Juvenile detention centers, also known as juvenile halls, juvenile camps, and juvenile justice schools, are supposed to provide a structured environment for children who are headed down the wrong path. These range from minor infractions to serious crimes, but regardless of what they did, juvenile inmates are children at the end of the day. It’s also worth noting that some youth detention facilities house minors in the foster care system while they wait to be placed in a foster home.
It’s crucial that staff members at a juvenile hall provide a safe, secure environment that’s focused on compassion and rehabilitation. Tragically, many of these children are neglected for long periods of time, meaning there is a clear lack of supervision and safety protocols to protect inmates from dangerous conditions. This includes drug overdoses, which are very common in juvenile detention centers throughout California.
Are you someone that is suffering from the effects of drug overdose while you were incarcerated at a California youth detention facility? Are you the parent of a child who died from overdosing on drugs at a juvenile hall or camp program? If the juvenile justice system failed in their duty of care to protect you or your loved one from a preventable incident, you have the right to file a lawsuit for monetary compensation. To discuss your rights and legal options with a juvenile hall drug overdose lawsuit attorney, contact our law firm.
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Can You File a Lawsuit for Overdose at a Juvenile Detention Center?
Yes, if administrators and staff members at a juvenile detention center failed to take reasonable measures that could have prevented you from a drug overdose, you can sue for monetary damages, such as:
- Medical expenses
- Pain and suffering
- Lost wages
- Emotional distress
- Cost of legal fees
These cases are complicated, as there are many parties that play a role in the protection of juvenile inmates. There are probations officers, counselors, etc., that work with the children on a daily basis. Then, there are administrators that are in charge of hiring and supervising employees, handling complaints, and other operational duties. You also have the government agency that operates these facilities, like the county probation department and the California Division of Juvenile Justice (DJJ). In many cases, there is negligence by all these entities, which results in drug overdoses and other injury and death incidents among juvenile inmates.
Who is liable for a juvenile hall drug overdose is a complex issue, but getting the right answer is essential to your rights as the injury victim or loved one of a deceased inmate. The attorneys of Normandie are here for you every step of the way, so give us a call for more information on suing for an overdose at a juvenile detention center.
Rights of Parents to a Wrongful Death Claim
Parents who have lost their child to an overdose incident at a juvenile hall may be entitled to wrongful death compensation. This is a type of lawsuit that’s filed by family members who lost their loved one due to another party’s negligence or misconduct. Payments from a claim for wrongful death include:
- Funeral expenses
- Medical costs associated with the incident that caused the victim’s death
- Pain and suffering
- Loss of expected income and benefits
- Loss of consortium
- Attorney’s fees
Of course, money does not make up for the unimaginable loss you are suffering from. However, family members should not be placed in financial hardship due to a situation that was caused by someone else. Furthermore, these lawsuits send a message to other detention facilities that putting our children in danger is unacceptable, and there will be punishment for those who breach their duty of care to a juvenile inmate.
We have a skilled and experience team of wrongful death lawyers who are ready to speak with you, so please give us a call if your family member passed away from overdosing on drugs at a California juvenile detention center.
Average Case Value of an Overdose at a Juvenile Hall Lawsuit
Lawsuits for injuries or death from a juvenile hall drug overdose may be settled for $500,000 to $2,000,000, based on the many factors that are specific to each case. For example, if the victim sustained serious injuries with lifelong complications, a juvenile inmate drug overdose lawsuit will likely settle for over $1,000,000. If there are multiple severe injuries, it’s possible for a drug overdose lawsuit to settle for $5,000,000 to $10,000,000.
For claims involving wrongful death, payments typically exceed $1,000,000. However, the degree of monetary losses and emotional anguish to the family is a very personal issue. As a result, some wrongful death lawsuits at our law firm are settled for $3,500,000 to $5,000,000, while other cases are settled for around $500,000. Ultimately, what matters if the amount you are entitled to, based on the physical, emotional, and financial harm you suffered.
How Long will it Take to Settle a Juvenile Hall Drug Overdose Claim?
Personal injury lawsuits against youth detention centers often take 12 to 24 months from start to finish. Some cases take less time – perhaps 4 to 6 months – but these are lawsuits against government entities, which are some of the most complex cases we handle at our law firm. This is particularly true with wrongful death claims, which normally take 1 or more years to settle. When the negligent party is a county or state agency, the settlement process can take over 3 years, especially if your case goes to trial. This is highly unlikely, since over 95% of juvenile hall negligence lawsuits are settled out of court. Still, we would have to say that the average amount of time to reach a settlement is 1 to 2 years when you are seeking damages from a juvenile detention center.
Statute of Limitations for a Lawsuit
Because you are suing a government institution, you must file a claim within 6 months of the incident date, meaning the date of the overdose or the date of discovering an injury resulting from the overdose. In the event you are seeking wrongful death compensation, a compensation claim with the appropriate agency must be filed within 6 months of the person’s death.
Upon receiving your claim, the agency has 45 days to provide a written response, whether they reject your claim or offer a settlement. If it’s been 45 days since the agency received your claim and there is still no response, you can consider this as a rejection by default. If your claim for injury or negligent death is rejected, you will need to file a lawsuit within 2 years with the applicable court system.
Due to the tight deadlines for a government claim, we advise that you contact our law firm immediately. In addition, there’s a good chance that your case will progress to a lawsuit, which you should not attempt without help from an experienced juvenile hall injury attorney.
Free Second Opinion
We know that you have your choice of law firms when it comes to neglect and abuse cases at a juvenile hall. Thus, it’s quite possible that you have hired a lawyer already, who has filed a claim or lawsuit on your behalf. However, there may be issues that you’re unhappy about, like how hard it is to get in touch with your lawyer. Or, maybe you’re frustrated by the lack of progress or updates on your case and want to see if finding a new lawyer is the right way to move forward.
We are happy to offer you a free second opinion on your case, so don’t hesitate to call us if you need advice on an overdose at a juvenile detention center lawsuit.
Free Legal Services from a Juvenile Hall Neglect Attorney
Inmates at a juvenile detention center deserve to be housed in a secure and well-supervised environment, but that’s not the case at many of the facilities that are managed by the juvenile justice system. Drug abuse and overdoses occur at alarming rates at these locations, and most of these incidents could have been prevented by the people in charge.
By contacting our law firm, you will receive a Zero Fee Guarantee from the very first consultation. That means you pay nothing out of pocket to hire an attorney, as we wait to receive payment from the party you are suing. Our fees are included in your settlement check, so we don’t make a cent unless you receive compensation at the end of your lawsuit.
Contact us right away and speak to a juvenile hall drug overdose lawyer during a free case evaluation.
