When someone dies after an encounter with police, the family may have legal options if the evidence shows that officers used unlawful or excessive force.
A police wrongful death lawsuit may seek compensation for financial losses, loss of companionship, pain and suffering, and other damages allowed by law.
The amount of compensation depends on the facts of the case, the claims being made, the state where the death happened, and the strength of the evidence.
The Timothy Cook lawsuit in Memphis is one recent example. Cook’s family is seeking at least $35 million after his death following a police shooting.
Related: Timothy Cook Police Shooting Lawsuit: Family Seeks $35 Million From Memphis
What Is a Police Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil case brought after a person dies because of another party’s alleged wrongful conduct.
In a police shooting case, a family or estate may claim that an officer used excessive force or otherwise violated the person’s rights.
Possible claims may include:
- wrongful death
- excessive force
- unreasonable seizure
- survival claims
- failure to intervene
- municipal liability
- related state-law claims
A federal civil rights claim may also be brought under 42 U.S.C. § 1983 when a person acting under color of state law is accused of violating constitutional rights.
What Compensation May Be Available?
Depending on the case, compensation may include:
- funeral expenses
- burial costs
- medical bills before death
- lost wages
- lost future income
- loss of financial support
- loss of benefits
- loss of companionship
- loss of consortium
- pain and suffering before death
- other damages allowed under state law
Some cases may also include punitive damages against individual officers if the legal standard is met.
How Are Wrongful Death Damages Calculated?
There is no single formula.
Attorneys and courts may look at many factors, including:
- the person’s age
- income
- work history
- expected future earnings
- number of dependents
- medical costs
- funeral expenses
- family relationships
- pain and suffering before death
- the strength of the liability evidence
The value of a case can also depend on whether the evidence clearly supports the family’s version of events.
What Is the Difference Between Wrongful Death and a Survival Claim?
A wrongful death claim usually seeks damages for losses suffered by surviving family members.
A survival claim may seek damages that the person could have recovered if they had survived.
That can include pain and suffering before death, depending on state law.
The two types of claims may be brought together in some cases.
Can a Family Recover for Loss of Companionship?
Often, yes.
Depending on state law, family members may be able to seek compensation for the loss of:
- companionship
- care
- guidance
- support
- affection
- marital relationship
The exact categories vary by state.
Can a Family Recover Lost Income?
Potentially.
A wrongful death claim may include lost income and lost future financial support.
Attorneys may examine:
- past earnings
- expected career path
- benefits
- retirement contributions
- dependents
- life expectancy
- work history
Experts may be used to estimate future losses.
Can Punitive Damages Be Awarded?
Sometimes.
Punitive damages are different from ordinary compensation.
They are meant to punish especially wrongful conduct and deter similar behavior.
In civil rights cases, punitive damages may be available against individual officers if the evidence shows conduct that meets the required legal standard.
Different rules apply to cities and other government entities.
Can the City or Police Department Be Held Liable?
Possibly.
A city is not automatically responsible just because it employed the officer.
A claim against a city may require evidence that the alleged violation was connected to:
- an official policy
- a common practice or custom
- poor training
- poor supervision
- repeated similar misconduct
- a decision by a city policymaker
These claims can require a broader review of police department records.
Ben Crump Law has direct experience with civil rights claims involving the City of Memphis and the Memphis Police Department through its representation of the family of Tyre Nichols.
The Nichols and Timothy Cook cases are separate matters, but the Memphis connection is relevant to the firm’s experience.
How Does the Timothy Cook Lawsuit Fit This Issue?
Cook’s family is seeking at least $35 million in a lawsuit against the City of Memphis, the Memphis Police Department, and two officers.
The family argues that Cook did not pose an immediate threat when police fired at his vehicle.
Police have said Cook drove toward officers and struck one of them.
The case may depend in part on surveillance video, officer position, vehicle movement, and the timing of the shots.
Those claims have not yet been proven in court.
The $35 million figure is the amount being sought. It is not a settlement or court award.
Does Video Evidence Affect Compensation?
It can.
Video can affect both liability and case value.
For example, footage may show:
- whether the person was armed
- whether the vehicle was moving toward or away from police
- where the officer was standing
- whether commands were given
- whether the threat had ended
- whether shots continued after the danger passed
Strong video evidence may support a family’s claim.
But video can also support the officer’s account.
That is why attorneys usually review video along with forensic evidence, witness statements, police reports, and medical records.
Related: Police Shooting at a Moving Vehicle: When Can Deadly Force Be Excessive?
Does a Criminal Case Have to Be Filed First?
No.
A civil wrongful death or civil rights lawsuit does not always depend on criminal charges being filed against an officer.
Criminal and civil cases use different legal standards.
A prosecutor may choose not to file charges, while a family may still pursue a civil claim.
Likewise, a criminal charge does not automatically prove civil liability.
How Long Does a Police Wrongful Death Case Take?
There is no standard timeline.
A case may involve:
- police investigations
- public records requests
- discovery
- depositions
- expert reports
- motions
- settlement talks
- mediation
- trial
Some cases settle. Others go to trial.
The timeline can depend on how complex the facts and whether the defendants contest liability.
Should Families Wait Before Speaking With a Lawyer?
Usually, it is better to seek legal advice early.
Important evidence can be lost or overwritten.
An attorney may act quickly to preserve:
- body-camera footage
- surveillance video
- dash-camera footage
- 911 calls
- dispatch records
- witness information
- photographs
- police reports
- medical records
Some claims against government entities may also have short-notice deadlines.
Ben Crump Law Handles Police Wrongful Death Cases
Ben Crump Law represents families in cases involving alleged:
- fatal police shootings
- wrongful death
- excessive force
- police misconduct
- civil rights violations
- unconstitutional use of deadly force
The firm’s police shooting practice page explains legal options after police shootings.
Its civil rights practice page covers broader constitutional claims.
Ben Crump Law also provides guidance on wrongful death after police excessive force and police wrongful death compensation.
If your loved one was killed or seriously injured during an encounter with law enforcement, contact Ben Crump Law for a free case evaluation.
