When you’ve tried everything to kick drug use, a trip to rehab is usually one of the last-ditch efforts to get help. And while a lot of rehab facilities are the same, some have better resources than others—particularly in California. You can go to California to get help, but what happens if there’s negligence? Our team of California rehabilitation facility negligence lawyers at Maison Law can answer your questions. Set up a free consultation today.
What Can I Do If I’m Injured in a California Rehab Facility and I’m From Out-of-State?
For a lot of people struggling with drug treatment, the decision to enter rehab is usually up to them. Other times, it’s the decision of your family and friends that are trying to help. And sometimes, it’s court-ordered. But one way or the other, you’re being sent to a place that is supposed to help you get better. And that can sometimes land you in a facility in California.
Even if you’re not from California, the moment you step into the care of a rehab facility in California, you’re protected under California’s negligence laws. That means that when you’re injured because somebody was careless or didn’t take the necessary steps to keep you safe, you have the same right to file an injury claim as anyone else.
The way you do that is up to you, but generally, you can either file:
- An insurance claim outside of court.
- A personal injury lawsuit in civil court.
If you live out-of-state, insurance is a good starting point. You can file that from anywhere, and it’s usually just a matter of putting all your documentation together and waiting on that process to play out. But when there’s a rehab facility involved, it’s going to be difficult to get a fair offer. That’s when you can take the next step of filing a lawsuit.
The drawback with a lawsuit is that it takes much more time and effort. This is especially true if you’re out-of-state. While you don’t have to be present for every court hearing and development, you are going to have to come to California if your case goes to trial, mediation or for a big hearing.
What Can Help My Claim If I’m Hurt at a California Rehab Facility?
It’s not so much a question of what you can do when you live out of state but are hurt in a California rehab facility, but rather, what can help you the most? The answer is just like any other claim: solid evidence and information. That sounds simple, but in a rehab setting, things can disappear quickly or can be cloudy at best. One way or the other, though, here’s what can help your claim:
- Pictures and videos. Try to get clear pictures of any injuries as soon as you can. The physical signs—bruising, swelling, etc.—can change quickly. Also make sure to track injuries over time, as well as anything that might’ve caused the accident to begin with.
- Medical records. This seems obvious, but it’s the backbone of any injury claim. You’ll need medical records that connect your injuries to what happened. They’ll also show the range of your injuries and what exactly you’re dealing with in terms of pain and a prognosis.
- Messages and paperwork from staff. You’ll want any form of communication you have with the rehab facility or staff. This can involve emails, letters, written notices, text messages, or internal messages. This is vital for showing what the facility knew about (or was ignoring.)
- Statements about what happened. If another patient or visitor was aware of problems or issues, get their contact information so we can talk to them later. You’ll also want to write down what you know and your side of the story while it’s fresh.
Again, the idea is to show a link between what happened and what led up to it to how it left you injured. It’s a roadmap, but every situation is different. Certain scenarios are easier to show than others, but the main takeaway is that your options don’t change—no matter where you live.
Get Help With a Rehab Facility Injury in California
When you live outside of California, but were injured during a stay in rehab here, you’re already facing a lot of challenges. Physical distance, time, and simply trying to recover from your injuries while also dealing with drug addiction can quickly become overwhelming.
But at Maison Law, our California drug rehab facility negligence lawyers can help explain your options, gather evidence, handle talks with the facility and its insurance companies, and make things easier for you. Reach out today for a free consultation and let us help you through the process.
