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3 Ways To Win A Wrongful Death By Police Case

15 March 2016

Dianne Ellis

Recently, there have been several cases of police using excessive force or shooting unarmed suspects. It is very hard to prove that the method a police officer uses to subdue a suspect is illegal. If you lost a loved one to a wrongful death by police and you lost the criminal case, then you can pursue a civil case. Here are three ways to win a wrongful death claim by police case.

Make A Federal Claim

Federal law can increase the value of a potential case against the police. It is different from state law in a variety of ways. Some state laws do not offer compensation to a grieving relative or to the estate of a deceased loved one.  

States are governed by survival and wrongful death statutes. These statutes are complex and unfair. A state's survival and wrongful death statues can exclude or limit certain wrongful death cases. A state's statute can have limits on who can recover damages. Recovery can be limit only to financially dependent siblings and parents, children and spouses.

Statutes also make it hard to seek compensation for pre-death pain and suffering of the decease and punitive damages. The federal court is not limited by state statutes. Federal laws may give your case the best chance, whereas a state law may close the door on your case.

Hire A Lawyer Familiar With Federal Law

It is challenging to find a lawyer who has experience with handling a wrongful death case against the police department. A wrongful death case is unpredictable. A lawyer who takes this type of case has to believe it is worth the effort to win the case. It takes hundreds of hours and thousands of dollars to win a wrongful death by police case. An experienced attorney is not willing to put in this much time on a case that will not have a reasonable pay off in the end.

If you want to win, then you need to find a lawyer who is familiar with federal law. He or she has to know how to get around state legislatures to succeed in court.  

Research Similar Cases

Several excessive force cases by police are making the news. Eric Garner was put in a chokehold by a NYPD police officer for several seconds while getting arrested. This resulted in him dying. The NYPD policy prohibits the use of the chokehold.

Garner's widow ended up settling out of court for $5.9 million dollars. Cases like this can be used as a guide of how to proceed with your claim.

It is hard to lose a loved one under any circumstance. However, if he or she died as a result to someone else's careless actions, then you should be compensated. One of the ways to find closure for your family is by exhausting the legal system. Contact a company like Allison & Rickards, Attorneys at Law, LLC for more information.

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