is killed by police action, it is a devastating experience. Police officers are supposed to protect and serve, and situations involving police misconduct, excessive force, or police brutality can be especially challenging to understand. The family members of someone killed by police may have legal options to hold the officer or department accountable if there is evidence that the death resulted from unreasonable or unlawful police conduct.

Police wrongful death cases may involve both state and federal legal standards. So, it’s critical to have an attorney on your side who understands how these claims work and who can guide you through the process. If your loved one was killed by police, contact Kennedy Law Firm at (505) 588-5716 to learn more about your rights and options.

What Makes a Death “Wrongful”?

Wrongful death is a common term in personal injury law, and it means that someone’s death was caused by another person’s negligence or willful actions. In simple terms, the individual would still be alive if it weren’t for the other person’s action.

When we are talking about police wrongful death cases, it usually means that the person died because of the use of excessive or unreasonable force or from officer conduct that violated the victim’s constitutional rights. For example, both someone who was killed due to excessive force and someone who died because they were denied basic needs like food or medical treatment could be examples of wrongful death.

It is important to understand that while any death is tragic, just because a person died in police custody does not automatically mean that there is a wrongful death claim. There must be evidence that the police actions leading to the death were negligent, reckless, or intentional, or violated the victim’s civil rights.

Our firm is experienced in police wrongful death cases, and we can help you determine if you may have a claim and how the law and legal standards apply.

What Situations Can Lead to Police Wrongful Death Claims?

Police wrongful death claims can involve a variety of situations, and no two cases are exactly alike. Below are some of the common circumstances we see in these cases:

Excessive or Deadly Force

One of the most common situations that can result in wrongful death claims against police is the use of excessive or deadly force. Excessive force is force that is not objectively reasonable when looking at the totality of the circumstances. This could include excessive or prolonged physical restraint or the use of a taser or nightstick. Excessive force situations often happen when officers continue to use force on the victim even after they are subdued and under the control of the officers.

While deadly force can be a type of excessive force, it often has stricter standards. Officers are generally only justified in using lethal force, which is most commonly a firearm, when there is an immediate threat of serious physical harm to the officers or other people in the area.

Police Misconduct

Excessive force falls under police misconduct, but it’s not the only type of behavior that can lead to a death. In some cases, police misconduct can be part of a larger pattern, such as not following department policies. For example, if other people in the department are aware of an officer’s misconduct or a history of excessive force violations and eventually someone is killed, those other people or the department as a whole could be liable for wrongful death. Negligence during training, failure to follow up on complaints, and failure to intervene are all potential examples of police misconduct that could be relevant to a wrongful death lawsuit.

Civil Rights Violations

Those who are being investigated by police, are under arrest, or are incarcerated still have specific civil rights. When those rights are violated, and the person dies as a result, the officers or other staff members could be liable. In-custody deaths can happen due to unsafe or unsanitary conditions or situations where proper medical care wasn’t provided. These situations can be complex, and talking with an attorney is key in determining if deliberate indifference, negligence, or willful actions contributed to the death.

What Happens During a Wrongful Death Lawsuit?

When you make the decision to move forward with a wrongful death lawsuit, it’s important to be aware of the steps involved and the overall process. Wrongful death cases involving law enforcement officers or the police department can be especially complex, but most will follow the general outline below.

Initial Case Review and Filing

This step includes when you first meet with an attorney to find out whether you have a potential claim, as well as the early investigation and filing phase after you retain a law firm. The firm will start working on identifying and collecting evidence, such as witness statements, medical records, and video footage, to put together a strong claim.

Discovery

The divorce process is when the legal teams for the plaintiff and the defendant exchange information related to the case. This is also generally when depositions are conducted, which are official legal interviews of those involved, such as officers, eye witnesses, or expert witnesses. Discovery is a key part of determining what legal strategy makes the most sense for that specific case, and it’s also often when discussion begins about whether the parties are open to an out-of-court settlement.

Settlement or Trial

Many police wrongful death claims are settled out of court. Police departments often don’t want the negative publicity or transparency that can come with a full trial that puts the evidence, internal investigations, and police procedures in the public record. When determining whether it’s best to settle the case out of court or proceed to trial, these decisions should always be made with the advice and counsel of an attorney.

If your loved one was killed by police or while in custody, our firm can help you understand how the law applies to these cases and what your options are for seeking justice. Call Kennedy Law Firm at (505) 588-5716 to schedule a confidential consultation where we can discuss your case and provide more information on how our firm may be able to help.