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Bronx Personal Injury & Real Estate Blog

Thursday, November 30, 2017

Death After Police Taser Incident Stuns Bronx Victim’s Family

Q: Is a stun gun death a wrongful death?

Third time's a harm.

That's apparently the thinking behind a Bronx wrongful death lawsuit that a grieving sister says the family is bringing against the NYPD and the police officer who allegedly used a stun gun to subdue her brother, who then died from cardiac arrest.

It's common for personal injury or wrongful death cases stemming from altercations between civilians and police officers to result in allegations of police brutality or police misconduct. Police are only permitted to control a situation using the minimal amount of force required, so when someone dies during or after being in police custody an investigation into whether excessive force was used or proper protocols were not followed must be made.

Even if an investigation does not result in criminal charges or departmental disciplinary action against the officer—as happened in the case at hand-- the victim or their closest surviving family members may still pursue a civil action for money damages.

Reportedly, the police officer zapped the man with a taser "three times in less than a minute" allegedly sending him into cardiac arrest and causing his death, according to the family. The 49-year old victim has reportedly been described as being “mentally-ill” and/or “suffering from a learning disability”.

Allegedly, police were responding to a neighbor’s call that the man was holding a knife and “acting erratically", but the object supposedly turned out to be a bottle of hot sauce-- which reportedly was dropped after the first taser shock. At that time, the man was then allegedly "handcuffed and struck two more times" with the officer’s stun gun and went into cardiac arrest.

In a personal injury lawsuit, a victim has suffered injuries as a result of the negligent, reckless, or intentional actions of another person or entity (like a police department). Upon proving liability, the victim may be awarded compensatory damages for their medical expenses, anticipated future medical costs, current and future lost income, property damage, pain and suffering, and more.

In a wrongful death action, the victim will have died from their injuries, but their closest surviving relatives may be entitled to compensatory damages. Recoverable damages generally include the final medical and funeral expenses of the victim’s death, plus loss of financial support, companionship, and other damages, depending upon the victim’s relationship to the surviving family member.

If you or a loved one has been injured or a loved one has been killed as a result of any accident, or from an incident of police brutality or misconduct, the Goldstein Law Firm can help you obtain the financial compensation to which you are entitled. While we cannot undo your suffering, we can help relieve the financial burden caused by your loss. Contact us today for a free consultation.

From our offices in the Bronx, we represent victims and their families throughout New York City, New York State, as well as those injured while visiting New York.

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