NYPD Wrongful Death Shooting Lawyer
When the New York Police Department wrongfully uses deadly force, families are left grappling with unanswered questions, emotional trauma, and the financial burden that comes with a sudden death.
If you have lost a loved one because of an unjustified use of force, an experienced civil rights lawyer can pursue an NYPD shooting wrongful death lawsuit for your family and pursue the justice and compensation you deserve.
Police Brutality Center connects families with attorneys experienced with wrongful police shooting cases. These cases require a thorough understanding of civil rights law, wrongful death statutes, and the NYPD’s internal procedures. Contact us today for a free and confidential case review.
Attorneys that work with Police Brutality Center may be able to assist you.
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Content Last Updated: February 26, 2026
- Families of New York police shooting victims can pursue civil lawsuits against police officers or the police department to seek financial compensation for their loss.
- Police misconduct cases are complex and require an understanding of civil rights laws, making it essential for families to consult experienced wrongful death lawyers.
- If your loved one died at the hands of the police, Police Brutality Center can connect you with an experienced lawyer to explain your legal options and pursue compensation and accountability through a wrongful death lawsuit.
Understanding NYPD Wrongful Death Shootings
A wrongful death shooting by the New York Police Department occurs when lethal force is utilized without legal justification. To justifiably use deadly force under the law, an officer must have an objectively “reasonable belief” that there is an immediate threat of death or serious bodily injury to the officer or others. In many cases, officers could have used non-lethal alternatives instead.
The following are some scenarios common in wrongful death shooting cases:
- Use of deadly force during an arrest when no immediate threat existed
- Shooting an unarmed individual
- Shooting a fleeing individual who is neither dangerous nor violent
- Misidentification of the suspect
- Failure to de-escalate a situation before using lethal force
New York City Police Shooting Statistics
The New York Police Department is the largest and among the oldest municipal police forces in the country. In 2023, 44 NYPD officers intentionally fired their weapons, resulting in 16 individuals injured and seven killed. According to the NYPD’s annual Use of Force Report, those numbers reflect a 46.2% decrease from 2022.
According to a September 2025 report from the NYC Comptroller’s office, allegations of the NYPD using excessive force increased significantly during the Adams Administration, with complaints submitted to the City’s Civilian Complaint Review Board (CCRB) jumping 50% from 3,700 in 2022 to over 5,500 in 2023, then to more than 5,600 in 2024.
In recent years, police shootings throughout the United States have received significant national attention and raised questions about police department policies and police misconduct. Families impacted by these incidents often face substantial challenges in their quest for justice, including police union protections, qualified immunity defenses, and delayed investigations.
The Law Enforcement Epidemiology Project at the University of Illinois Chicago estimates that 250,000 civilians are injured and more than 600 are killed each year by law enforcement officers across the United States.
Some high-profile police shooting cases in New York City include the following:
- Brian Astarita was fatally shot in November 2021 following a traffic stop that escalated into a vehicle pursuit and confrontation with New York police officers. According to investigation reports, Astarita pointed a BB gun at two officers and refused to drop it before police fired.
- New York City police officer Richard Delahanty was suspended and faced a misdemeanor charge after firing his gun six times at a vehicle that fled from a traffic stop in February 2022. According to investigation reports, the shooting occurred on a crowded street during rush hour, causing bystanders to run for cover and duck for safety. The driver of the fleeing vehicle pleaded guilty to a misdemeanor and paid a $200 fine.
- Derell Mickells and two bystanders were injured in a 2024 NYPD shooting in the subway. According to news reports, Derell jumped the fare in the subway and ignored the officer’s commands to stop. The police reportedly opened fire after he brandished a knife and advanced toward one of the officers.
- Akai Gurley, an unarmed Black man, was walking down the stairwell of a public housing development in 2014 when he was struck by a bullet fired by NYPD officer Peter Liang. NPR reported that the bullet ricocheted off a wall and hit Akai in the heart. On the fifth-floor landing, a friend attempted to revive Akai, while Liang passed by without offering any help. A jury found Liang guilty of manslaughter, but the conviction was later reduced to criminally negligent homicide.
Your Rights After a Wrongful Death Police Shooting in New York
Under New York and federal law, families have the right to file a wrongful death lawsuit against an individual officer or police department if their loved one dies from excessive or unjustified police force. Responsible parties do not need to face criminal charges or be convicted for the family to pursue legal claims.
Under 42 U.S.C. § 1983, the surviving family members have the right to sue government officials, including law enforcement, for constitutional rights violations that caused their loved one’s death.
Civil lawsuits allow families to seek compensation for various damages they have sustained because of their loved one’s death. Common damages that can be recovered in a wrongful death lawsuit include the following:
- Medical expenses
- Funeral and burial costs
- Loss of financial support
- Conscious pain and suffering of the deceased
- Lost benefits
- Loss of consortium
Police shooting settlements can vary depending on the circumstances of the case, such as the strength of your witness testimony and evidence, the history of the involved officers, and more.
Connect With an Experienced Police Brutality Lawyer
Police Brutality Center partners with nationally recognized trial attorney Solomon Radner of Radner Law Group, PLLC, to help victims of police misconduct across the United States. Attorney Radner has been honored as a Super Lawyer since 2014 and named among the Top 40 Under 40 trial attorneys by the National Trial Lawyers Association.
Why You Need a Wrongful Death Lawyer
Police misconduct cases are complex. Police departments often have their own legal team, and significant legal hurdles exist, such as qualified immunity. This doctrine shields police officers from personal liability unless they violate a “clearly established” constitutional right. They will also likely argue that their actions were objectively reasonable under the circumstances.
A civil rights lawyer experienced in police brutality cases can guide you through the legal maze, ensuring your rights are protected while following the necessary procedures. Ways a wrongful death lawyer can help include:
- Requesting police department records such as past complaints, autopsy reports, body camera footage, and other critical evidence
- Reviewing applicable laws to determine whether to file in state court, federal court, or both
- Determining if the department is also liable
- Interviewing witnesses to the circumstances leading to death
- Consulting with medical and law enforcement professionals to testify as expert witnesses in your case
- Preparing you for depositions or in-court testimony
- Filing your case on time to meet state and federal deadlines
- Negotiating with other attorneys or insurance companies to get you a fair settlement
- Fighting for you in court, if necessary
What Is the Time Limit To File a Wrongful Death Claim After an NYPD Police Shooting?
In New York City, the victim’s family has two years from the date of their loved one’s death to file a wrongful death claim. However, additional steps are involved if you are filing a wrongful death claim against a New York government agency like the NYPD. Before filing the actual lawsuit, you must submit a notice of claim within 90 days of the incident.
Failure to file the notice or your lawsuit on time may result in dismissal of your case, costing you the opportunity to seek compensation for your loved one’s death.
Contact an NYPD Wrongful Death Shooting Lawyer Today
If you’ve lost a loved one because of an unjustified NYPD shooting, you deserve answers and justice. Don’t face this battle alone. Our network of experienced wrongful death shooting lawyers will stand by your side, investigate the truth, and fight to hold the NYPD accountable.
Contact Police Brutality Center today for a free, confidential case review and take the first step toward protecting your family’s rights.