Being in drug rehab in California is hard enough just day-to-day. But when the facility doesn’t stop fentanyl from being brought in—either legally or illegally—it puts you and everyone at-risk. And in the worst cases, your loved one could suffer a fatal overdose. The questions then turn to the legal process, and our team at Maison Law can guide you through it. Set up a free consultation today.
What Are the Damages in a Wrongful Death Claim From a Fentanyl Overdose in a Rehab Facility?
If your loved one dies because the rehab facility they were in allowed fentanyl inside the facility, there is a way you can hold the facility legally accountable. It’s called a “wrongful death” claim. It’s like a standard injury claim with a couple key differences—mainly built around the available “damages.”
Unlike a regular injury claim, damages in a wrongful death claim are related to the financial and emotional side of things. Typically, you and your family can get:
- Funeral or burial expenses. This includes the cost of a funeral, services, cremation or burial costs, and anything else related to the actual memorialization of your loved one.
- Medical bills before death. There’s also medical expenses that came before your loved one’s passing. If they were taken to the hospital, treated in the ER, or placed in intensive care before passing, that factors into the claim. Don’t forget costs for ambulance rides, emergency treatment, and life-saving efforts made by paramedics.
- Lost income. If your loved one was working—or planning to return to work after treatment—that lost income can be recovered in a wrongful death claim.
- Future earning potential. This goes beyond current income. It looks at what they reasonably would have earned over time based on their age, job history, and skills. Being in rehab doesn’t erase their future.
- Lost benefits. There’s also the loss of benefits to think about. This can include things like 401ks, bonuses, pensions, or health insurance coverage.
Every situation is different, but generally speaking, these are the damages that are going to be available in a wrongful death claim that comes about because of a fentanyl overdose. But before you can get these damages, you have to actually file the claim.
How Do I File a Wrongful Death Claim in California?
Damages aren’t the only thing that’s different about filing a wrongful death claim in California. A major difference is in who can actually file one. Under California law, the right to file usually falls to surviving:
- Spouses or domestic partners
- Children
If there’s no spouse or child, the right to file could fall to other family members like:
- Parents
- Siblings
- The personal representative of the estate named in a will
It’s not always straightforward. If there’s no will, no immediate family, or disagreements about who should file, things can get complicated quickly—especially in situations where the person was in rehab at the time.
Once that’s all sorted out, though, things start to look more familiar. This typically means that the wrongful death claim is filed through:
- An insurance claim with the rehab facility’s liability insurance policy.
- A lawsuit.
Again, this all sounds pretty linear. But the reality is that a wrongful death claim comes at an extremely challenging time, when your family is still dealing with the loss of your loved one. Filing a claim and getting damages all sound simple, but it’s going to come down to the specific situation and what evidence there is. Also, there’s a deadline in place. You only have two years from the date of your loved one’s death to file it.
Maison Law Can Help Your Family After a Fentanyl Death in a California Rehab Facility
When a loved one dies because of a fentanyl overdose in a California rehab facility, things start moving quickly. Everybody inside the facility starts scrambling to protect themselves, which makes things harder. That’s when our team at Maison Law can step in and slow things down. We’ll help your family through the process by:
- Getting the facility’s internal incident report and staffing logs
- Getting EMS, hospital, and toxicology records
- Reviewing the center’s overdose response policies
- Looking at whether intake searches and monitoring protocols were actually followed
- Figuring out who is legally responsible for what happened—the facility, a corporate owner, or an individual staff member
- Dealing directly with the insurance company so your family isn’t pressured into a quick payout
- Filing a lawsuit if that’s what it takes to get answers
Our California drug rehab facility negligence lawyers at Maison Law understand how difficult this time is for your family and we can make things easier. Set up a free consultation today to get the process started.
