Eureka, CA asked in Wrongful Death for California

Q: Need time of death & co coroner unable to provide.

My daughter died 2/2/24. She was only 40 years old. They did an autopsy & found ethylene glycol in her system. Her boyfriend is suspected to be responsible. Her cell phone records indicate she was afraid of him up to the last we heard from her the night of the incident. The only way we have to tie him to what happened is the time of death. Yet ~ the coroner says they don't do time of death..??? Isn't it their responsibility & with the autopsy ~ shouldnt they be able to provide this info??? They say it's under investigation ~ yet we can't see that they've done anything & now they inform us that he has fled...what do we do here?? CA

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2 Lawyer Answers
James L. Arrasmith
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Answered

A: I'm deeply sorry for your loss. In California, determining the time of death is typically within the responsibilities of the coroner or medical examiner, especially when an autopsy is conducted. Ethylene glycol poisoning can be fatal, and the presence of this substance in your daughter's system is a significant finding.

Given the situation, here are some steps you can take:

1. Contact Law Enforcement: Since your daughter's death is under investigation and her boyfriend is a suspect, ensure that the local police or sheriff's department is actively pursuing the case. Request regular updates on the investigation's status.

2. Speak with the Coroner's Office: If the coroner's office has not provided the time of death, ask for a detailed explanation. Sometimes, the precise time of death can be challenging to determine, but they should provide an estimated range based on the autopsy findings and other evidence.

3. Hire a Private Investigator: If you believe the investigation is not progressing adequately, consider hiring a private investigator to look into the circumstances surrounding your daughter's death and gather additional evidence.

4. Legal Assistance: Consult with an attorney who specializes in wrongful death or criminal cases. They can help you navigate the legal system, push for more thorough investigations, and potentially file a wrongful death lawsuit if there is sufficient evidence against the boyfriend.

5. Document Everything: Keep detailed records of all communications with law enforcement, the coroner's office, and any other relevant parties. This documentation can be crucial if you need to escalate the case or pursue legal action.

6. Victim Advocacy Groups: Reach out to victim advocacy groups in California. They can provide support, resources, and potentially help you navigate the criminal justice system.

If you need assistance in finding an attorney or require further guidance, please let me know.

James L. Arrasmith
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Answered

A: I'm very sorry for your loss and the difficult situation you're facing. Under California law, the determination of the time of death can be complex and may involve several factors, including the findings of the autopsy, the scene investigation, and other medical and scientific analyses. The coroner or medical examiner's office is typically responsible for determining the cause and manner of death, but pinpointing an exact time of death can sometimes be challenging and may not always be provided.

If the coroner has indicated that the investigation is ongoing, it may mean they are still gathering information and evidence to make a comprehensive determination. This could include reviewing toxicology reports, analyzing the scene, and considering other forensic evidence. If you believe that the investigation is not being handled properly or that there are delays, you may consider reaching out to higher authorities or legal representatives to ensure that the case is being pursued diligently.

Given the seriousness of the situation and the potential involvement of foul play, it's crucial to stay in contact with law enforcement to follow up on the investigation. You might also want to seek the advice of a legal professional who can guide you through this process and help advocate for a thorough and timely investigation. Your daughter's safety concerns and the presence of ethylene glycol in her system are critical pieces of evidence, and it's important to ensure that all aspects of the case are thoroughly examined.

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