Prone Restraint Death Settlement: What Compensation May Be Available?

When someone dies after being held face down by police, no settlement can restore the life that was lost.

Civil compensation serves a different purpose.

A prone restraint death settlement may address the financial and personal losses suffered by the deceased person and surviving family members while also resolving civil-rights, wrongful-death, survival, or related claims.

Depending on the facts and state law, a resolution may potentially address:

• lost financial support;
• lost future earnings;
• medical expenses;
• funeral and burial costs;
• conscious pain and suffering before death where permitted;
• loss of companionship or other family-related damages where authorized;
• punitive damages against individual defendants when legally available;
• attorney’s fees under federal civil-rights law;
• personnel or policy changes;
• restraint training;
• medical-response reforms; or
• other non-monetary terms.

But there is no standard prone restraint death settlement amount.

The value of a case can depend on the strength of the constitutional claim, medical causation, applicable wrongful-death law, the deceased person’s circumstances, which defendants may legally be responsible, and the risks both sides would face at trial.

Is There an Average Prone Restraint Death Settlement?

There is no reliable national number that can tell a particular family what its case is worth.

A 2025 peer-reviewed study examined 229 U.S. legal cases involving reported prone-restraint-related deaths from 2010 through 2019. Among resolved cases with available settlement information, the researchers reported an average settlement of approximately $2.5 million. The authors also stressed that the true incidence of prone-restraint deaths remains uncertain. (PubMed) PubMed

That number should not be treated as a calculator.

The study examined a specific historical set of litigated cases. It does not represent every death, every jurisdiction, or settlements occurring today.

Some cases resolve for less.

Others have resolved for several million dollars or more.

Why Can Settlement Amounts Vary So Much?

Consider two hypothetical cases.

Case A

A person is restrained face down briefly during an active struggle.

Video shows officers quickly repositioning the person after handcuffing.

Medical experts strongly disagree that restraint contributed to the later death.

Case B

A person is handcuffed and controlled by several officers.

Video shows prolonged prone restraint, continuing body pressure, repeated breathing complaints, decreasing movement, eventual unresponsiveness, and a delay before medical aid.

The damages may involve similar family losses.

But the strength of the liability and causation evidence may differ significantly.

Settlement valuation therefore considers both:

What was lost?

and

How likely is the family to prove legal responsibility?

What Damages Can Be Included in a Prone Restraint Death Case?

Depending on the jurisdiction and legal claims, potential damages may fall into several categories.

Wrongful-death damages

These generally address losses suffered by qualifying surviving family members or beneficiaries.

Survival damages

These may preserve certain claims the deceased person could have pursued if they had survived.

Federal civil-rights damages

A §1983 claim may seek compensation for injuries resulting from the deprivation of constitutional rights.

Punitive damages

These may potentially apply against individual defendants when the required legal standard is established.

Attorney’s fees

Federal law permits courts, in their discretion, to award reasonable attorney’s fees to prevailing parties in qualifying §1983 cases. (42 U.S.C. §1988) Legal Information Institute

The exact combination depends heavily on state law and defendants.

What Are Wrongful-Death Damages?

Wrongful-death laws are primarily state-based.

That means the available damages can differ substantially from one state to another.

Depending on the jurisdiction, damages may potentially account for:

• income the deceased would have contributed;
• employment benefits;
• household services;
• funeral costs;
• burial or cremation expenses;
• loss of companionship;
• loss of care or guidance;
• other family-related losses authorized by law.

Some states focus heavily on measurable economic loss.

Others allow broader recovery for the relationship that was lost.

That is why the state where the case arises matters.

Who Receives Wrongful-Death Compensation?

Not necessarily every relative.

State law generally determines:

• who may file the claim;
• whether an estate must be opened;
• who qualifies as a beneficiary;
• how proceeds are distributed.

Depending on the jurisdiction, qualifying people may include:

• spouse;
• children;
• parents;
• other statutory beneficiaries.

In some cases, a personal representative brings the lawsuit on behalf of the estate or beneficiaries.

Resolving the proper plaintiff should happen early.

