Wrongful Death of Minors | Police Brutality Center

Content Last Updated: February 18, 2026

Key Takeaways

A wrongful death of a minor too frequently results from the actions or inaction of law enforcement.
Families may file wrongful death lawsuits in state or federal court to seek compensation for medical expenses, funeral costs, and emotional trauma.
A knowledgeable wrongful death attorney is crucial for navigating complex cases, gathering evidence, meeting deadlines, and advocating for justice on behalf of families.

What Is Considered a Wrongful Death of a Minor?

A wrongful death occurs when someone dies due to another person’s negligence or misconduct. Too often, minors die in preventable or unjustifiable incidents involving law enforcement. Such incidents may include a police shooting or the failure of staff at a juvenile detention center to attend to a detainee’s medical needs. Liability depends on the circumstances of the case. Potentially responsible parties include the following:

Law enforcement and correctional officers: Officers and detention staff may be liable if the child’s death resulted from the use of excessive force, abuse, neglect, or the failure to provide medical care.
Police and sheriff departments: These agencies may be vicariously liable for the misconduct of their officers. They may also be liable if systemic issues, such as improper training or inadequate supervision, contributed to the tragedy.
Detention facility: A facility can be held responsible for unsafe conditions or systemic failures, such as inadequate staffing or training.
Local and state government entities: Municipal entities and state agencies may be held liable if they are responsible for overseeing policies and training but fail to enforce those standards or address ongoing problems.

An experienced wrongful death lawyer can review the details of your case and identify all potentially liable parties.

What Are the Common Causes of Wrongful Death of Minors?

Wrongful deaths may result from several types of incidents, including the following:

Excessive force: Unjustified shootings, chokeholds, or other dangerous techniques often result in the deaths of minors.
Failure to provide medical care: Officers or detention staff might ignore clear signs of illness, injury, or medical distress, resulting in preventable deaths.
Accidents: Deaths can occur during police pursuits or while transporting detainees between facilities

Wrongful Death Cases Involving Minors

Here are several recent cases in which minors died due to alleged police brutality or misconduct:

Adam Toledo, a 13-year-old Latino boy, was fatally shot by a Chicago police officer in March 2021. Officers were responding to reports of shots fired when they saw Adam walking with a 21-year-old man. After a brief foot pursuit, Adam was reportedly shot as he raised his hands, having just tossed a firearm behind a fence. No criminal charges were filed. The boy’s family has filed a lawsuit, which is still pending.
Jordan Edwards, an unarmed 15-year-old Black boy, was shot and killed in 2017 while leaving a party with his brother and friends. The fatal shot was fired by Texas police officer Roy Oliver, who was later convicted of murder and sentenced to 15 years in prison.
Kameron Prescott, a 6-year-old boy, was killed in 2017 when deputies fired at least 18 rounds into the mobile home where he lived. The deputies were pursuing a woman wanted for fraud, who they believed to be armed at the time. It was later determined she did not have a gun, only a dark tube. Kameron’s family received a $4.5 million settlement from the county.

Legal Rights of Families After the Wrongful Death of a Minor

Families of minors who have died from the actions or inactions of law enforcement may be eligible to file a wrongful death lawsuit. These suits often involve claims under state laws. However, if the victim’s civil rights were violated, families can also pursue claims under 42 U.S.C. § 1983, commonly referred to as Section 1983 claims. You may pursue a claim against the officer or officers involved, or, in some cases, the police department. Suing a police department can be more complex because you must show negligence in hiring, training, or policies.

Compensation Available for Families

Family members, such as parents or legal guardians, are often eligible to file a lawsuit for wrongful death of a minor. They can seek damages, including:

The victim’s medical expenses
Funeral and burial costs
The victim’s pain and suffering
Grief and emotional trauma

Settlements for police conduct cases vary depending on the specific circumstances of the case and the jurisdiction where it is filed. Key factors include the severity of the misconduct, the strength of witness testimony and evidence, the officer’s prior misconduct, and previous outcomes in similar cases.

How Do I File a Lawsuit for the Wrongful Death of a Minor?

Filing a wrongful death lawsuit for the loss of a minor requires careful preparation and attention to detail, particularly when law enforcement officers, police departments, or detention facilities are involved. To prepare for a wrongful death claim, take the following steps:

Gather evidence: Obtain police reports, investigative documents, and relevant news coverage of the incident. Calculating the damages typically relies on medical records and proof of monetary losses. Collect documentation of your loved one’s medical history. For example, if the police ignored a preexisting condition like a heart problem, it may be relevant to establishing liability in a death case.
Get witness information: Get contact information from witnesses to the incident and those who can describe your loved one’s character or actions that day. For example, if police claimed your loved one fought with them, witnesses may be able to confirm there was no confrontation before an officer used lethal force.
File your claim within the statute of limitations: Each state sets a deadline for filing a wrongful death lawsuit. The state’s statute of limitations governs federal claims under Section 1983. Filing on time is crucial to preserving your rights. Consult with a wrongful death attorney in your state to understand the deadline for filing your claim.
Get legal help: Wrongful death claims involving law enforcement are challenging. A skilled lawyer can investigate, gather evidence, build a strong case, file legal paperwork on time, negotiate for a fair settlement, litigate your case, and advocate for you in court proceedings.

Why You Need an Experienced Wrongful Death Attorney

When pursuing compensation from a police officer or department, it is vital to work with a police brutality lawyer who understands the complexities of these cases. Law enforcement officers are shielded by qualified immunity and other legal defenses that set a high bar to overcome. Therefore, you need a wrongful death lawyer who is experienced in both state and federal law to seek justice on your behalf. Some of the ways your lawyer can support your case include the following:

Conduct an independent investigation of the incident.
Obtain key evidence, such as police records, autopsy reports, previous complaints against the officer or department, and body camera video.
Analyze the laws and facts to determine the best legal strategy.
Identify all the responsible parties.
Consult legal and medical professionals to testify in your case.
Prepare you for depositions and trial proceedings.
Interview witnesses connected to the incident.
File your claim within the required deadlines.
Negotiate with the opposition or their insurance company for a fair settlement.
Represent you in court if a trial becomes necessary.

Law enforcement agencies may not always cooperate when asked to release officer disciplinary files, body camera recordings, or dashcam footage. Similarly, the city or nearby businesses might refuse to share other video evidence. If that occurs, your attorney can request a court order to obtain the records. In addition, some witnesses who were unwilling to speak with the police may be more open to talking with your attorney.

Contact Police Brutality Center for Legal Support

If you have questions about a loved one’s death involving law enforcement or are ready to file a wrongful death lawsuit, we can help. Police Brutality Center connects families across the country with wrongful death and civil rights attorneys who can guide them through the legal process. Get legal help today.