Drug overdoses are one of the leading causes of injury-related death among adults in the United States, and the numbers continue to rise. In 2022 alone, there were 107,941 drug overdose deaths.
When an overdose results in death, surviving family members may consider filing a wrongful death lawsuit. These cases hinge on establishing liability, either through negligence, misconduct, or both.
Understanding Criminal Vs. Civil Legal Options
In criminal cases related to overdose, the plaintiff’s representative must show that the defendant enabled the overdose to occur, for example, by supplying the drugs. If it can trace the source of the drugs to a specific person, such as a dealer, that burden of proof may be met.
In California, there is the “Good Samaritan Law,” which serves to help with the prevention of overdose fatalities. AB 472, California’s 911 Good Samaritan Law provides limited protection from arrest, charge, and prosecution for people who seek emergency medical assistance at the scene of a suspected drug overdose.
In civil cases, wrongful death claims can be a viable legal option in overdose situations. To file a wrongful death claim, you need strong evidence showing that someone else’s negligence led directly to the death of your family member. The burden of proof states you must establish that these claims are more likely true than not.
Wrongful death claims arise from instances where a negligent party’s wrongful act causes or contributes to another’s death. In most cases, this involves the breach of a duty of care, the obligation to avoid careless acts.
While laws vary by state, a wrongful death claim seeks to hold the responsible party accountable for their actions. It also aims to provide financial support for the surviving members of the estate. Depending on the case, the court may award punitive damages and economic damages. This may cover any medical bills, funeral costs, lost earnings, and even loss of companionship.
Children, surviving spouses, domestic partners, and grandchildren (if the children have died) can file wrongful death lawsuits. Note, you must complete this within the statute of limitations; otherwise, you may forfeit your right to file a claim.
Who May Be Held Liable?
Several parties can be held responsible, depending on the circumstances:
- Healthcare Providers – doctors, nurses, or hospitals
- Pharmacists and Pharmacies
- Drug Manufacturers – particularly in product liability claims
- Drug Dealers or Suppliers
- Employers or Institutions – if they played a role in enabling access to dangerous substances
Examples of Situations That May Warrant a Wrongful Death Lawsuit
Wrongful death claims involving drug overdoses can stem from many forms of negligence. Some examples include:
- A physician prescribes a drug at a lethal dosage
- A pharmacist misfills a prescription, giving the patient too high a dose
- A rehabilitation or treatment facility fails to provide adequate care or monitoring
- A doctor fails to explain the side effects and addiction risks of a medication, leading to overdose
- A drug manufacturer misrepresents a drug’s risks or downplays its addictiveness
Proving Liability in Overdose Cases
Building a successful case often requires:
- Medical records and prescription history
- Expert testimony to explain the standard of care and causation
- Overcoming challenges in proving a direct link between the actions of the defendant and the death
- Navigating the statute of limitations and other procedural hurdles
Schedule a Free Consultation With the Best Wrongful Death Attorneys (Los Angeles)
Wrongful death claims involving drug overdoses are complex and emotionally charged. They often require detailed investigation and expert legal guidance. It is best to work with a personal injury or wrongful death lawyer in Los Angeles. They can give you a more accurate and tailored approach to your case.
If you or someone you love passed in an overdose, our Los Angeles wrongful death lawyers can help. John J. Perlstein is known as the best personal injury attorney in Los Angeles and has over 25 years of experience securing fair and just outcomes in these cases. Call (213) 583-5786 or fill out the form for a free consultation with one of the top Los Angeles wrongful death law firms.