Who Can Sue Wrongful Death or Injury in Police Custody Lawsuit In 2024

While no amount of money can bring your loved one back, you can claim for police custody lawsuit through a wrongful death lawsuit.

There have been several cases  where an inmate was denied medical care that lead to wrongful death. In most cases, these deaths are avoidable and police or corrections officers are held accountable.

Police officers are responsible for protecting the communities they serve. However, in some cases, the police behave negligently and people’s civil rights are violated. It can lead to various injuries or even the death of someone in custody.

How does a wrongful death case against the police succeed?

  • The police officer should own a duty of care to the deceased.
  • The police breached the duty of care by acting 
  • negligently or intentionally.
  • The police’s negligent or intentional actions result in your family member’s death.

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Who can sue for wrongful death against the police?

Are you a parent, spouse, or child of someone who is injured or killed by police? If yes, you can file a claim for wrongful death by police.

What compensation will I receive in a wrongful death lawsuit against the police?

In a successful lawsuit for police custody lawsuit, you will get money for your losses and damages, including:

  • Compensation for lost income and benefits for the present and future.
  • Funeral and burial expenses.
  • Lost companionship, love, support, protection, guidance, nurturing, and care offered by the victim.
  • Lost inheritance.
  • Medical treatment that may have been given before death.
  • The mental anguish of the survivors.
  • Pain and suffering of the victim and survivors.
police custody lawsuit

What happens in wrongful death or injury by police?

  • In a wrongful death lawsuit against the police, legal claims are brought against the police. Consequently, they are liable to pay money for the damages, depending on the circumstances involved.
  • However, proving wrongful death against the police is a lengthy process. It requires intricate investigation of all the evidence involved.
  • The lawyers bringing wrongful death or injury claims for the survivors have to prove that the police didn’t believe that their life was in danger.
  • If the evidence against the police officer is strong, the agency or the city named in the claim may agree to negotiate a settlement offer.
  • If the evidence or liability is disputed or an adequate settlement isn’t negotiated, the wrongful death care will require litigation and potentially, a trial.
  • In such cases, the jury or the judge will decide whether the police or city should be held responsible for all the portion of the damages.


If you want a lawyer who cares about you and the outcome of your police custody lawsuit, contact Ethen Ostroff Law. He and his contacts ensure you get every dollar possible for what you went through. 

Please complete the short form to have Ethen Ostroff Law review your case at no cost and in complete confidence. We will get back to you within 48 hours to discuss your situation. By submitting your case for review, you are agreeing to our Terms of Use.