In California, wrongful death laws give a spouse, domestic partner, or children of the victim the first right to file a wrongful death claim. This claim is usually filed on behalf of the entire family.
If a fentanyl overdose victim had no spouse or children, the parents or siblings of the victim could be allowed to seek support through a lawsuit. Basically, anyone who can show they were financially dependent on a victim could be part of a wrongful death claim.
Families who lose a loved one to an overdose in a drug rehab facility can file a claim against negligent facility owners and operators. But these clinics are often owned by larger companies or corporations and can be counted on to turn to a team of lawyers for help avoiding blame.
A skilled Bakersfield rehab facility overdose lawyer can help families hold a rehab clinic accountable, and often help the family earn more. To find out how, families can schedule a free consultation with a real Bakersfield attorney. It’s a confidential, no-obligation way for families to determine their best path for securing justice and support.
Family Members Who Can File an Overdose Wrongful Death Claim
When a drug rehab facility can be proven to have contributed to a loved one’s death, a family has the right to file a wrongful death claim. This claim can seek support for the family, including money to pay leftover medical bills and funeral expenses, and to help those left behind avoid financial difficulties in the future.
California’s Code of Civil Procedure identifies several parties in a grieving family that could file a claim and hold facility owners liable.
“(a) The decedent’s surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession. If the parents of the decedent would be entitled to bring an action under this subdivision, and the parents are deceased, then the legal guardians of the decedent, if any, may bring an action under this subdivision as if they were the decedent’s parents.”
When a drug rehab treatment center is found negligent in the death of a loved one, family members can seek compensation for both their economic hardships and their emotional trauma.
These parties would usually have the first right to seek this support on behalf of the entire family:
- A spouse
- A registered domestic partner
- Children (both biological and legally adopted children)
- Parents of a minor who died after an overdose at a facility
When the deceased didn’t have a spouse or children, or they had passed away previously, these other parties may have a legal right to file:
- Parents or siblings of the victim
- Grandchildren of the victim
- Anyone who was financially dependent on the victim
- An executor or personal representative named in the victim’s will may be ordered to handle a claim if family members can’t agree on how to proceed
An Overdose Wrongful Death Lawyer Can Represent Your Claim
A Bakersfield Wrongful death attorney can also represent the victimized family and file their claim for them.
This can be a wise move for families seeking justice, because large care providers can afford corporate lawyers. These lawyers get paid to find ways to blame the victim and allow their employers to dodge accepting responsibility.
They can also make it hard for families to gain access to the evidence they need to prove how a tragic overdose could have been prevented.
An experienced lawyer can secure all evidence and build a strong case for families that can’t be brushed aside and ignored.
This evidence can include important internal documents and emails. It should include surveillance footage and phone records.
These details and others would be used to prove that a facility failed in its duty of care to a patient.
Evidence should help demonstrate these acts of negligence and others:
- The facility’s failure to prevent a loved one from gaining access to fentanyl.
- Staff members who didn’t identify and react quickly enough to an overdose.
- Doctors, nurses, and staff members who didn’t administer Naloxone quickly enough or correctly.
- A failure to contact 911 immediately to get an ambulance on the way.
- A failure to protect the patient from harm while in withdrawal.
These and other factors can all leave a facility 100% liable for a tragedy and 100% responsible for the care of the family that has lost a loved one forever. A lawyer can collect the necessary proof and file a wrongful death claim on behalf of a grieving family. This helpful action can allow devastated families additional time to mourn the loss of a loved one in peace.
Contact a Bakersfield Drug Rehab Overdose Attorney
Maison Law Accident & Injury Lawyers of Bakersfield offer a free case review to all families after any fatal overdose. This meeting comes with no obligation and is always confidential. All family members should find out what their case is worth before lawyers for a rehab clinic try to tell them they don’t owe them any support, or even an explanation.
If we can help your family seek justice and earn more, your family doesn’t have to stress about how to pay a lawyer. You don’t pay us anything if we don’t win your case. If we do win for you, our attorney’s fee comes from the settlement check the drug rehab facility’s insurer must write for your family.