Uvalde School Shootings: Can The Victims’ Families File a Wrongful Death Lawsuit For Damages?

Texas police have been accused of poorly handling the response to the Uvalde school mass shooting, which killed 19 children and two adults. While the response of law enforcement continues to be under serious scrutiny, it is worth asking whether the victims’ families can hold the police liable and claim wrongful death compensation in a civil court.

Potential Negligence of the Police

According to the timeline released by the Texas Department of Public Safety, as many as 19 police officers were in the school for nearly one hour before the police entered the classroom and killed the gunman. The students had been making desperate calls for help to 911 while the shooter remained active.

Will Civil Liability Hold in Court?

The Doctrine of Sovereign Immunity says that a government cannot be held liable for injuries caused to the citizens. While the police can be sued for wrongful death damages under limited circumstances, it remains to be seen whether those circumstances would apply in this case.

According to some legal experts, even though the police in this case appear to have been seriously negligent, but for a wrongful death civil liability to stick in court, the claimants may have to prove more than just negligence – they may have to show policy fault.

In other words, unless the written policy of the Texas law enforcement is faulty with regard how the police should respond to these situations, it may be hard to win a wrongful death lawsuit in this case.

Case for Seeking Wrongful Death Damages

A divergent view on the Uvalde school shooting case is that a wrongful death lawsuit may hold in a court of law. The police officers receive training to engage an active shooter as quickly as possible. According to experts, the standard procedure is that as soon as you determine that an active shooter is present in the area, you do not wait for anyone. Even at the cost of your own peril, you are expected to engage and move fast to neutralize the threat.

In the present case, there were 19 law enforcement officers that could do whatever was needed to be done. If they believed that the individuals under threat were still alive, it was their legal obligation to show a greater level of urgency. Considering these facts, the surviving family members of the decedents may be entitled to pursue a claim of wrongful death on behalf of their loved one.

Recovering Compensation in a Wrongful Death Case

In general, when a person is killed because of the negligence of someone else, their surviving family members are entitled to seek damages by filing a wrongful death lawsuit. This principle also applies to law enforcement officers. Damages in these cases are aimed at compensating the victim’s family members for their loss. In wrongful death claims against the police, the settlements may potentially run into millions of dollars.

In California, there is no cap on the compensatory damages that may be awarded in wrongful death or personal injury cases. Apart from the compensation for actual losses and emotional suffering, the courts in California may also award punitive damages in some cases. These are exemplary damages that may be awarded when the actions of the defendant are found to be particularly egregious. No state is perfect, California has its own crime problems that are making headlines, but wrongful death lawsuits can be beneficial to a victim/s in this west coast state.

Legal Help is Here from Experienced Wrongful Death Attorneys

If you have lost a loved because of the negligence or malicious acts of another person, including a police officer, you may be entitled to receive compensation. The seasoned wrongful death lawyers at Walch Law Firm have the skills and resources to pursue financial compensation for your losses you suffered as a result of the wrongful death of a loved one. To schedule a free and confidential consultation with our legal team, call us at 1-844-999-5342 or fill out this online form.