The families of overdose victims can seek assistance from the California Victims Compensation Board (CalVCB) in some instances.
The victim’s death would have to involve a criminal act. The actions of a drug dealer or drug rehab employee may allow the family to qualify for benefits.
The CalVCB is a state agency that supports the victims of violent crimes and their families.
When Families Can Receive Help from CalVCB
CalVCB is a government department that comes to the aid of the victims of violent crimes. In the case of a deadly crime, support can go to certain members of the victims families. The victim must have been a California resident.
The agency isn’t specifically intended to assist overdose victims or their families, but in certain cases, they could be eligible for help.
Families might qualify for financial compensation if these factors were involved in a loved one’s death:
- Someone supplied the drug that caused the death (e.g., a drug dealer)
- Someone supplied a deadly substance that was presented as a less harmful drug
- Someone forced the victim to take the drug or coerced them
- A drug treatment center employee took part in a criminal act leading to an overdose
Cases involving one of these factors could earn families help at such a difficult time. The support is sometimes available even if it’s just criminal charges involved, and no one has been convicted yet.
Can I Receive CalVCB Support If My Loved One Was Involved in the Crime?
Families could be denied coverage if the victim had been involved in a crime leading up to a fatal overdose. If the victim committed a felony at the time, it could be used to deny coverage.
However, CalVCB decides eligibility on a case-by-case basis. Just because a loved one consumed drugs doesn’t mean they’ll be disqualified.
Deadline for Filing for CalVCB Support
Families can file for support with CalVCB up to 7 years after a tragic death. In some cases, that countdown could begin when the crime is discovered.
What Is Covered by a CalVCB Award?
In a deadly overdose, eligible family members could ask for support from CalVCB for these and other hardships:
- Funeral costs
- Professional counseling costs for family members
- Remaining medical bills
- The income that victims may have supported the family with
- Crime-scene cleanup
Families wouldn’t usually be able to secure support for the mental grief and trauma. Families could file a wrongful death claim in some cases, especially if a negligent California drug rehab contributed to a fatal incident, like a fentanyl overdose. Talk to a California Rehab Facility Wrongful Death Lawyer to learn more about your options.
Who Can File for Death Benefits After a Fatal Overdose?
CalVCB benefits are usually meant for victims, but in the case of fatality, some family members can seek support.
Only those family members who have qualifying expenses or need services because of the death can file a related claim.
These close relatives may be able to earn compensation :
- Victim’s spouse or domestic partner
- Children of the victim
- The parents of a victim (especially an adolescent overdose victim)
- Brothers and sisters
- Grandparents and grandchildren
- Roommates and caretakers
How to File With CalVCB
First, establish a login for CalVCB Online. They’ll ask you for your First and Last Name, Email Address, and Mailing Address.
Then, you’ll apply for compensation.
CalVCB will ask for this information and more:
- Basic Personal Information about the victim
- Crime Information (this can include a police report and death certificate)
- A list of the expenses your family has had to pay (e.g., funeral bills, medical bills)
- Insurance Information
- Employer Contact Information (the victim’s employer if you are claiming lost income)
- Alert CalVCB if you’ve filed a lawsuit over the death of a loved one or are planning to file.
Contact a California Drug Rehab Negligence Lawyer
If your loved one died in a negligent drug treatment center, families have another option. They can file a wrongful death claim and seek justice and support from the drug rehab’s owner or corporate owner.
To find out what’s possible, contact Martin Gasparian for a free case consultation with a real attorney. There’s no obligation for this meeting, and it’s completely confidential.
If you do need our help, there are no upfront charges to hire a lawyer. We don’t get paid unless we win your case for your family. Then our fee comes out of the settlement a rehab center is forced to pay.