On behalf of Weisman, Kennedy & Berris Co., L.P.A. posted in wrongful death on Friday, November 2, 2012.

Law enforcement officials are trained to handle chaotic situations professionally, but some cases may still result in tragic consequences. And sometimes, police fail to follow protocol

The family of a 26-year-old woman has filed a wrongful death suit in federal court after she was shot and killed by a member of the Cincinnati Police Department on Oct. 13, according to the family’s attorney. The suit claims that the 43-year-old police officer involved used excessive force and deprived the woman of her right to due process.

A wrongful death suit typically demands compensation for the loss of companionship and recompense for legal fees and other expenses. This can result in as high as a $3M judgment though this depends on the case circumstances and how much the family relied on the victim for support and income.

The shooting occurred after the officer arrived at the woman’s apartment in response to a call she made at 1:15 p.m. According to police officials, the woman was standing on her balcony, and her sister was loading items into a car when the police officer arrived.

The woman then exited the apartment while holding a butcher’s knife and ran to the driver’s side of her sister’s car. The police report states that the officer at the scene ordered her to drop the knife several times. The woman reportedly raised the knife and approached the officer, who shot twice and killed her.

The family members of the victim in this case will need to explore all of their legal options when they consider the terms of any settlement offer.

Source: Cincinnati.com, “Family of woman shot, killed by police files wrongful death suit,” Jennifer Edwards Baker, Oct. 19, 2012