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Police officers must protect and serve the communities in which they work, but, unfortunately, not all do so. Sometimes, police officers commit serious civil rights violations or act negligently, which can lead to otherwise preventable injury and death. If your loved one sustained serious injuries or lost his or her life at the hands of a police officer, you may be able to file a claim and collect damages for any harm you suffer. The attorneys at ChancoSchiffer P.C. will conduct a thorough investigation into the incident and hold the negligent or unlawful parties responsible. Contact us today and schedule a free, confidential review of your legal options.
When a person loses his or her life because of the intentional acts or negligence of another, the surviving family members may file a wrongful death lawsuit on his or her behalf. While many wrongful death claims go through the court system where the wrongful death occurred, police shootings often become a matter of federal law, especially if a constitutional rights violation occurred.
Plaintiffs (either the victim of the police shooting or their surviving family members) may file either a state or federal claim, or both. State claims involve incidents of negligence or malicious intent, and federal claims address civil rights violations. Police shootings often fall under the Fourth Amendment, which holds that the government cannot subject its citizens to unreasonable search and seizure (excessive force, such as firing a weapon, is an example of a seizure under the Fourth Amendment). In many cases, the Federal government will have jurisdiction in a police shooting, which means it will also have jurisdiction over state claims.
Proving wrongful death by police under the Fourth Amendment is an involved process that requires the assistance of an experienced attorney. The lawyers at ChancoSchiffer P.C. will take your claim to federal court and hold the police department accountable for their negligence or malicious intent.
Title 42 of the U.S. Code holds that any peace officer who subjects a U.S. resident to any deprivation of their constitutional rights and immunities may be liable for the damages that result. A history of these cases shows that settlement amounts vary greatly by jurisdiction, but can be significant. A year-long investigation by the Washington Post found that settlements had a median of $1.2 million in incidents involving police-associated wrongful death. These settlements or court judgments include compensation for the following damages:
Being a victim of a police shooting is often a violation of the Fourth Amendment and represents a constitutional violation. The nature of these cases requires claims in federal court. The attorneys at ChancoSchiffer P.C. will fight for your family’s right to compensation and keep you informed through the process.
A claim against a police station or other municipality requires an extensive knowledge of civil rights law, as well as a firm that can give your case the care and attention it deserves. When you place a call to ChancoSchiffer P.C. you have the comfort of knowing you’ll be speaking to an experienced attorney, not an associate or paralegal.
If your loved one lost his or her life due to wrongful police conduct, let us hold all parties responsible. Contact us today and schedule a free review of your legal options.