Maison Law and our California rehab facility negligence lawyers can answer any question you have about the claims process when a loved one dies of a fentanyl overdose. It’s almost unthinkable, but when something like this happens, there’s only a limited amount of time to actually file a wrongful death claim. Our team can help you through it all. Set up a free consultation today.
Is There a Time Limit on a Wrongful Death Claim?
There’s nothing more tragic than a fentanyl overdose—particularly when it happens during treatment at a drug rehab facility. Unfortunately, though, your family’s legal options in this situation won’t be around forever.
In California, wrongful death claims have a strict deadline of:
- Two years from the date of death.
This is a hard and fast rule. It doesn’t matter what the circumstances are that surround the overdose. And if it isn’t filed within the two years, your family won’t be able to recover much-needed damages.
What Damages Can I Get in a Wrongful Death Claim?
Filing a wrongful death claim after your loved one dies from a fentanyl overdose in a California drug rehab facility is challenging. Not only do you have to deal with the pain of losing someone you love, there’s also practical losses that your family is going to need to move forward. This is what makes up the bulk of the actual damages in one of these claims, and they typically include:
- Funeral and burial expenses
- Lost income or loss of future earnings
- Lost benefits
- Loss of companionship or parental guidance
Even with wrongful death claims, every claim comes down to the specifics. These damages are available, but the actual amount is going to depend on the circumstances—and whether you file your claim on time. And unfortunately, that can be challenging in this situation.
Why is it Important to Move Quickly After My Loved One Dies of a Fentanyl Overdose in Rehab?
It’s incredibly hard to face a situation where you lose a loved one—even in one as fragile as a drug rehab facility. But the reality is that fentanyl overdoses in that environment are fairly common. Again, though, it doesn’t make the aftermath any easier to deal with, especially when the facility starts scrambling to protect themselves. The two-year deadline to file a wrongful death claim sounds like plenty of time, but it’s actually important to act quickly in this situation because:
- Evidence doesn’t stick around forever. All the things you’re going to need to prove your losses—security footage, statements from witnesses, internal documentation—have a tendency to disappear quickly in this situation. Security footage can get recorded over, staff members’ memories get fuzzy, and shift logs and internal emails don’t always stay easy to access. The sooner records are requested, the harder they are to lose or “misplace.”
- Internal reports are written right away. Most rehab facilities create an incident report within hours of an overdose. Getting involved early allows those reports to be compared against EMS timelines, hospital records, and witness accounts before stories start lining up a little too neatly.
- State agencies may already be involved. In California, licensed rehab centers usually have to report overdose deaths to the Department of Healthcare Services (DHCS). Acting quickly can help you get things that show a pattern of similar incidents, like inspection results, prior complaints, or past violations.
- The financial pressure starts almost immediately. Funeral expenses, medical bills, and the loss of income don’t pause while you grieve. Beginning the process sooner can help bring some stability while your family focuses on getting through the loss.
Losing someone you love to a fentanyl overdose is devastating. When it happens inside a rehab facility—a place that was supposed to provide structure and safety—the shock can feel even heavier. Along with the grief come questions, paperwork, and decisions most families never expected to face. You don’t have to sort through all of that by yourself. Our team at Maison Law can step in and help from the start. Set up a free consultation today.
