Who Can Sue After a Fatal Police Shooting in New York
When a Life is Taken, the Questions Begin
The news hits like a punch to the chest. One moment you’re living your life, and the next, you’re told someone you love has been killed in a police shooting. There’s shock. There’s anger. And underneath it all, there’s a deep, aching grief that doesn’t let go. On top of that pain comes a flood of questions: Who is responsible? How do we make sure the truth comes out? Who actually has the legal right to step forward and file a claim?
This is where our team at Horn Wright, LLP, can step in. We’ve spent years representing families through some of the most heartbreaking wrongful death and civil rights cases in New York. We understand the unique challenges of fatal police shooting claims.
Who Can Actually Step Forward (and Who Can’t)
In New York, the right to file after a fatal police shooting isn’t as straightforward as many people expect. The law generally requires that the claim be brought by the court-appointed representative of the deceased person’s estate. This person might be named in a will as an executor, or if there’s no will appointed by the court as an administrator.
It’s important to separate two different legal perspectives:
- The estate’s claim: Filed on behalf of the person who passed away, this addresses what they experienced before death. like medical bills, pain, and suffering.
- The survivors’ claim: Filed for the losses suffered by those left behind, spouses, children, parents, or other dependents.
Even if you’re not the one officially filing the lawsuit, you can still benefit from the outcome. For example, surviving spouses, children, and sometimes parents may receive a share of any damages recovered.
The key point: not everyone can file, but the right legal action can still ensure the people closest to the victim are supported.
Two Different Battles And Why You Might Need Both
After a fatal police shooting, there are typically two legal claims that can be pursued—sometimes at the same time.
A wrongful death claim is designed to address the family’s own losses. This might include the lost financial support the victim provided, the value of household services, and the guidance and emotional support they gave to loved ones. It’s about making the family whole, at least in a financial sense, for what was taken from them.
A survival action, on the other hand, focuses on what the victim themselves endured between the injury and their death. This could cover things like medical expenses, lost wages during that period, and compensation for the conscious pain and suffering they experienced. If a victim survived even a few hours after being shot, these damages can be significant.
For example, imagine a person who was shot, taken to the hospital, and passed away two days later. The wrongful death claim might seek compensation for the family’s financial and emotional losses, while the survival action would address the victim’s own suffering and the medical costs in those two days. Both claims are distinct but can be part of the same overall case.
When Justice Means Fighting for Civil Rights
When a police shooting results in death, there’s often another layer of legal protection at play: civil rights claims under federal law, specifically 42 U.S.C. § 1983. This law allows people to seek damages when their constitutional rights, such as the right to be free from excessive force, are violated by someone acting under the authority of state law.
These claims can be filed alongside wrongful death and survival actions. In some cases, they allow families to hold not only the individual officer accountable but also the police department or municipality if their policies, training, or supervision contributed to the wrongful death.
Civil rights claims require proving that the officer’s actions weren’t just a mistake, but a violation of constitutional protections. This can open the door to additional damages, including punitive damages in certain cases, which are meant to punish especially harmful conduct.
Every Loss Counts: Here’s What You Can Claim
When you take legal action after a fatal police shooting, the potential damages fall into two broad categories: economic and non-economic.
Economic losses include measurable financial impacts:
- Loss of financial support that the victim would have provided
- Funeral and burial expenses
These also cover medical bills related to the injury and the value of household contributions, things like childcare or ongoing home maintenance that the victim regularly handled.
Non-economic losses are harder to measure but no less important:
- Loss of parental guidance for children
- Pain and suffering experienced by the victim before death
Families can also recover for the deep emotional void left by the loss of companionship and support a spouse or partner once provided.
Quick scan of possible damages:
- Loss of financial support
- Loss of guidance and emotional support
In cases where the victim lived for some time after the shooting, the estate can claim damages for the fear, pain, and suffering they endured.
How Courts Decide What a Life Was Worth
Putting a monetary figure on a human life feels uncomfortable. But in court, the process is necessary to secure compensation that can keep a family afloat after a tragedy.
Courts in New York will look at:
- The victim’s income history and career potential
- Their age and life expectancy
They’ll also weigh the strength of relationships with surviving family members and consider the victim’s role in the household, whether they were a caretaker, a source of emotional stability, or someone who kept the household running through daily contributions.
Expert witnesses often play a key role. Economists can project lost future earnings. Vocational experts might explain career growth potential. Mental health professionals can speak to the emotional toll on surviving family members.
For non-economic damages like the loss of love, companionship, and guidance the process is more subjective. Judges and juries listen to testimony, review photographs, and hear stories about the victim’s role in the family to understand what was lost.
Deadlines That Can Destroy Your Case
New York law imposes strict deadlines for filing wrongful death claims. In most cases, you have two years from the date of death to file. But when the claim involves a government entity (such as a city police department) the rules get even tighter.
You may need to file a Notice of Claim within 90 days of the death. This formal document alerts the city or municipality that you intend to file a lawsuit. Missing this deadline can prevent you from pursuing the claim, no matter how strong your case.
Because of these time limits, it’s critical to start the process as soon as possible. Gathering evidence, securing witness statements, and completing procedural requirements takes time, and delays can be costly.
Why You Shouldn’t Face This Fight Alone
Fatal police shooting cases sit at the intersection of several complex areas of law: wrongful death, survival actions, and constitutional law. Each has its own procedures, standards of proof, and damages rules. On top of that, going up against government entities means navigating procedural hurdles that don’t exist in other types of personal injury cases.
Horn Wright, LLP has the experience and resources to handle these challenges. We know how to investigate police shootings thoroughly, collecting body camera footage, analyzing dispatch recordings, consulting forensic experts, and interviewing witnesses. We handle the court filings, the negotiations, and the trial work, so families can focus on processing their grief.