Do we have a case of negligence

[nexus6]

What is the name of your state? CA

Here's as many facts as I can gather.

Husband looses wife to miterious death 2 years 10 months ago in California. The husband just realized that she died to exposure to a dust that contained silica and probably caused her death. Here's the scenario:

Their house was going through renovations and dust particles were flying through the ac ventilation system causing the wife to suffer a stuborn cough, shortly there after she began to be short of breath and quickly started to loose her breath even after walking some 10 steps, she went to the hospital where she never came out alive.

It hasn't been until now that the ex-husband learns of silicosis and realizes that maybe there could be something done legally.

If there's any expert out there I would like to know if there is still time or if there is a statute of limitations, as far as I know there was no legal complaints or process strated be cause nobody knew anything could be done. Any constructive advice would be helpful.

 

[loveumms]

Was an autopsy performed to determine the cause of death?

Is is going to be VERY difficult to link any exposure to the death if the cause of death was not documented. Furthermore, even if she did die from exposure, the husband will have to prove beyond a reasonable doubt that she did not have any other exposures in her environment (work, recreationally, ect)

 

[stephenk]

"the husband will have to prove beyond a reasonable doubt"

That would be true if you were talking about a criminal matter. Civil burden of proof for wrongful death is preponderance of the evidence (more than 50% at fault).

However, the statute of limitations is 2 years in California. Why did you wait so long to try and figure out how she died? Was she your ex wife at time of death or were you still married to her?

 

[nexus6]

I just recently learned this, it is my father's ex-wife that died while he was out of the country on business. He never did do anything because he didn't know that anything could be done it wasn't until recently that he educated himself in relationshipo with the silica issue. He is trying to get the death certificate and any other evidence. He told me that his ex-wife's family sent a written complaint to the company that did the work shortly after her death. My concern is that they are spinning their wheels without even knowing if they can make this company responsable. If any of you can take a look at this case I would certainly appreciate any advice. Please e-mail me and thanks.

 

[justalayman]

It is hard to tell from your posts but it seems you are speaking of a very short timeline from exposure to a possible cause to death. You need to read up on silicosis.

Here is a link that has some info. As you can see, silicosis is generally caused, and suffered, over several years. Although it can be a quicker illness, this is not the majority of the cases. From what I have read, the deceased probably would not have been exposed to high enough concentrations of silica to cause acute silicosis.

The question I have of you is: what in the home renovation would have been the source of silica?


http://www.nlm.nih.gov/medlineplus/ency/article/000134.htm

 

[nexus6]

I believe that they were completely redoing the house, but I am just concerned that the statute of limitations has expired. I have visited that link but I have also learned that silica can have quick effects too. Thanks for the reply I will keep looking.

 

[justalayman]

I believe that they were completely redoing the house, but I am just concerned that the statute of limitations has expired. I have visited that link but I have also learned that silica can have quick effects too. Thanks for the reply I will keep looking.

Ok, now there are two questions:

1. what in the house was the source of the silica? Be specific, "redoing" the house does not answer the question.

2.what legal standing does your father have to sue on behalf of his ex-wife?
Since they were not married, your father lost nothing himself.

Actually make that two questions and a request.

Give us the timeline of the situation. How long was the renovation. When , in relation to the reno, did she become sick. How long from "start of horrible cough" to hospitalization to death.