What Is a Survival Claim?

A survival claim is different from a wrongful-death claim.

The wrongful-death claim generally focuses on what surviving beneficiaries lost.

A survival claim may focus on harm experienced by the deceased person before death.

Depending on state law, that may potentially include:

• medical expenses;
• lost wages before death;
• conscious pain;
• fear;
• emotional distress;
• other damages incurred between injury and death.

The availability of those damages varies substantially by jurisdiction.

Can Conscious Pain and Suffering Affect Settlement Value?

Potentially.

In a prone restraint case, video may document what the person experienced before becoming unconscious.

Evidence may include:

• statements that they cannot breathe;
• cries of pain;
• requests for officers to stop;
• efforts to lift the chest;
• obvious distress;
• continued responsiveness;
• duration of restraint before loss of consciousness.

The legal availability of survival pain-and-suffering damages depends on state law.

But when legally recoverable, the period before death can become an important part of valuation.

Why Does Consciousness Matter?

Suppose two people suffer fatal injuries.

One loses consciousness almost immediately.

The other remains conscious for several minutes, expressing fear and difficulty breathing.

Some state survival laws may treat those facts differently.

Evidence can therefore focus on:

• when speech stopped;
• when movement stopped;
• when consciousness was lost;
• what witnesses observed;
• medical interpretation of the timeline.

Body-camera audio can be particularly important.

Can Medical Expenses Be Included?

Potentially.

Some people die at the scene.

Others receive:

• ambulance care;
• emergency-room treatment;
• intensive care;
• mechanical ventilation;
• surgery;
• hospital treatment before death.

Those expenses may become part of the estate or wrongful death damages depending on applicable law.

Families should preserve:

• EMS bills;
• hospital bills;
• physician bills;
• insurance statements;
• related medical records.

Are Funeral and Burial Costs Recoverable?

Potentially.

Families should keep documentation for:

• funeral home expenses;
• cremation;
• burial;
• cemetery costs;
• transportation;
• other related expenses.

These are among the more straightforward economic losses to document.

How Are Lost Future Earnings Calculated?

When state law permits recovery based on future financial contribution, attorneys may examine:

• age at death;
• occupation;
• earnings history;
• expected career progression;
• health;
• education;
• benefits;
• retirement contributions;
• expected work life.

For someone with an established career, historical tax and employment records may provide a strong foundation.

For a younger person, future earnings can require more assumptions.

Economic experts may sometimes assist.

What About Lost Employment Benefits?

Income is broader than salary.

Potential losses may include:

• health insurance;
• retirement contributions;
• pension benefits;
• employer 401(k) contributions;
• bonuses;
• commissions;
• paid leave;
• other employment benefits.

These amounts can become significant over a projected working lifetime.

What if the Person Was Unemployed?

That does not mean the case has little or no value.

A human life is not valued solely by current wages.

Depending on state law, recoverable losses may still involve:

• companionship;
• parental guidance;
• household contributions;
• services;
• conscious pain and suffering;
• funeral expenses;
• civil-rights damages;
• other legally recognized losses.

A retiree, student, stay-at-home parent, or unemployed person may still have substantial claims.

How Are Household Services Valued?

Someone may contribute to a household without receiving a paycheck.

Examples include:

• childcare;
• cooking;
• transportation;
• home maintenance;
• elder care;
• scheduling;
• household management.

An economist may sometimes estimate the replacement value of those services when state law allows.

Can Children Recover for Losing a Parent?

Potentially.

The answer depends on state wrongful-death law.

A child may lose more than direct financial support.

Depending on the jurisdiction, damages may address loss of:

• care;
• companionship;
• guidance;
• instruction;
• parental services.

The child’s age and relationship with the parent may become relevant.

Can Parents Recover When an Adult Child Dies?

Sometimes.

State laws differ considerably.

Factors may include:

• whether the person had a spouse or children;
• dependency;
• family relationship;
• statutory priority.

Families should not assume that biological relationship alone determines who can recover.

Can a Spouse Recover for Loss of Companionship?

Potentially.

Some wrongful-death statutes recognize losses associated with the marital relationship.

