Wrongful deaths can happen in several circumstances due to the negligence of one or more parties involved in the situation. Sometimes wrongful death can happen even by the negligence from the part of the police or responsible authorities. Though the police officers are obliged to protect the rights of the citizens, sometimes they may act negligently to them and that may lead to unjustifiable injuries and deaths.
In certain situations, it is possible to put the criminal charge of homicide on a police officer whose negligent behavior led to the death of someone. However, in cases where you are able to prove the negligence of the police officer, which led to the death of your loved one, you may also charge a civil lawsuit against the officer.
On normal wrongful death incidents, one may file a lawsuit in the state court concerning the wrongful death of the person. In this way, he can get the monetary compensation for the injuries or death of the concerned one. Unlike this, the wrongful death claims against police or prison guards must be filed in the federal court. Some cities will defend the claim whereas in some cities, they will try to settle the case as early as possible so that they can avoid bad publicity. There will be the plaintiff attorneys who want the case to be tried in the federal court because they are considered to be impartial.
The settlement amount will vary depending on the each individual case. The plaintiff may sue against the officer, in the state court, or federal court or even both. If there was any breach of the constitution, that can be considered seriously and used against the police officer. If the federal court sees that the case is not valid, the case will come down to the state court.
The decision on the case absolutely depends on the facts and evidence that is produced before the jury. The case will stand only if the jury is convinced with the evidences produced before them. Usually wrongful death cases involving the police officers are heard in the federal court. Only rarely does it come to the state court.
The injuries and damages caused by the negligent behavior of a police officer cannot be undone, but it is possible to get the suitable compensation according to the severity of the damages suffered. An experienced personal injury attorney can help you in such a case.