Legal Question in Civil Litigation in California
Victim's rights from illeagal drug distribution
I need to know the rights and statute of limitations.
My son was drinking in a bar with friends. A "friend" offered him a "drink" to try, saying he would like it. Unfortunately, the "friend" put GHB in the drink. This caused my son to collapes on the floor. The drug shut his body down. He was rushed to the Hospital.
The "friend" has been arrested and charged with felony drug possession and drug distribution. The hospital bill was over $15,000.
My son has no medical insurance and the collectors are now at the door. He would like to sue the "friend" and possibly the bar for this action taken upon him.
How long does he have to file suit against this individual and if he can, the bar.
2 Answers from Attorneys
Re: Victim's rights from
He has one year from the date of injury to file a lawsuit. Unless the friend worked at the bar i see no grounds to sue the bar.
California also has a fund to help pay expenses of crime victims. I dont know offhand if he qualifies or how to apply but the Cops would know.
Ken Koury
Kenneth P. Koury, Esq.
5807 Topanga Cyn Blvd., Suite G-201
Re: Victim's rights
In California, restitution for victims of crime is a pretty good system. If this happened fairly recently, you should wait before filing a civil suit to see what the criminal justice system's restitution fund can do for you, because the criminal system moves faster than the civil system. If your near your one year deadline, you have to file the civil case or lose it.
What usually happens is that, if the defendant pleads guilty, a probation report will be ordered. In generating her report, the probation officer will usually contact any victims and ask them for any losses as a result of the injury. This is where you submit your $15K in hospital bills. This is a very effective remedy, because the defendant only gets probation if he makes payments on the bills. If he stops payment, he goes to jail (or state prison). If you want to be proactive, find the assigned deputy district attorney handling the case (by calling the district attorney's office with the criminal case number) and present your problem to the DA. The DA may refer you to the probation officer; if so, just follow that lead.
Benjamin Pavone
Benjamin Pavone, Esq.
4908 Santa Cruz 8
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