What You Need to Know If You File a Wrongful Death Claim in a Case that Involves the Police

What You Need to Know If You File a Wrongful Death Claim in a Case that Involves the Police
Calendar icon February 28, 2021

The police can shoot a suspect if they believe they’re dangerous. However, if it turns out that the shooting occurred even before the suspect had a chance to show that they were unarmed and were ready to give up, things may get complex.

Losing a loved one from a wrongful death is a terrible tragedy for the family. The loss of human life is something that no money can return. If you’re facing such a loss, it’s best to consult with a New York wrongful death attorney and see what you can do to get justice on your side.

Understand the Process of Wrongful Death Lawsuits

Wrongful death claims are applied to incidents where a person caused another person’s death through intentional harm or negligence. Medical malpractice is one of the most common reasons for wrongful death lawsuits, however, there are other ways.

The family representative of the victim can file a wrongful death claim against the party that is legally at fault for the wrongful death.

The lawsuit applies to the following:

When filing the claim you must meet the burden of proof which is essential to hold the other party liable for the wrongful death.

If the defendant is proven guilty, you will be entitled to the damages that include medical costs, funeral and burial costs, and loss of the victim’s expected income.

In case the wrongful death involves police officers, the process can be far more complicated for the court. There are certain factors that should be considered with the nature of the police’s duty.

Can You Sue the Police for a Wrongful Death?

Police officers’ duty is to protect and serve the community where they patrol. In some cases, the police work can get chaotic and dangerous, which can easily result in a violation of civilian rights or negligent acts. These can lead to injuries and deaths. Sometimes, the shooting might not be necessary, but then again, if the officer fears that the suspect is dangerous for them or others, will not hesitate to shoot.

Individuals who lost a loved one due to an officer’s negligence can file a civil lawsuit for lost companionship, pain and suffering, and other damages. The court will have a challenging job to determine liabilities, because officers are often involved in dangerous situations and have to act fast, sometimes within a second.

Public employees like police officers may get qualified immunity in injury claims as long as there isn’t a willful violation of the law. The officer can have immunity from a wrongful death as well if the victim was killed after the officer used all techniques by the department.

The decision of the court will rely on facts and evidence. Cases that involve the saw and officers are complicated, but that doesn’t mean you should give up. You have a right to seek justice and file a wrongful death claim.

Hiring a Wrongful Death Attorney

It’s a real tragedy when a person dies and their death could have been easily avoided. Wrongful death lawsuits are complex, but even more so when the police are involved.

Such a case requires a good and skilled attorney who will stand by your side and will do their best for you to get justice on your side.

Filing a wrongful death isn’t an easy task and is best done if you have legal assistance.

Working with a wrongful death attorney can be much easier because these cases almost always end in court. The nature of the police officers’ profession is complex and if they shot your loved one, it doesn’t mean that they had something against them.

However, if you can prove that the death could have been easily avoided, you have a good chance to win the case.

Cellino Law attorneys can help you go through the whole process and get your justice. We will review your case and evaluate it for free. Our attorneys will get the necessary evidence (police reports, medical documents, and anything else that will help your case).

Going through this process on your own can be tiring, stressful, and emotional. This is why you need a strong attorney who will get into the case determined to end it successfully for you.

Contact our office and schedule your first consultation. We will work dedicatedly to help you get your deserved claim.

Zoom Screenshot_16.png

Content checked by the personal injury attorney Ross Cellino. As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.



Free Case Review




  • I just want to let you know that I did receive my settlement check. More importantly, I want to thank you again for all you did for both me and my family. I could not be more pleased with my experience at Cellino Law. From the moment I first spoke with you I felt comfortable - you took a sincere interest in my case, clearly explained the process and effected a quick settlement. From this day forward, when someone asks if I can recommend a good lawyer I will, without hesitation, say "Cellino Law". Thanks again.


  • I am so grateful for your expertise, patience, and perseverance which resulted with such a successful settlement regarding my car accident. I also want to let you know how impressed I was with you and your firm and I won't hesitate to recommend you to anyone who needs assistance from an accident. I truly appreciated your care and professionalism. Thank you again for your kindness and support


  • My experience during the time of negotiations was extremely positive. Josh Sandberg handled my lawsuit with the utmost integrity. He returned all my phone calls in a timely manner and answered all my questions. Josh made things less stressful. I would highly recommend Josh and the entire staff at Cellino Law.


  • This is to express our gratitude to you and your team in helping us and Stephanie navigate through the legal process following her car accident. We are very satisfied with the outcome and grateful for your hard work and attention to details. We fell confident that with this compensation, Stephanie will be able to move forward with her studies and her life with the ability to care for some of her health needs resulting from the injuries sustained following her car accident. Thank you very much and may God continue to bless your efforts.

    Jose & Rose

  • Mark Kochanowicz is from far the best attorney you can have. Mark treats you like a friend more than a client. He truly cares and go the extra mile for you and your case, contacts you to update you in regards to your case and keep you informed at all times. Mark represented me twice and settled my cases for way more than I expected. I highly recommend Mark Kochanowicz because he is just the best on what he does!!! Thank you Mark!!!!


  • Thank you for your time, effort, and hard work on my case. I appreciate your expertise and compassion. I never experienced what I went through and I would have been completely lost without you.