how long does someoneae to file ater being shot by a police officer?
Employment / Labor Attorney
I think you will get a better audience for your question if it is redirected to the personal injury practice area.
Good luck to you.
This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.
Wrongful Death Attorney
If you want to be in the state court, than a claim for damages (tort claim) must be filed within six months. Thereafter, if the claim is denied, there is six months to file a lawsuit.
If on the other hand, you missed those deadlines, or want to be in federal court, you have three years to file violation of civil rights complaint.
Call me if you need representation.
Personal Injury Lawyer
The law varies. See a local trial lawyer that handles civil rights cases.
My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.
Personal Injury Lawyer
Assuming the police worked for any governmental agency or a municipal corporation such as Los Angeles police department or Los Angeles county sherif department rather than a privately owned company you would be required to file a government claim form with six 6 months from the date of the shooting. You would then have to file a lawsuit within six months fe the date the claim is denied or rejected. Or deemed rejected by silence. This are complicated procedural cases and the government code applies. You should definitely consult with an attorney who has handled these cases before
Our firm does civil rights cases - you have an extremely short amount of time to do everything. Like the other posters said, it is 6 months to file a claim; in some cases this can be extended to 1 year. Then, once the government claim is decided upon (or deemed rejected), you can file suit in state or federal court, depending on the facts of the case.
We have a number of civil rights cases right now - if you would like a consultation, I would be more than glad to speak to you (they are always free). Otherwise, I would suggest you find a lawyer that can help you - there are plenty of great lawyers on this site and throughout the web.
Take care, and I am sorry this has happened. Rabeh
PLEASE READ: ATTORNEY ADVERTISING MATERIAL. I am providing you with general comments, not legal advice. Nothing in this answer creates an attorney-client relationship nor constitutes legal advice, as I do not know the facts of your case well enough to be able to guide you, nor am I making any promises about the outcome of your case, or any guarantees about my capabilities, skill level, or predicted success. If you would like to retain me to provide you with legal advice, please contact me and we can discuss the engagement.