The family of a Brooklyn man who was shot and killed by a police officer in Baltimore earlier this month say that they plan to file a wrongful death suit.
Ernest Oliver, 39, was shot in the 600 block of Roundview Road in Cherry Hill on August 5 after he allegedly fled the scene of a suspected drug deal. Oliver was shot multiple times by Police Officer David Diener. Police say that Diener saw Oliver reach for his pockets and thought that his life was in danger. Oliver was pronounced dead after he was taken to the Maryland Shock Trauma Center. Drugs, but no weapon, were found on him. Police are continuing to search for a weapon in the area where he was apprehended.
Oliver’s relatives say that police used excessive force to apprehend him. He leaves behind four children and a fiancé. Oliver had been arrested previously on drug charges, robbery charges, possession of a deadly weapon, and battery.
A wrongful death is a claim against a person who can be held liable for someone’s death.
Conditions for Filing a Wrongful Death Claim:
– The death must have been (at least) partially caused by the defendant’s conduct even if the death was accidental.
– The defendant can be found negligent or liable for the person’s death.
– The surviving family members of the deceased have been affected emotionally or financially because of the victim’s death.
A wrongful death claim allows family members to seek compensation for the loss of the love, comfort, companionship, and financial support of the individual who died.
Damages in a wrongful death claim include the survivor’s loss of love and affection because of the unexpected death, loss of financial support that the deceased family member would have provided through future earnings and benefits, and any funeral and burial expenses caused by the family member’s death. A personal injury attorney can help you file a wrongful death claim. For a free consultation, call the personal injury lawfirm of Lebowitz and Mzhen.
Family Protests Police Shooting, Baltimoresun.com, August 6, 2006
Wrongful Death Claim, Wikipedia.com
Related Web Resources:
Summary of State Wrongful Death and Intestacy Statutes for Maryland (pdf)