The terminology may include:

• companionship;
• consortium;
• society;
• services;
• support.

The precise damages available vary by state.

Are Emotional-Distress Damages Available to the Family?

Not automatically.

Wrongful-death statutes define which family losses may be compensated.

Ordinary grief does not necessarily create a separate unlimited emotional-distress claim.

Some jurisdictions recognize particular emotional or relational damages, while others are more restrictive.

A lawyer should evaluate the governing statute rather than assume all emotional harm is compensable.

Are There Federal Damage Caps in a §1983 Police Misconduct Case?

Section 1983 itself does not use the same federal compensatory-damages caps that apply to some employment discrimination statutes.

However, that does not mean damages are unlimited.

The amount still must be legally supportable, and:

• state-law claims may have caps;
• government-immunity statutes may affect some claims;
• specific damages may not be recoverable against particular defendants;
• constitutional and due process limits can affect punitive awards.

The claims and defendants must be analyzed separately.

Can Punitive Damages Be Part of the Settlement?

Potentially against individual defendants.

In §1983 litigation, punitive damages can potentially be available when the individual defendant’s conduct meets the required level of malicious intent or reckless or callous disregard for federally protected rights.

But punitive damages are not simply added because a death occurred.

The officer’s state of mind and conduct matter.

Can Punitive Damages Be Recovered From the City?

Generally not under §1983.

The Supreme Court has held that municipalities are not subject to punitive damages under §1983. Supreme Court

That distinction matters in settlement strategy.

A case may involve:

• compensatory claims against a municipality;
• compensatory claims against individual officers;
• potential punitive claims against individual officers.

Those exposure categories are not identical.

Can Attorney’s Fees Be Part of a Civil-Rights Case?

Yes, potentially.

Under 42 U.S.C. §1988, a court may award reasonable attorney’s fees to a prevailing party in qualifying §1983 litigation. Legal Information Institute

That can matter considerably because a restraint-death case may require:

• depositions;
• extensive video review;
• forensic pathology;
• police-practices experts;
• medical experts;
• economists;
• document discovery;
• motions over qualified immunity;
• municipal-liability discovery.

Settlement negotiations may therefore involve both damages and litigation costs.

Can Qualified Immunity Affect Settlement Value?

Yes.

Qualified immunity can create substantial litigation risk in claims against individual officers.

A family may have compelling evidence of harm but still face a legal dispute over whether existing precedent clearly established that the specific conduct was unconstitutional.

That uncertainty can affect negotiation.

A court ruling rejecting qualified immunity may change the settlement landscape.

A ruling granting it may significantly reduce claims against individual officers.

Does Municipal Liability Affect Settlement Value?

Potentially.

A city or county generally is not liable under §1983 simply because it employed the officers.

A family may need evidence that a constitutional violation was connected to a legally sufficient municipal:

• policy;
• custom;
• practice;
• training failure;
• supervisory failure;
• policymaker decision.

If the evidence supports a strong municipal-liability theory, an institutional defendant may remain in the case even apart from individual-officer liability.

That can significantly affect both litigation and settlement.

What if the Department Had Prior Prone Restraint Incidents?

Prior similar incidents may become relevant to municipal liability.

A lawyer may investigate whether the agency knew about earlier cases involving:

• prolonged face-down restraint;
• breathing complaints;
• torso compression;
• neck restraint;
• people becoming unresponsive;
• delayed medical care.

Relevant evidence could include:

• prior lawsuits;
• internal affairs files;
• use-of-force reports;
• citizen complaints;
• training records;
• DOJ investigations.

A pattern can strengthen certain institutional theories.

But prior incidents must be sufficiently relevant.

Can Policy Reform Be Part of a Settlement?

Yes.

A prone restraint death case may resolve with more than money.

Non-monetary provisions can potentially address:

• limits on prolonged prone restraint;
• recovery-position requirements;
• restrictions on torso or neck pressure;
• mandatory medical monitoring;
• duty-to-intervene training;
• CPR training;
• behavioral-health response;
• supervisor review;
• body-camera requirements;
• force reporting.

