Legal Question in Discrimination Law in California
my brother and i got in a confrontation with 2 younger guys while scrapping a truck in the river bottom.me and one of the guys started fighting. my brother was over 30 feet away from us +30 feet from other guy.my brother grabbed a shovel out of the back of our truck and went to hit the side of it hoping to cause noise to brake up fight. as he attemped to do that the other guy shot my brother in the back with a deer hunting rifle. not once but twice.my brother died.the guys claimed seklf defence or defence of others.they never even called for help. they called thier dad then he called cops..please help me get justice for my brother.
2 Answers from Attorneys
In terms of a criminal prosecution, you need to follow up with the authorities in your county to see if they will prosecute the shooter.
In terms of civil liability, the remedy is a type of lawsuit called "wrongful death." Lawyers who handle personal injury claims often handle wrongful death claims as well. You need to find a personal injury/wrongful death lawyer in your area who can prosecute the case for you.
Justice?
If you mean get the police and DA to file criminal charges against those people, that is something it is up to you to convince them to do. If they won't, there is no way to force that.
If you mean file a lawsuit against those people, you will have to show that you have a case with MERIT [provable case with a likelihood of winning], VALUE [substantial provable damages] and COLLECTABILITY [defendant with substantial assets or insurance to collect against].
If you think you have all that, feel free to contact me. You have not yet provided any details to answer those issues.
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