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Wrongful Death Lawsuits Filed against Police/Prison/Jail


Go ahead and run a Google search for a “wrongful death lawsuit”. While you’ll find lawsuits with all sorts of allegations, the most common type of wrongful death lawsuit you’ll see in the news today are those filed against the government and law enforcement. Whether it’s a lawsuit alleging that a jail failed to respond to an inmate in a medical crisis or police using excessive force, such lawsuits are by far the most common you’ll find.

While it’s true that these lawsuits are in the forefront of our collective consciousness right now after the George Floyd and Breonna Taylor deaths, lawsuits don’t get filed based on popularity contests. They may be easier to win now and they may be getting more press, but deaths caused by police and law enforcement are more rampant than they need to be.

Understanding police brutality lawsuits 

Police brutality lawsuits are filed on a theory of excessive force. Police and agents of the government cannot traditionally be sued for negligence that occurs within the scope of their duties. However, police have substantial rules when it comes to their conduct toward suspects and detainees. In cases where a police officer goes beyond the scope of their duties in an effort to restrain a suspect, a lawsuit can be filed against the government alleging that the police officer was not within the scope of his duties when he was conducting the arrest.

Typically, such lawsuits allege that a police officer discharged their weapon without due cause or continued to physically attack a suspect after they had been neutralized. By and large, the latter are easier to win.

Understanding jail death lawsuits 

Suspects taken into jail are at the complete mercy of their jailers. They rely on them for food, safety, and medical services. In cases where a jail does not respond to an open and obvious medical issue, the jail can be sued if the patient suffers life-altering injuries or dies as a result of neglect.

The jail has a duty of care to provide services to inmates regardless of what they’ve done. The duty of care establishes when an inmate can file a lawsuit against a jail for denying medical coverage.

Why is there an uptick in LEO lawsuits? 

The uptick may be related to high-profile cases gaining national attention. More individuals feel empowered to file these lawsuits based on the current zeitgeist. But it’s not as if the courts are being inundated with fraudulent claims every time an inmate gets a papercut. Instead, the courts are facing wrongful death lawsuits filed by families of inmates and detainees who have been avoidably killed by negligent law enforcement.

Talk to a Miami Personal Injury Lawyer Today 

Payer Law represents the interests of injured plaintiffs in lawsuits against negligent parties, including the government. Call our Miami personal injury lawyers today to schedule a free consultation and learn more about how we can help.

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