The alarming increase in opioid use and drug abuse in general has resulted in more children being placed in foster care than ever before. Hopefully, this will give them a chance to heal from the abuse and neglect they suffered due to their parents’ addiction. Unfortunately, neglect is a huge problem in foster care placements, including residential group homes and private residences. As a result, children who are already using drugs are at risk of a drug overdose that results in death or serious injuries. And children that have no previous experience with Fentanyl, methamphetamines, and other substances are likely to try drugs for the first time.
Are you the parent of guardian of a child that passed away from a drug overdose while they were in foster care? Are you a former foster care child who is suffering from the effects of drug addiction or a drug overdose? The foster care abuse and neglect lawyers of Normandie can help you explore the option of filing a lawsuit against the foster care agency, the California Department of Social Services, and other entities that failed in their duty of care to you. It all starts with a free initial consultation, which you can schedule by contacting our office.
The Prevalence of Drug Abuse in the Foster Care System
Around 27% of 17-year-olds that are in foster care have been referred for treatment due to substance abuse, according to the National Youth in Transition. In addition, being a former foster care child increases your risk of developing alcoholism and drug addiction, compared to children who were never in the system. The possibility of addiction and overdose is especially high for kids over the age of 12. Based on figures from the National Survey on Drug Use and Health, the rate of addiction among foster care kids is more than 4 times the national average.
Clearly, substance abuse is a massive problem for children that are removed from their families and placed in foster care homes and residential facilities. While parental use is a major contributor, negligence within the foster care system is another reason these kids get hooked on drugs.
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Possible Causes of Overdose and Drug Use among Foster Children
Foster care is supposed to be a refuge for children who are being abused and/or neglected by their parents. But what they experience within the system can be just as bad, if not worse, and this is largely due to a variety of issues, which include:
- Inadequate screening of foster parents and their homes
- Lack of supervision – failure by social workers to make regular visits, talk to the child, etc.
- Failure to recognize signs of drug abuse in a foster child and/or not referring them to substance abuse treatment
- Foster care agencies intentionally leaving children in abusive or neglectful homes in order to maximize the funding they receive
Whether a foster child tries drugs for the first time or their drug habit gets worse, the people in charge of their health and safety must be held accountable for not providing the care and guidance that’s needed in these situations. A foster care drug abuse – drug overdose death lawyer can help you file a lawsuit and ensure that you have the necessary funds to move forward with your life.
Average Value of a Foster Care Drug Abuse Case
A foster care drug addiction caused by negligence lawsuit is worth anywhere from $500,000 to $3,000,000, based on the degree of neglect, the resulting injuries, and the emotional trauma sustained by the experience. Some cases result in settlements that exceed $10,000,000, but these lawsuits are typically filed on behalf of multiple plaintiffs that were victimized by the same foster parents, agency, etc. For a foster care drug overdose death lawsuit, the amount of compensation can be between $1,500,000 and $5,000,000.
It’s important to remember that foster care abuse lawsuits involve many factors that must be examined in order to figure out the appropriate amount of compensation. To discuss how much you can receive from a lawsuit for drug use while in foster care, call us to schedule a free case review.
How Long Does it Take to Settle a Foster Care Neglect Lawsuit?
It takes 1 to 3 years for a foster care drug overdose case to settle, though this is not necessarily a reflection of how long it will take to recover your settlement. Some of our cases are resolved within 6 months, but this is unlikely if you are suing for wrongful death. Generally, these cases take 12 to 24 months due to the complexity of suing a government entity for the negligent death of a child. It can take 3 years or longer to resolve one of these lawsuits if a trial is necessary. But it’s worth noting that less than 5% of all foster care death or injury by negligence lawsuits are tried in court.
Statute of Limitations to File a Lawsuit
If negligence by the foster care system caused your child to develop a drug addiction or suffer injuries from a drug overdose, you have 2 years to file a lawsuit from the date of injury. For those who are suing for the death of a loved one, i.e., a foster care child that died from a drug overdose, a lawsuit for wrongful death must be filed no later than 2 years from the date of death.
Alternatively, if you are a victim of childhood drug abuse while you were in foster care, you can file a lawsuit up to 2 years after your 18th birthday. However, it’s possible that the effects of drug abuse in foster care are not diagnosed until you are well into adulthood, and at that point, you may have exceeded the 2-year statute of limitations. Thus, you have 1 year to file a lawsuit based on the delayed discovery of injuries from substance abuse / overdose.
Contact Normandie Law Firm
Someone is always here to answer your call, so don’t hesitate to contact us if you need legal advice from a foster care abuse and neglect lawsuit attorney. One of our legal experts can talk to you about the available legal options during a free case evaluation.
If you decide that filing a lawsuit is the best course of action, you pay $0 in legal fees, since all of our attorneys work on contingency. In essence, the party you are suing covers our expenses as a part of your settlement award. Plus, we have a Zero Fee Guarantee, so you owe us absolutely nothing if we don’t win your case.
We look forward to meeting you and fighting for the justice you are entitled to. Please reach out to us and ask to speak with a lawyer who can sue for drug overdose deaths and injuries in the foster care system.
