Legal Question in Personal Injury in California

My brother recently passed away at 25 years old due to a drug overdose in a "rehab." This is the second OD related death in this same rehab in 5 months. When we picked his stuff up from the rehab there were beer bottles in the back yard as well as a recently snuffed out bon fire. Is there a case here?

Second, our family wants the step-mom to take my nephew because his mom is still using drugs. Does the step mom have rights? Could she gain custody of my nephew?

Please help our distraught family.


Asked on 4/20/16, 11:52 am

1 Answer from Attorneys

1. It is never really possible to say if there is a case to be won based on a few sentences in an internet Q&A. With that limitation, however, I would say what you have so far is worth pursuing with an attorney who can fully evaluate the case. The biggest barrier I see is that the main damages for wrongful death are the loss of future earnings, which for a 25 yo drug addict are going to be hard to prove would amount to much. That in turn will make it hard to find an attorney to take the case. But I would at least try.

2. The step mom has zero rights. That said, however, it doesn't mean there is no way for her to gain custody. Instead of based on rights, however, she would have to get CPS involved and have the mother declared unfit, and then petition to become the daughter's guardian.

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Answered on 4/20/16, 12:19 pm


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