Wrongful Death Claims After a Fatal Police Shooting in the Bronx

Legal Options and Next Steps for Families Seeking Justice

When police use deadly force, families are often left reeling. These tragedies leave deep emotional scars and raise painful questions. Could something have been done differently? Was the shooting justified? In the Bronx, fatal police encounters happen too often, especially in neighborhoods like Soundview and Fordham. If you lost someone you love to a police shooting, you're likely facing more than grief. There's confusion, there's anger, and there are legal decisions to make that feel overwhelming.

At Horn Wright, LLP, our Bronx wrongful shooting lawyer team stands with families seeking justice after fatal police shootings. Our attorneys understand New York's wrongful death laws and know how to challenge powerful institutions like the NYPD and the City of New York. We handle the legal fight so you can focus on your family. If you're ready to talk, we're ready to help.

What Makes a Police Shooting a 'Wrongful Death'?

Not every police shooting results in a lawsuit. But when force goes too far, it may cross into the territory of wrongful death. In New York, a wrongful death claim can be filed when someone dies because of another party's negligence or misconduct. That includes law enforcement.

Wrongful death in a police shooting hinges on whether the officer used force that exceeded what the law allows. The NYPD has detailed policies on use of force, including when officers can draw or fire their weapons. If an officer violated these rules, a court may consider the shooting unlawful. In many cases, investigations by the NYPD's Internal Affairs Bureau or the Bronx District Attorney's Office help uncover whether the use of force was justified.

Examples of excessive force include:

• Shooting someone who was unarmed
• Firing without warning when not in immediate danger
• Using deadly force during a mental health crisis without de-escalation

When evidence shows a pattern of misconduct or poor judgment, a wrongful death lawsuit becomes a vital tool for accountability.

Who Can File a Wrongful Death Lawsuit in the Bronx?

Losing a loved one is devastating. But not everyone connected to the person can file a wrongful death claim in New York. State law gives that right to the "personal representative" of the deceased person's estate. This person is usually appointed by the Bronx Surrogate's Court.

Eligible family members may include:

• A surviving spouse
• Children
• Parents
• Siblings (in some limited cases)

Even if you're not the one filing, you may still receive compensation through the estate if you're a legal beneficiary. The personal representative files the lawsuit on behalf of all those entitled to recover.

In the Bronx, these claims are typically filed in Bronx County Supreme Court, where judges regularly hear cases involving the NYPD and the City of New York. Working with an attorney helps ensure the paperwork, deadlines, and estate documentation meet all legal requirements.

What Compensation Can Surviving Families Recover?

No amount of money can bring a person back. But financial compensation helps families cover urgent costs and hold the responsible parties accountable. In a wrongful death claim, the estate can seek damages for both economic and non-economic losses.

Recoverable damages may include:

• Funeral and burial expenses
• Medical costs related to the final injury or illness
• Lost wages and future earnings
• Loss of parental guidance or companionship
• Pain and suffering before death (if proven)

If the victim supported their family financially, the court will consider the impact of that lost income. For many Bronx families, especially in households already under economic strain, this support makes a difference. Judges may also account for emotional damage, though placing a dollar figure on grief is never easy.

In some cases, courts may award punitive damages to punish especially reckless behavior. While rare, these awards send a clear message about police accountability in the Bronx.

What Evidence Helps Build a Strong Case?

To prove wrongful death after a police shooting, your legal team must move quickly. Critical evidence can disappear or become harder to access the longer you wait. That’s especially true when the defendant is a city agency like the NYPD.

Key forms of evidence include:

• Body-worn camera footage
• Police radio transmissions
• Autopsy and medical examiner reports
• Eyewitness accounts from bystanders
• Cell phone or surveillance video
• Officer disciplinary or misconduct records
• Internal NYPD use-of-force reports

Sometimes, footage from nearby intersections like East 149th Street or Morris Avenue reveals events more clearly than police reports. Bronx residents have also increasingly used cell phone videos to document encounters. An attorney can file subpoenas and Freedom of Information Law (FOIL) requests to obtain these crucial records.

