When someone dies during a police interaction, it’s not just a loss—it’s often a trauma layered with unanswered questions, legal confusion, and deep emotional pain. Families are left grieving while also trying to make sense of what happened, and whether their loved one’s death could have been prevented. In California, if someone is killed due to excessive force or other forms of fatal police misconduct, the surviving family members may have legal grounds to file a wrongful death by police claim.
At Kirakosian Law, we understand that no lawsuit can ever replace the person you’ve lost. But holding those responsible accountable and seeking compensation can offer some measure of justice—and sometimes, prevent another family from suffering the same fate.
What Qualifies as Wrongful Death by Police in California?
Under California law, a wrongful death occurs when someone dies as a result of the negligence, recklessness, or intentional misconduct of another party. When the at-fault party is a law enforcement officer—or the department they work for—it becomes a particularly sensitive and complex matter.
Some of the most common scenarios where police actions may lead to wrongful death include:
- Use of deadly force against an unarmed or non-threatening individual
- Death during an unlawful arrest
- Death following excessive use of tasers, batons, or chokeholds
- Shooting a suspect who was fleeing but posed no immediate danger
- Failure to provide medical assistance while someone is in custody
These situations fall under the umbrella of fatal police misconduct, and when proven, they can serve as the legal foundation for a wrongful death claim.
Who Can Sue Police for Wrongful Death?
Not everyone affected by a loss is legally allowed to file a wrongful death lawsuit. In California, the following parties typically have standing:
- The deceased person’s surviving spouse or domestic partner
- Their children
- If there are no children or spouse, other family members such as parents or siblings may be eligible under certain conditions
In some cases, individuals who were financially dependent on the deceased—like stepchildren or a putative spouse—may also be able to file. Greg Kirakosian and his team will carefully evaluate your eligibility and guide you through this sensitive process.
How Do You Prove Wrongful Death by Police?
To sue police for wrongful death, your legal team must establish that the officer(s) acted improperly and that their actions directly caused your loved one’s death. The key elements of the case typically include:
- The officer owed a duty of care to the person (as is required under the Constitution and department policy)
- That duty was breached through negligent or intentional acts
- The breach caused the person’s death
- The family has suffered damages as a result
This often involves reviewing bodycam footage, internal police reports, autopsy results, eyewitness statements, and department policy violations. In many cases, expert witnesses—such as forensic specialists or former law enforcement professionals—are brought in to help demonstrate what should have happened versus what actually occurred.
What Damages Can Be Recovered?
No amount of money can undo the loss of a loved one. However, a wrongful death claim can help relieve the financial burden placed on grieving families and ensure accountability.
In California, recoverable damages may include:
- Funeral and burial costs
- Loss of financial support the deceased would have provided
- Loss of companionship, love, guidance, and emotional support
- Medical expenses incurred before death
- Pain and suffering (in some cases under survival actions)
The court also considers how the death has impacted minor children, dependents, or a surviving spouse in terms of future stability and well-being.
What’s the Process of Filing a Wrongful Death Lawsuit?
Filing a wrongful death lawsuit against the police is not a straightforward process. It involves both state tort law and federal civil rights law, particularly under Section 1983 of the U.S. Code, which allows citizens to sue government officials who violate constitutional rights.
Here’s what to expect:
- Initial Consultation – Speak with a civil rights attorney like Greg Kirakosian to determine the merits of your case.
- Claim Filing – In California, before filing a lawsuit against a government agency, a claim must be filed with the agency within six months of the incident.
- Investigation – Your legal team will gather evidence, consult experts, and build a case.
- Negotiation or Litigation – Depending on how the police department or city responds, the case may be resolved through a settlement or proceed to trial.
At every step, Kirakosian Law prioritizes transparency, clarity, and compassion—because we know you’re already carrying enough.
Why Choose Greg Kirakosian?
When your family is facing the aftermath of wrongful death by police in California, you need a legal advocate who is both fearless and compassionate. Greg Kirakosian has built his reputation on standing up to powerful institutions—and winning. He doesn’t shy away from difficult cases, especially when civil rights and lives are on the line.
Whether your loved one was wrongfully shot during a traffic stop, died in custody under questionable circumstances, or suffered fatal injuries from excessive force, our team will listen, investigate, and fight tirelessly for justice.
We know these cases are emotionally exhausting. That’s why we take the burden off your shoulders and handle everything with care, professionalism, and a deep commitment to your cause.
If you believe your loved one died due to fatal police misconduct, you don’t have to face this alone. Contact Greg Kirakosian, your trusted civil rights attorney in California, and let us help you pursue the accountability, justice, and compensation your family deserves.