If you suffer from carbon monoxide poisoning, it could cause serious health difficulties. Even on a minor level, this could bring about a number of physical problems. Carbon monoxide poisoning can be caused accidentally. However, it could also happen because of the negligence of a third party. If you suffer ill health because a third party that has a responsibility towards your health failed in its duty of care you could be eligible to make a personal injury claim. In this guide, we explain the eligibility criteria for claiming compensation for carbon monoxide poisoning. That includes an example case study where the victim in the same scenario receives an £11,000 settlement.
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- A Guide To Claiming Compensation Payouts For Carbon Monoxide Poisoning
- What Is Carbon Monoxide Poisoning?
- How Can You Suffer Carbon Monoxide Poisoning At Work?
- Carbon Monoxide Poisoning In A Public Place
- How Can You Suffer Carbon Monoxide Poisoning In A Road Traffic Accident?
- Personal Injury Compensation Calculation Process
- What Are Special Damages?
- Case Study: £110,000 For Carbon Monoxide Poisoning
- Get Your Free Legal Advice From Us
- Explanation Of No Win No Fee Policies
- Chat With Our Specialists For Free Legal Advice
- More Resources And Guides On Carbon Monoxide Poisoning
- Carbon Monoxide Poisoning FAQs
The guide that you have in front of you details many key topics when it comes to claiming compensation for carbon monoxide poisoning. Amongst the subjects are defining carbon monoxide poisoning, how you could suffer it, compensation settlements, No Win No Fee agreements and the illustrative case study itself. We also answer commonly-asked questions about carbon monoxide poisoning at the very end of this guide.
Personal Injury Claims Time Limit
There is a 3-year window in which you could start a claim. This time limitation often begins from the day of the injury or accident. There are exceptions. One is that you might not be aware that the illness was caused through negligence. For this case, you would use the date of knowledge. Moreover, those who are claiming on behalf of a child, because they can not make their own claim until they turn 18, have until the child’s 18th birthday to make a claim. If no claim is made before they turn 18 they can start their own claim when they become an adult up until they turn 21. There are also exceptions for those who do not have the mental capacity to claim for themselves.
Carbon monoxide, or CO, is a poisonous gas. You cannot taste or smell it. Carbon monoxide once in the human body system penetrates the bloodstream. Breathing difficulties, headaches, nausea, dizziness and tiredness are amongst the symptoms of mild consumption. At a more severe level, you could be hospitalised from struggling to breathe. And at its worst, carbon monoxide poisoning could be deadly. Often mild forms are similar to stomach flu or food poisoning.
The more exposed you are the more your symptoms get worse. If you are exposed to huge amounts in a short space of time you can lose consciousness after around 2 hours. And in the worst cases can be fatal. If you are exposed to carbon monoxide over a long period of time this can create a multitude of consequences. You may experience difficulty thinking and concentrating. However, breathing large amounts of carbon dioxide can lead to very serious conditions such as a rapid heartbeat. In order to hold a valid claim for carbon monoxide poisoning, you must be able to demonstrate it was caused by a breach in the duty of care owed to you.
Having explained carbon monoxide poisoning, let’s now consider how you could claim should you suffer it. Before we define the three main areas, we should note that any claim should be based on the negligence of a third party. Their duty of care to you was breached, thus causing a situation that led to you suffering carbon monoxide poisoning. In the context of this guide, that is what could allow you to claim compensation in the aftermath.
The first main area which could instigate carbon monoxide poisoning concerns employers’ liability (EL). The Health and Safety at Work etc. Act 1974 applies a duty of care to employers to ensure they create a safe space for their employees to work. One workplace accident maybe you suffering from carbon monoxide poisoning due to the fumes being emitted by a cooker in a restaurant. If the owner of the restaurant failed to ensure they had a gas safety check done each year this could mean they are liable for any suffering caused. To ask any questions, please call us on the telephone number above.
Accidents in public places could be covering all sorts of locations. Whether it’s a restaurant, a pub, a beach, a park or a nightclub, they’re all locations where someone could be injured in a public place. Of course, accidents can happen almost anywhere. And many of those accidents are not due to the fault of a third party. The Occupiers’ Liability Act 1957, applies a duty of care to those in control of a public environment. This is to ensure that it is safe for those who use it for the intended purposes.
