When a friend or loved one passes away, that loss leaves a void that is impossible to fill completely. That void is sometimes seen to be greater when the person was lost due to someone else’s careless or reckless action. Legal actions for wrongful death are intended to help those individuals left behind be able to recover a fraction of what they lost, while also bringing attention to the negligent act in an attempt to ensure it does not happen again.
Unfortunately in today’s modern society we hear all too regularly of wrongful death actions against those who are sworn to protect and serve. Merely because a wrongdoer is a government agent, such as a police officer, does not mean that they are immune from accountability. There are some limits and specific rules when litigation involves police officers. This blog post being published today, June 9th, 2025, is particularly timely given the conflict going on in Los Angles currently between protesters, police, and the National Guard.
The use of force by law enforcement is an intricate and highly debated issue in the United States. While police officers are entrusted with the essential duty of maintaining public safety and protecting communities, the occurrence of excessive force can lead to devastating outcomes, including wrongful deaths. It is crucial to gain a comprehensive understanding of the legal framework governing police conduct, the statistics reflecting these incidents, and the broader implications for society in order to effectively address concerns surrounding police accountability and reform.
Law enforcement officers are legally permitted to use force when necessary to protect themselves, others, or to apprehend a suspect. However, excessive force is defined as the use of more physical force than a reasonable officer would deem necessary given the specific circumstances of a situation. The Fourth Amendment of the U.S. Constitution provides a constitutional safeguard by protecting individuals from unreasonable searches and seizures, which extends to excessive force employed by law enforcement in the line of duty.
Supporting this notion, a recent survey conducted by the U.S. Department of Justice revealed that over 40% of individuals who reported police misconduct indicated that officers used or threatened to use force against them. These encounters often result in serious physical injuries or, tragically, fatalities, which subsequently lead to wrongful death claims against law enforcement agencies.
Wisconsin law does not allow lawsuits to be brought against state employees (including peace officers) “for or on account of any act growing out of or committed in the course of the discharge of the officer’s…duties.” What this means is that if an officer injures someone while performing his or her duty, such as making an arrest, no lawsuit may be brought to recover damages for those injuries.
Families who lose a loved one due to police misconduct have the option to file wrongful death lawsuits. These legal actions typically assert that the officer involved acted negligently or violated the deceased individual’s civil rights. While the majority of wrongful death lawsuits are filed in state courts, federal courts have jurisdiction over cases that involve violations of constitutional rights, such as instances of excessive force or unlawful killings. In several jurisdictions, the doctrine of qualified immunity may be applied to protect law enforcement officers from liability in civil lawsuits, complicating the pursuit of justice for the families of victims.
Qualified immunity can present significant challenges, as it shields officers from accountability unless it can be proven that they violated “clearly established” constitutional rights. Nonetheless, ongoing legal challenges, along with growing public pressure for accountability, have contributed to a heightened examination of police practices and use of force.
However, in wrongful death actions, a plaintiff is claiming that the wrongdoer was negligent. If an injury occurs while the officer is acting negligently, then the governmental immunity provisions of the law no longer protect that officer from litigation.
The financial outcomes of wrongful death settlements can vary substantially based on the unique details surrounding each case. Some notable settlements that advocate for victims’ families have included:
In order to bring a wrongful death action in court against an alleged wrongdoer, the decedent’s family member(s), or representative, must file in court within three years after the negligent act. This period begins to run from the moment that the injury leading to death occurred, or in some cases, when the injury was discovered. Ensuring that a case is filed properly within this time period is crucial as missing the deadline can mean that the action will be barred permanently.
The party or parties bringing a wrongful death action, if successful, can recover significant monetary damages. This is not merely to punish the wrongdoer for the negligent act, but to attempt to provide some semblance of an award that attempts to make the plaintiff whole. It is well known that money cannot bring a loved one back or fill the void left by their abrupt departure.
However, a victim’s family should not suffer further insult or injury than that which the wrongdoer has already caused. Under Wisconsin law, parties can recover medical expenses, funeral and burial costs, funds to cover lost wages or income to the family, and loss of companionship (up to a statutory limit).
In response to the rising concerns over excessive force and wrongful deaths, many law enforcement agencies have begun implementing a series of measures designed to promote accountability and enhance public trust. Some of these initiatives include:
Body Cameras – The use of body-worn cameras has emerged as a vital tool for increasing transparency in police interactions. These devices aim to provide an objective record of encounters between officers and the public, which can be crucial in investigations following incidents of alleged misconduct.
De-Escalation Training – Many police departments are now prioritizing training programs focused on de-escalation techniques. These programs are designed to equip officers with the skills necessary to defuse tense situations without resorting to the use of force.
Stricter Use of Force Policies – Law enforcement agencies have begun to revise their policies regarding when the use of force is justified, aiming to ensure that officers are held to a higher standard when it comes to engaging with the community. By fostering a better understanding of police use of force and the statistics surrounding wrongful deaths, communities can empower themselves to advocate for meaningful accountability measures and reform within law enforcement.
Losing a loved one to someone else’s negligence is never easy, but it can be more intimidating when the wrongdoer is in a position of trust. If your loved one has been fatally injured by a negligent actor, call the Law Offices of Robert T. Edens, P.C at 847-395-2200 in Antioch today. Our experienced staff can discuss your options and provide guidance that you can use to determine your next steps.
The Law Offices of Robert T. Edens, Personal Injury and Workers' Compensation Law Office, have offices in Antioch, Waukegan, Grayslake, Woodstock and Barrington. We represent clients throughout the communities of Antioch, Waukegan, Grayslake, Barrington, Woodstock, Buffalo Grove, Deer Park, Gurnee, Lake Zurich, Round Lake, McHenry, Cary, Crystal Lake, Libertyville, Lincolnshire, Mundelein, Vernon Hills, Wheeling, North Chicago, Zion, Inverness, Palatine, Wauconda, Island Lake, Fox Lake, Barrington Hills, Spring Grove, Lake Bluff, Lakemoor, Long Grove, Lake Villa, Kildeer, Wadsworth, Indian Creek, Fox River Grove, Lindenhurst and other cities within Lake and McHenry Counties Illinois.
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