Evidence Needed To Prove Negligence In A Wrongful Death Case Involving An Unjustified Police Shooting

The police are given permission to use lethal force if necessary to defend their lives or the lives of the public. However, a police officer can only use lethal force if it is considered to be justified. If you believe that the use of lethal force against your loved one was not justified, a wrongful death attorney may be able to help you seek compensation for the damages you have suffered as a result of the incident.

Unjustified Lethal Force

There are all sorts of ways that shooting can end up not being justified. For example, a jury might find that a reasonable officer would not have been in fear of their lives based on the circumstances leading up to the shooting. The officer might have accidentally discharged the firearm. Also, the officer might have fired their weapon after your loved one had surrendered.

After the incident, you will want to contact a wrongful death attorney as soon as you can. A wrongful death attorney will be able to help you determine if the shooting is justified and whether you will be able to seek compensation for the death of your loved one.

Evidence That Can Prove Your Case

To determine if the death was justified or not, your attorney will look at dashcam footage, bodycam footage, and will interview witnesses to gather evidence that can then be used to determine whether the shooting was justified or not.

For example, by interviewing witnesses, your attorney might be able to make an argument that the police officer did not have probable cause and should not have stopped the suspect in the first place. Using excessive force is considered to be violation of the 4th amendment.

The wrongful death attorney will also investigate the officer to determine if they have been properly trained on how to use a firearm. An officer must demonstrate proficiency with a firearm at least once a year. 

Compensation for Wrongful Death

The damages you will be able to receive for the death of your loved one can vary from jurisdiction to jurisdiction. Therefore, you will want to hire a wrongful death attorney who is licensed to practice in the area in which you reside. 

Depending on the relationship with the deceased, you may be entitled to compensation for the death of your loved one and you will also be able to hold the police officer and their department responsible for the incident. Look into wrongful death attorneys near you.