A potential accident in a public place could see you suffering carbon monoxide poisoning in a hotel room. The cause might be a faulty gas boiler within the hotel complex as a whole. And that demonstrates negligence from the hotel owner by not ensuring full health and safety checks, especially for vital equipment like this. If this were to result in you suffering multiple injuries relating to your breathing, a multiple injury claim is possible. Discover more about this by talking to our advisors at any time of your choosing.
We now come onto the subject of a road traffic accident, or an RTA. This relates to the duty of care that comes as part of the Highway Code. It applies to anybody using the road, whether that be a driver, a cyclist or even a pedestrian. But even so, road accidents sadly happen with great regularity across the country. And the potential impact and injuries stemming from a crash could be significant.
For the purpose of this article on carbon monoxide poisoning, let’s think of one such example. It could be that a car collides with your vehicle from a head-on collision. The impact of the crash could be serious enough. But the vehicle could also emit carbon monoxide. To find out more about carbon monoxide poisoning following a road traffic accident, please speak to our advisors.
Once you recognise how the situation came about which led to you suffering from carbon monoxide poisoning, you could look at moving ahead with a claim. By this stage, you know how it occurred, and which party could be deemed as negligent. But you still require a further medical diagnosis. This could come weeks, months or even years after the original incident. So much so that you might even be back to normal. But by having this additional evaluation after initiating the claims process, the findings could greatly support your case. That includes clarifying how the incident specifically brought about you suffering poisoning as well as any subsequent health complications.
After you receive the complete diagnosis of your situation, we could then look at what you may claim. Often personal injury solicitors avoid using the potentially unreliable guesswork of online personal injury claims calculators. Rather, they focus on the aforementioned medical findings along with all evidence that we and you have gathered. That way, your potential settlement calculation is closer to what you might receive, both in a best- and worst-case scenario.
Now, the settlement itself is split into two parts. Special damages deserve a section of their own due to the various elements that they comprise. So, here, we’re simply covering general damages which handle the pain and suffering from carbon monoxide poisoning. They also look at any lingering health impact which necessitates a change in how you live your life. All of these physical and psychological consequences make up general damages for a compensation claim. To learn more, simply get in touch with our advisors today.
Special damages focus on any additional financial consequences which come to the surface following carbon monoxide poisoning. Some of them are self-explanatory, while others may not be obvious at first glance. They could include any of the following:
- Lost income due to requiring time off work during recuperation;
- Prescription costs;
- Expenses for any home equipment to assist with breathing should there be any long-term damage;
- Payments for public transport journeys to and from hospital appointments;
- Costs of any aftercare from a nurse or career during and beyond the recovery period.
In some (but not all) cases, you may be able to produce receipts and/or invoices. And these could help to support the validity of your own claim as a result. Leave us a message on our Live Chat service to ask any questions about special damages.
Mr Thomas, 34, lived in a rented flat. It was above a row of shops all owned by the same owner although different people occupied each one. He lived alone and had been there for several years now. His landlord seemed fine but was very reluctant to have any repairs done to the flat. So as the years went by Mr Thomas had arranged his own repairs as he went. He hardly ever saw the landlord unless he was late with his rent.
Over a series of weeks, Mr Thomas began to feel unwell. He thought he had the flu. There was no temperature so he was not that worried. However, he seemed to be getting worse rather than better. He started to feel really dizzy and confused. He had no appetite and always felt tired. One day a few months after the symptoms had started Mr Thomas collapsed. He was found by his neighbour.
A paramedic came to the scene and placed Mr Thomas in an oxygen mask within the back of the ambulance. He was taken to hospital and where he remained unconscious. He remained unconscious for several weeks and when he came to, it was found that he was suffering from brain damage. He found that his concentration was affected which left him unable to do his job. This meant he had to retrain. He was also told by his doctors that he had a small risk of epilepsy as a result of his injuries.
After several tests, he was diagnosed with carbon monoxide poisoning. Although Mr Thomas survived, he was told that he was very lucky. However, he still needed to remain in the hospital for a week, and he recovered at home for a further three weeks.