How Long Do You Have to File a Wrongful Death Lawsuit in New York?

Time matters. In New York, most wrongful death lawsuits must be filed within two years of the person’s death. But if the claim involves a public agency, like the NYPD or the City of New York, you also need to file a Notice of Claim within 90 days of the incident.

Missing this deadline can block your right to sue. The Notice of Claim gives the city a heads-up that you intend to file a lawsuit. It must include specific facts, including names, dates, and the nature of your claim.

The process often includes:

• Filing a Notice of Claim with the City Comptroller’s Office
• Attending a hearing under General Municipal Law Section 50-h
• Waiting 30 days before officially filing your lawsuit

Because these steps move quickly, it’s best to get legal advice as soon as possible. Families dealing with trauma shouldn’t also have to track court filing deadlines.

Can You Sue the NYPD or the City of New York?

Yes, but it’s not straightforward. The law gives public employees some legal protections. But when a police officer acts outside the bounds of their duty, or uses excessive force, those protections may no longer apply.

In these cases, the lawsuit often names both the individual officer and the City of New York. That’s because the city employs the officer and may be liable for their actions.

Courts in Bronx County have heard many such cases. Judges assess whether the officer followed NYPD procedures, acted reasonably, and respected civil rights. When those standards aren't met, lawsuits can proceed. Still, these claims require detailed investigation and strong evidence.

Claims may cover:

• Violations of constitutional rights
• Negligent hiring or supervision of officers
• Civil assault and battery

These aren’t simple cases. But they are possible with the right legal support.

How Local Factors Affect Police Shooting Claims in the Bronx

Wrongful death lawsuits in the Bronx don’t unfold in a vacuum. Local history, policing practices, and community-police relations shape how these cases play out. The Bronx has seen repeated concerns about over-policing, stop-and-frisk policies, and systemic racism. These elements can affect jury attitudes and settlement offers.

Local factors that may influence your claim include:

• Community tensions in high-surveillance areas like the South Bronx
• Prior lawsuits against officers in the same precinct
• Political attention from Bronx Borough leadership
• Public protests or advocacy following the shooting

The Bronx also has a high volume of civil rights claims. Judges and juries here may be more familiar with police misconduct cases. Still, every situation is different. Jurors weigh each incident based on the evidence, not just reputation.

Recent Bronx Cases That Reshaped Public Awareness

Several Bronx cases have spotlighted the issue of deadly force and changed how residents view police accountability. These examples don’t predict the outcome of future cases, but they show the real-world impact of legal action.

• Antonio Williams (2020): Fatally shot by NYPD officers in Edenwald Houses. The case raised questions about plainclothes units and prompted calls for increased transparency.
• Kawaski Trawick (2019): Shot inside his own apartment after officers failed to follow crisis intervention protocols. The case drew citywide attention and led to internal NYPD disciplinary hearings.

These cases gained media coverage from Bronx-based outlets like News 12 The Bronx and The Norwood News. They also increased pressure on NYPD leadership to reassess training and oversight.

Why Legal Support Matters After a Fatal Police Shooting

Facing the NYPD or City Hall in court is never easy. Families already under immense stress must also manage legal timelines, dense paperwork, and investigative gaps. That’s a heavy burden.

When you work with experienced Bronx wrongful death attorneys, you’re preserving your loved one’s story. You’re protecting others from facing the same pain. And you’re forcing accountability where it matters most.

Our team supports families with:

• Filing estate documents in Bronx Surrogate’s Court
• Gathering and protecting key evidence
• Preparing detailed legal claims against the NYPD or city
• Working with investigators and experts
• Supporting clients through emotionally charged hearings

It’s about dignity, memory, and justice.

Get Answers About Your Legal Rights in the Bronx

If you lost a family member to a police shooting in the Bronx, don’t face the legal system alone. You have the right to answers. You have the right to accountability. And you may have a right to compensation. Contact us at Horn Wright, LLP. We help Bronx families fight back with strength and clarity. We know the legal terrain, and we don’t back down. Let us take the legal pressure off your shoulders so you can focus on healing.