DOJ consent decrees and other police-reform agreements routinely use training, policy revisions, monitoring, reporting, and supervisory reforms to address identified constitutional problems. (DOJ) Justice Department

Can a Family Ask for Policy Changes in a Private Settlement?

Potentially.

Whether the government agrees is another matter.

Families sometimes care deeply about ensuring that another person does not die in the same way.

Possible settlement priorities may include:

• changes to restraint policy;
• training;
• medical protocols;
• public reporting;
• memorial terms;
• independent review.

The relative importance of monetary and non-monetary relief is a family-specific decision.

Does a Settlement Mean the Police Admit Liability?

Not necessarily.

Many settlements expressly deny liability.

A government entity may settle because:

• trial creates uncertainty;
• litigation is expensive;
• evidence presents risk;
• a large jury verdict is possible;
• officials want closure;
• policy changes have already occurred.

Likewise, a family may settle because:

• trial is uncertain;
• appeals could take years;
• settlement provides certainty;
• family members want closure;
• litigation is emotionally difficult.

Settlement is generally a negotiated resolution, not necessarily a judicial finding that every allegation was proven.

A $3.75 Million Atlanta Prone Restraint Resolution

In 2023, Atlanta approved a $3.75 million settlement involving the death of Ricardo Dorado Jr.

According to reporting on the settlement, Dorado was handcuffed and held face down during the police encounter. The Fulton County medical examiner identified the cause of death as cardiac arrest caused by prone restraint and classified the death as homicide. The family’s legal notice alleged prolonged face-down restraint and pressure after handcuffing. Axios

The case resolved before a lawsuit was formally filed.

That distinction matters.

A settlement does not mean a jury determined liability.

Sacramento Paid $4.35 Million in Another Restraint Death Case

In 2024, Sacramento agreed to pay $4.35 million to Reginald Payne’s family.

According to reporting on the resolution, Payne was experiencing a medical emergency when police became involved. Officers restrained him face down, and the coroner attributed his cardiac arrest and death to the restraint. Sacramento Bee

Again, one settlement amount does not predict another case.

The facts, law, jurisdiction, damages, and litigation risks differ.

The Daniel Prude Case Resolved for $12 Million

The City of Rochester agreed in 2022 to pay $12 million to resolve the federal lawsuit involving Daniel Prude’s death.

Prude was experiencing a mental-health crisis when officers encountered him. He was handcuffed, restrained face down, lost consciousness, and died days later. Washington Post

This was a particularly high-profile case with its own facts and litigation history.

It should not be treated as a benchmark for every prone restraint.

Why Published Settlement Examples Can Be Misleading

It is tempting to look at:

$3.75 million

$4.35 million

$12 million

and ask:

“Which number applies to our case?”

That is not how settlement valuation works.

Published cases often involve:

• unusually severe facts;
• catastrophic injury or death;
• strong video;
• major publicity;
• multiple defendants;
• institutional problems.

Many settlements are confidential or receive little public attention.

Using a few public examples as an “average” can create unrealistic expectations.

What Did the 2025 Prone Restraint Litigation Study Find?

The 2025 study of 229 reported U.S. prone-restraint death cases from 2010–2019 provides broader context than a handful of headline settlements.

Among the cases examined:

• 58% of deaths occurred after one to five minutes of prone restraint;
• additional body weight was reportedly applied in 80%;
• conducted electrical weapons were used in 39%;
• more than 20% included a documented statement of “I can’t breathe”;
• the average reported settlement among resolved cases with available information was approximately $2.5 million. (PubMed) PubMed

The researchers cautioned that the true incidence remains uncertain.

These findings describe a historical litigation dataset—not a settlement schedule.

Why Medical Causation Can Dramatically Affect Settlement Value

A prone restraint death case often involves competing medical explanations.

The family may argue that:

• torso pressure;
• prone positioning;
• neck pressure;
• exhaustion;
• delayed repositioning

caused or contributed to death.

The defense may point to:

• drug intoxication;
• heart disease;
• obesity;
• metabolic disturbance;
• other medical conditions.