The hospital was concerned that his boiler system was the cause of the poisoning. When asked when was the last time a gas safety check was carried out Mr Thomas replied that one had never been done since he had moved in a few years back. The hospital refused to release Mr Thomas back into the flat until it had been checked out. It was confirmed that the boiler was very old and the landlord had been aware for some time that it needed changing.
Filing A Personal Injury Claim
Mr Thomas spoke with a personal injury solicitor shortly thereafter. He learned that he had a viable case to make a compensation claim. So, Mr Thomas filed a claim against his landlord, and he received £110,000 as an out-of-court settlement. The figure meant £42,000 in general damages and £68,000 in special damages.
|Type Of Special Damages||Includes:||How Much?|
|Lost Earnings||Lost earnings during his year off work||£45,000|
|Medical Costs||Costs of medication during recovery||£200|
|Transport Costs||Costs of using public transport for hospital visits||£250|
|Carer costs||He needed care for three months by a nurse and then family and friends cared for him for a remaining three months.||£20,000|
|Home adaptations||The cost of installing home adaptations to help cope with his disability||£2,000|
|Home assistance||Cleaner, dog walker and gardener||£2,500|
Note: This case study has been put together from our past experiences of dealing with personal injury cases. It is not based on a true-life case but illustrates the process of claiming compensation.
We offer a free consultation to all potential claimants ahead of them taking legal action. This is a courtesy we provide so that you’re aware of what to expect from the claims process. It means that you know what steps you have to take, along with any additional evidence you may need. What’s more, you could find out the range for a potential settlement ahead of the later steps, such as the medical assessment. It all means you can feel confident when moving ahead with your case to receive compensation for carbon monoxide poisoning. Ring up our friendly team for free legal advice.
You may be aware that we offer No Win No Fee agreements. These are applicable to anyone filing a claim with the help of our panel of personal injury solicitors. And this could therefore include your own claim for compensation after suffering carbon monoxide poisoning. But what does a No Win No Fee policy mean? Well, it means that:
- You have no obligation to pay your personal injury solicitor’s legal costs prior to or during the case itself;
- And if the case loses, you don’t pay their fees whatsoever;
- But if the case wins, your personal injury solicitor takes a success fee which has a cap. It is a percentage of what you are awarded.
In other words, you only pay towards the time and effort of your solicitor if you receive compensation. And you don’t lose a significant percentage of your payout in the process. And this could make the difference with regards to you deciding whether to use a solicitor or not for your case. To find out more about working with a No Win No Fee solicitor, call our advisory team today.
So, is there anything else that you wish to know about claiming compensation for carbon monoxide poisoning? Perhaps there are some points you have which we haven’t yet raised. Or maybe you simply want to find out more about a particular subject within this guide. Whatever the case may be, we’re here for you to provide guidance. All you have to do is call our claims team for free advice.
To contact our advisors, just telephone us on 0161 696 9685, use our 24/7 Live Chat or complete the contact form. Now, be mindful of the fact that speaking with us doesn’t mean you have to file a claim. And we’re accessible at any point to take care of your enquiry.
Thank you for reading our guide about claiming compensation after suffering from carbon monoxide poisoning. The links below may also prove to be of use for your information.
We start off with our analysis of carbon monoxide poisoning compensation.
Also, we discuss compensation for medical negligence.
And we also highlight compensation claims at care homes.
Meanwhile, the NHS also have a page covering carbon monoxide poisoning.
Their website also handles poisoning as a whole.
And this includes symptoms of poisoning.
How could carbon monoxide poisoning affect the body?
Carbon monoxide could displace oxygen within the blood and deprive your organs of oxygen.
Can you tell if areas have carbon monoxide?
Any soot or stains that appear brown or yellow, along with stuffy smells and black fumes could indicate carbon monoxide. However, it is very important to note that carbon monoxide is invisible you cannot see it, smell or taste it.
How does carbon monoxide leave the body?
If you think you are suffering from carbon monoxide poisoning you should seek medical advice.
Can you recover from carbon monoxide poisoning?
Most victims of mild carbon monoxide poisoning recover quickly if they have it diagnosed very early on.
Page by KG
Published by AL.