Family members sometimes have to testify when suing a drug rehab company over the death of a patient.

However, the majority of wrongful death claims are settled before reaching trial, often making an appearance in court and official testimony unnecessary.

A skilled attorney can help you and other family members understand the process of holding a negligent rehab facility fully responsible. An attorney can also prepare the family for any questions they might receive.

To find out what’s possible, take advantage of a free case consultation. Call us today or fill out a free case review form.

Testimony in a Wrongful Death Insurance Claim

When families have just filed a wrongful death insurance claim, without exploring a lawsuit yet, the goal will usually be to reach a settlement. In settlement negotiations, family members who are taking part wouldn’t usually have to give in-person testimony.

The negotiations are more informal, and lawyers for facility owners wouldn’t have the legal authority to compel family members to testify.

In some cases, a lawyer may ask a client to give a written statement. This statement may go over the family member’s dealings with the careless facility and negligent care that was observed.

One thing family members should watch out for is insurers calling to ask for a recorded statement. Families don’t have to give any statements over the phone. They should decline and refer insurers to their lawyers. The insurance company is hoping to record the family member saying something they can twist later to hurt their claim.

Depositions for Family Members

If a lawsuit has been filed against a drug rehab facility, families may have to offer deposition testimony. This is a pre-trial statement made out of court.

It’s a statement made under oath that’s usually taken in person in an office setting with lawyers for both sides present. Lawyers can ask questions, and a recording is usually made. This step is usually done so attorneys get a preview of what witnesses may say in a trial setting.

Family members may be asked about several things:

• The life and history of the loved one lost to an overdose
• The family members’ communication with the rehab facility
• The promises they received from the facility
• The damages the family members are asking for (e.g., funeral costs, lost income)
• Their right to participate in a wrongful death trial

See: Who Can File a Wrongful Death Claim?

Some of this testimony will be difficult for family members who are still grieving the loss of a precious life. An experienced lawyer can make sure family members are made comfortable. A lawyer can make them aware of the questions they may be asked so they can emotionally prepare for them.

Family Testimony in a Trial

Deposition statements may be enough for lawyers, meaning family members won’t have to take the stand for live testimony. However, in some cases, family members will be made to testify before a judge and jury.

They can be asked similar questions they faced in deposition. They may be asked about the impact of the death on loved ones. A skilled California rehab facility wrongful death lawyer would make sure clients were prepared for the emotionally charged questions they may face. Clients should also be prepared for aggressive cross-examination from the facility’s own lawyers.

It’s important to emphasize that the majority of wrongful death cases are settled before a trial, and life testimony is required. A settlement can be reached, even if a lawsuit has already been filed and a court date is set. A settlement can be reached even while the trial is going on.

Businesses, like a health care network, will often do everything they can to avoid going before a judge. A trial will be expensive for the business. They could also receive a hit to their business reputation.

A skilled attorney can represent the threat of a trial, making lawyers for a rehab center work even harder to provide a just settlement to families.

When a Lawsuit and Trial Are Necessary

A lawyer working for the family would fight to get the family everything they need to protect themselves in a settlement.

But in some cases, filing a lawsuit becomes the only option:

• The liability insurance provider refused to accept that the facility was to blame for an overdose
• The insurer refused to provide a big enough settlement support to cover all the damage the family was left with
• The insurer has stopped responding to the family
• The deadline for filing a claim (usually two years in California for a negligent facility claim) is near and a settlement hasn’t been offered.

Fortunately, if you have legal representation, your lawyer will always be preparing for a lawsuit just in case. The evidence will be ready to submit, and families will know what they can expect.

See: The Evidence Checklist When Filing Against a Negligent Drug Rehab Center.

Contact Us if your Loved One Was Allowed to Fatally Overdose

Attorney Martin Gasparian offers a free, confidential consultation to all family members who have lost a loved one to California drug rehab negligence.

There’s no obligation for a free case review. But when families need our help to hold drug treatment centers accountable, they don’t have to worry about how they’ll afford a lawyer.  There are no upfront costs to hire us. We don’t get paid unless we win your case. Then our fee comes only from the settlement a drug rehab facility must provide.