Recent forensic research continues to describe prone restraint with torso compression as a complex setting in which fatal outcomes may involve cumulative physiological stress rather than a single mechanism. (PubMed) PubMed

Medical causation can therefore become one of the biggest drivers of settlement risk.

Does the Medical Examiner’s Finding Determine the Case?

It can be very influential, but it may not end the dispute.

The medical examiner may identify:

• restraint as a cause;
• restraint as a contributing factor;
• drug toxicity;
• heart disease;
• another mechanism;
• multiple combined factors.

Both sides may retain independent experts.

A jury can ultimately hear competing medical opinions if the case proceeds to trial.

What if the Autopsy Calls the Death a Homicide?

In forensic pathology, homicide generally refers to death caused by the actions of another person.

It does not automatically mean:

• murder;
• criminal guilt;
• unconstitutional force;
• civil liability.

The legal system must separately determine whether the conduct was criminal or civilly wrongful.

Still, a homicide classification connected to restraint may be significant medical evidence.

What if Drugs Were Present?

Drug toxicology can reduce, increase, or simply complicate settlement risk depending on the evidence.

The defense may argue:

“The drugs caused the death.”

The family may respond:

“The drugs made him vulnerable, but the restraint materially contributed.”

Those positions often become battles between medical experts.

Drug use does not automatically eliminate civil liability.

Nor does the fact of restraint automatically eliminate a drug-related cause.

What if the Person Had Serious Heart Disease?

The same principle applies.

A preexisting medical condition can make someone more vulnerable.

The legal question may become whether the restraint:

• caused death;
• substantially contributed;
• aggravated the condition;
• played no meaningful role.

A strong settlement analysis should account for all of the medical evidence rather than ignoring unfavorable findings.

Does Video Increase Settlement Value?

It can substantially affect risk.

Clear video may show:

• the person becoming handcuffed;
• resistance ending;
• officers continuing pressure;
• breathing complaints;
• declining movement;
• loss of responsiveness;
• delayed medical response.

That may reduce disputes about what happened.

But video can also strengthen the defense.

If footage shows continuing violent resistance or rapid medical intervention, it can weaken the family’s claims.

Video does not automatically help one side.

It decreases uncertainty.

What if Police Reports Conflict With the Video?

That can affect credibility and settlement posture.

Suppose reports state:

“The individual remained combative.”

But video appears to show several minutes of little or no movement.

Or:

“Medical aid was immediately requested.”

while dispatch records show a significant delay.

Those discrepancies may become important during:

• depositions;
• summary judgment;
• settlement negotiations;
• trial.

Does the Number of Officers Matter?

Potentially.

A case involving one officer struggling with a dangerous person may present different facts from a case involving six officers restraining one handcuffed individual.

The number of officers can affect:

• perceived threat;
• available alternatives;
• ability to reposition;
• ability to monitor;
• failure-to-intervene claims.

But officer numbers alone do not determine liability.

Does Restraint Duration Affect Settlement Value?

Potentially.

Duration can become especially important after handcuffing and control.

A brief prone position while officers secure restraints can present different facts from several minutes of continued face-down pressure after resistance stops.

The Supreme Court’s Lombardo v. City of St. Louis decision emphasized the importance of considering the specific manner and duration of force rather than treating prone restraint as a categorical rule. The Court did not itself decide that the officers were liable. (U.S. Supreme Court)

What About Delayed Medical Aid?

This may create separate exposure.

Suppose the person becomes:

• motionless;
• unresponsive;
• unable to speak;
• visibly cyanotic;
• pulseless.

A case may examine not only whether officers caused the medical crisis but whether they responded appropriately once it became apparent.

Possible evidence includes:

• body-camera timestamps;
• EMS call time;
• CPR start time;
• AED deployment;
• paramedic arrival.

The medical consequences of delay may require expert testimony.

Can Several Claims Be Settled Together?

Yes.

A resolution may settle multiple theories, such as:

• excessive force;
• failure to intervene;
• denial or delay of medical care;
• wrongful death;
• survival claims;
• state tort claims;
• municipal liability.

