Accidents happen in all walks of life and some are significantly more devastating than others. While many of these sad events are unexpected and even unpreventable, when they cause the loss of a loved one, it can be extremely difficult to come to terms with. You may be keen to seek justice, answers or simply some means of ensuring the same thing does not happen to anyone else.
Many families in this position consider filing a wrongful death claim. However, this can be a long process and is often met with opposition. Such has been the case for the family of a student who was shot dead in 2013. The young woman, a junior at Hofstra University, was involved in a hostage situation at her home when officers arrived on the scene.
A 30-year-old man, who was on parole at the time and had a number of previous convictions, is reported to have attempted to leave the property while holding the young woman in a headlock and making threats to shoot her. In the events that followed, the student was accidentally shot in the head by an officer.
Nassau County attempted to dismiss the lawsuit filed by the family and it has been stressed that deadly force had been the officer's only option. However, while certain parts of the lawsuit have been thrown out, a New York judge has ruled against the suit's dismissal and is allowing the litigation to proceed.
It is a sad fact that cases like this arise all too often in New York. Even when an incident is accidental, it is natural to want to pursue justice. Fortunately, you do not need to navigate the legal process alone. An attorney can advise you about your options and may be able to help you build your case and pursue the fair resolution that you deserve.
Source: NBC New York, "Judge: Lawsuit for Slain Hofstra Student Can Proceed," June 24, 2015