“Wrongful Death” claims are generally filed by family members to seek damages related to their own hardships after a tragic loss. It could be directed towards a negligent drug rehab facility.
- Wrongful death damages can include the funeral costs families face, the loss of household income in the future, and their emotional losses.
A “Survival Action” is a related claim, but it is filed by the victim’s estate. It seeks support for the hardships a victim endures before passing on after a tragic death at a rehab clinic.
- Survival Action damages include the medical bills victims built up before dying and the lost paychecks victims suffered while unable to return to work.
Survival Action Support After a Drug Rehab Facility Death
A survival action allows the estate of the deceased to win support for the damages suffered by the victim before passing on. It’s a claim that awards compensation similar to what the victim would have received had they not been killed.
When Could a California drug rehab facility be liable for Survival Action? In something like a drug overdose that eventually ends in death, a rehab facility would be liable for negligence if improper security measures allowed a patient to obtain drugs. They could be legally responsible if staff members didn’t check in on patients often enough to detect an overdose in time.
Who Can File a Survival Action? Generally, the executor of the deceased’s estate (often named in a will and often a family member) or an administrator of the estate appointed by the court.
Who Receives Money in a Survival Action? The estate would first use the money to pay any debts the victim left behind. Then the money would usually be divided between eligible heirs (often family members).
Survival Action support can be earned for these damages and others:
- The totals on any hospital bills left behind
- The lost income the victim suffered while unable to work
- The totals on any property damage
- Punitive damages meant to penalize grossly negligent facility owners
See: Why Survival Action Damages in California Have Changed Recently
Wrongful Death Support for Families
“Wrongful Death” claims are generally focused on the hardships that arise after a tragic death, often for the family (heirs) left behind. They can be filed against a Substance Use Disorder (SUD) clinic when victims aren’t supervised as promised.
Victims may gain access to drugs they shouldn’t have been able to obtain. Their overdose may be discovered far too late because staff members didn’t perform their rounds. Once discovered, their overdose may have been treated incorrectly.
These and other examples of carelessness can leave a facility and corporate owners responsible for a tragic death and liable in a Wrongful Death Claim.
Who Can File a Wrongful Death Claim in California? California gives the first right to file for damages to the spouse or domestic partner of the victim, and the victim’s children. Other family members financially dependent on the deceased could also join a lawsuit. See: Other Family Members Who Can File a Wrongful Death Claim
These and other damages are available through a Wrongful Death Claim:
- Support for funeral and burial costs
- Support for the emergency response fees and ambulance fees from the accident
- Support to replace the income the victim can no longer support loved ones with in the future
- Support for the emotional toll on the family
- Support for the loss of companionship for parents who lose a child to a rehab facility accident
Families may believe that their loved one will be blamed for their own overdose. They may feel alone when insisting that their family member deserved better care and commitment. However, a care facility’s broken promises and lax policies can leave owners and operators accountable. Visit our page on holding a facility responsible even though a victim used drugs for more information.
Contact Us if a California Rehab Facility Allowed Your Loved One to Die
Attorney Martin Gasparian offers a free, confidential consultation to families who lost a loved one at a California rehab facility.
Call us today or fill out a free case review form.
There’s no obligation for your meeting. However, if you need our help, you don’t have to find the money to hire a lawyer at such a difficult time. We are only paid if we win your case for your family. Then our fee comes out of the settlement a drug care facility must pay your family.