Settlement agreements usually define exactly which claims and defendants are being released.

Families should understand the scope before signing.

Can Some Defendants Settle While Others Continue Litigating?

Potentially.

For example:

• a city may settle;
• one officer may remain in the lawsuit;
• another defendant may be dismissed;
• a medical provider may remain.

The structure depends on the case.

Partial settlements can create additional allocation and release issues.

How Are Settlement Proceeds Divided?

That depends on:

• state wrongful-death law;
• survival law;
• estate administration;
• beneficiaries;
• attorney’s fees;
• litigation costs;
• medical liens;
• probate orders.

The headline number is not necessarily the amount ultimately distributed to family members.

Can Medical Liens Reduce the Net Recovery?

Potentially.

Claims may arise from:

• Medicare;
• Medicaid;
• private health insurance;
• hospitals;
• other benefit programs.

Lien resolution can be part of the settlement process.

A lawyer may attempt to verify and resolve valid reimbursement obligations before final distribution.

Does the Estate Need Probate Approval?

Sometimes.

Depending on state law and the structure of the case, probate court may be involved in:

• opening the estate;
• appointing a representative;
• approving a settlement;
• allocating proceeds;
• protecting minor beneficiaries.

Procedures vary.

What if a Child Is Receiving Part of the Settlement?

Additional protections may apply.

Courts sometimes require:

• approval;
• blocked accounts;
• trusts;
• annuities;
• structured settlements;
• guardianship arrangements.

The purpose is to protect the minor’s funds.

Can the Settlement Be Structured Over Time?

Potentially.

Some settlements are paid as a lump sum.

Others may include structured payments.

A structured settlement may provide periodic payments over a defined period.

Whether that is useful depends on:

• beneficiary needs;
• age;
• tax considerations;
• financial planning.

Families should obtain qualified financial and tax advice where appropriate.

Are Wrongful-Death Settlements Taxable?

Tax treatment depends on what the payment represents and applicable federal and state rules.

Different portions of a civil-rights settlement can potentially receive different tax treatment.

Families should not rely solely on the settlement document or general internet guidance.

A qualified tax professional can review the final allocation.

Can Confidentiality Be Required?

Sometimes.

Government settlements may be subject to public records laws, public approval requirements, or transparency rules.

That can make confidentiality more limited than in purely private litigation.

The agreement should clearly state:

• what is confidential;
• what is public;
• what family members may say;
• what government records remain accessible.

Who Decides Whether to Settle?

Ultimately, the authorized plaintiff or estate representative makes the decision with legal advice.

The lawyer can evaluate:

• likely trial value;
• liability risk;
• qualified immunity;
• causation;
• municipal liability;
• appeal risk;
• timing;
• costs.

But settlement is a client decision.

Should a Family Accept the First Offer?

Not automatically.

Before evaluating an offer, important questions include:

• Have all videos been obtained?
• Is the autopsy complete?
• Has toxicology been reviewed?
• Do independent experts agree?
• Is municipal liability being investigated?
• Are wrongful-death damages calculated?
• Are all beneficiaries identified?
• Have liens been evaluated?
• Are non-monetary reforms important to the family?

An early offer can be appropriate in some cases.

In others, important information may still be missing.

Why Trial Risk Matters

No case is guaranteed.

A jury may find:

• officers used reasonable force;
• medical causation was not proven;
• another cause of death was more persuasive;
• some defendants were liable, but others were not.

Conversely, a jury may award substantially more than a pretrial offer.

Settlement converts uncertainty into an agreed outcome.

Why Appeals Matter

Even a large jury verdict may not end the case.

Defendants may appeal:

• qualified immunity rulings;
• liability;
• damages;
• municipal liability;
• evidentiary issues.

Appeals can take years.

Settlement often trades some potential upside for finality.

What Can Make a Prone Restraint Death Settlement Larger?

