Victims of California drug rehab facility “standard negligence” would have two years to file a personal injury claim. Families would have the same statute of limitations in a wrongful death claim.
In cases involving medical malpractice, victims would usually have three years from the date of the accident to file.
The one exception is when victims are hurt in a state or county-operated facility. In cases involving a government entity, the statute of limitations can arrive in just a few months.
The Deadline to File Against a Negligent Drug Rehab Facility
A case involving standard negligence (not medical malpractice) will usually have a two-year deadline for filing claims. Families who lose a loved one to a drug clinic’s negligence would also be subject to this two-year statute of limitations.
Ordinary negligence in a drug overdose case can involve something like Negligent Security. Security personnel may fail to screen visitors and keep contraband out of a facility.
A claim could also involve facility owners engaging in negligent hiring or understaffing that contributes to a patient’s accident.
The Deadline to File a Medical Malpractice Injury Claim
Medical Malpractice claims must follow a different set of guidelines from injury claims involving standard negligence. Medical malpractice would usually involve a healthcare professional not taking the proper action to protect and help a patient suffering from something like drug withdrawal or an overdose.
Patients may have one of two deadlines to file, depending on which arrives first:
- Three years from the date of the accident
- One year from the date an injury is later discovered
Patients and their families must also beware when filing a claim. Medical malpractice in California comes with a cap on how much injured drug rehab center victims can earn.
It means that a case misclassified as medical malpractice instead of as a case of negligence (having no limits on settlements) can cost victims and their families thousands of dollars in support.
See: MICRA vs. ordinary negligence: how framing changes the damages cap
The Deadline to File Against a California Run Drug Treatment Center
If you are hurt in a government-operated treatment center in California, your deadline to file may only be six months. State-run or county facilities enjoy certain protections against litigation, including a shorter statute of limitations. If you fail to make the 6-month deadline, your case can be thrown out.
These cases can also be more complex. A skilled attorney can help with the complex paperwork. A lawyer assists with meeting all sneaky deadlines that become an unfair trap to families who have already been put through so much.
Taking Action After Getting Hurt Due to Drug Rehab Facility Negligence
Having a cushion to file a claim after a frightening accident at a rehab facility is nice. However, victims and their families should never wait to explore a claim.
Evidence will be key when taking on a facility’s insurance adjusters and lawyers. But victims who delay make it more likely that evidence is lost or disappears.
Giving an experienced attorney a head start on investigating an injury case is always best.
A skilled attorney would immediately secure this evidence and other details:
- Securing duty logs showing how often a victim was checked in on.
- Securing surveillance video before it gets erased.
- Securing visitor records to see if someone was allowed to bring drugs in.
- Tracking down witnesses before they become hard to locate.
- Securing a copy of an internal investigation into your case.
- Getting phone records and 911 evidence.
- Investigating the work history of staff members.
Contact us if a rehab facility caused your loved one to get injured.
Attorney Martin Gasparian offers a free, confidential consultation to rehab patients who have been injured and families who lost a loved one.
This meeting comes with no obligation. It’s a no-risk opportunity to find out what a case should be worth, and what deadlines you’ll need to be aware of.
Call us today or fill out a free case review form.