Can a sibling sue for wrongful death?

Asked about 5 years ago - California

My brother was kill by a police officer during a robbery. The press release and the statement given to the media by the cop who shot my brother lied to the media saying my brother lunged at him with a knife during a robbery so he had no choice but to shot him in the torso. We Just received the autopsy and investigation report stating that my brother was shot in the back 3 times. Also a tapes of the incident was seen by my brothers friend who was also involved with the incident. He said My brother never once lunged and they were on there way out the door and the off duty police officer run up behind my brother and Shoot him in the back. My brothers wife and baby girl and suing and her lawyer is researching weather or not myself and my little brother can sue. Our parents are out of the picture we were all we had growing up.

Attorney answers (1)

  1. John M. Kaman

    Pro

    Contributor Level 20

    Answered . A sibling can file a wrongful death suit in CA but in addition you want to be sure to sue the County and the City of Stockton for the actions of the police and possibly a civil rights action against the individual officers themselves (42 USC ยง 1983). For the claim filed against the County and City you need to present a written claim on a form they will procide you within 6 months of your brother's death. They will almost certainly deny it but you cannot file a lawsuit without doing this first.

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