No factor guarantees a result, but exposure may increase when the evidence includes several of the following:

• clear video;
• handcuffs already secured;
• no continuing resistance;
• multiple officers already in control;
• prolonged prone restraint;
• substantial torso or neck pressure;
• repeated “I can’t breathe” statements;
• obvious medical deterioration;
• continued force after unresponsiveness;
• delayed medical care;
• strong medical causation;
• police reports contradicted by video;
• prior similar departmental incidents;
• evidence supporting punitive damages;
• major financial or relational family losses.

What Can Reduce Settlement Value?

Potential weaknesses may include:

• significant continuing resistance;
• immediate danger to officers;
• rapid restraint duration;
• prompt repositioning;
• prompt medical response;
• strong toxicology evidence unrelated to restraint;
• severe preexisting disease;
• conflicting medical causation;
• video supporting police;
• weak municipal-liability evidence;
• qualified immunity;
• procedural or filing problems.

A realistic settlement analysis should include both favorable and unfavorable facts.

A Family Should Build a Damages File

Financial records

Preserve:

• tax returns;
• pay records;
• benefits;
• retirement records;
• employment history.

Family information

Document:

• dependents;
• household responsibilities;
• parental role;
• spouse and children;
• services provided.

Final expenses

Keep:

• funeral invoices;
• burial expenses;
• medical bills.

Estate records

Keep:

• probate documents;
• representative appointment;
• beneficiary information.

Liability evidence

Preserve:

• video;
• police records;
• autopsy;
• toxicology;
• witness information.

Settlement value depends on proof of both liability and loss.

Prone Restraint Settlement Examples Should Be Used Carefully

Publicly reported cases provide context:

2022 — Rochester: The Daniel Prude case settled for $12 million. Washington Post

2023 — Atlanta: The Ricardo Dorado Jr. matter resolved for $3.75 million. Axios

2024 — Sacramento: Reginald Payne’s family received a $4.35 million settlement. Sacramento Bee

2025 published research: A retrospective review of 229 reported U.S. prone-restraint death cases from 2010–2019 found an average reported settlement of about $2.5 million among resolved cases with available settlement data. PubMed

These figures should never be treated as a promise or expected range.

The legally important question is what the evidence supports in this family’s case.

What Should a Family Ask Before Settling?

Ask:

Do we know exactly what caused the death?

Have we reviewed every available body-camera angle?

Do we know when resistance ended?

How long did prone restraint continue?

Have experts reviewed the autopsy and toxicology?

Is there evidence of prior similar incidents?

Can the city or county be held liable?

What damages does state wrongful-death law permit?

Are punitive damages realistically available?

Are there important policy reforms we want included?

What would happen if the case went to trial instead?

A settlement decision should be based on a full understanding of both the evidence and the risks.

How This Article Fits Into the Prone Restraint Death Cluster

Prone Restraint Death Lawsuit

Explains when continued face-down restraint may support a civil-rights or wrongful-death claim.

Prone Restraint Death Lawyer

Explains how attorneys investigate video, restraint duration, autopsy findings, toxicology, officer conduct, training, and medical response.

Prone Restraint Death Settlement

Explains how compensation and resolution may involve wrongful-death losses, survival damages, punitive damages, attorney’s fees, policy reforms, and litigation risk.

The final two stand-alone articles will focus on narrower high-intent questions:

Can a Family Sue After a Death Caused by Prone Restraint?

and

Can Police Keep Someone Face Down After They Are Handcuffed?

Talk With Ben Crump Law About a Prone Restraint Death Settlement

A prone restraint death case cannot be valued solely by looking at another family’s settlement.

The amount may depend on what the video shows, when resistance ended, how long restraint continued, what the autopsy establishes, whether medical care was delayed, which officers were involved, whether department practices contributed, and what losses state law allows the family to recover.

The most important first step is not calculating a settlement.

It is preserving the evidence needed to determine what happened and who may be legally responsible.

If your loved one died after being restrained face down by police, particularly after being handcuffed, controlled, or becoming medically unresponsive, a civil-rights attorney can evaluate potential wrongful-death damages, federal claims, responsible defendants, settlement options, and possible non-monetary reforms.

Contact Ben Crump Law at +1 (800) 683-5111 for a free, confidential consultation.