Carbon monoxide poisoning compensation claims
In the following guide we set out what you need to know about making a successful carbon monoxide poisoning injury compensation claim.
Carbon monoxide is a gas which is produced from the incomplete burning of fuels such as wood, coal, oil and gas. Carbon monoxide is odourless and colourless. It is extremely dangerous when inhaled, and can cause illness and even death.
Carbon monoxide is frequently found in industrial areas, mines and garages, and can also be found in homes or offices, if a defective heater is in use for example. People often don't know carbon monoxide is present until they begin to suffer from the side effects of inhaling it.
If you have suffered carbon monoxide poisoning in the last three years (longer if children were involved) and someone else was to blame, then we can help you make a compensation claim.
When carbon monoxide is inhaled into the lungs, it enters the bloodstream and depletes the amount of oxygen present in the blood. When cells in the body are deprived of oxygen they begin to die.
Symptoms of carbon monoxide poisoning:
- Shortness of breath
- Abdominal pain
Carbon monoxide poisoning can also be fatal.
If you have suffered from carbon monoxide poisoning at work or at home, and a third party is found to be responsible, you may be able to claim compensation for the injury caused.
I have a strong claim - why won't a solicitor take it on?
Who you make a compensation claim against will depend on where you suffered from carbon monoxide poisoning.
If you suffered carbon monoxide poisoning at home you may be able to make a claim against:
- The manufacturer of the appliance emitting carbon monoxide, if the appliance is found to be faulty.
- The person or company who installed the appliance, if it is found to have been installed incorrectly.
- The person or company who performed a safety inspection of your home or appliances, if they failed to recognise that the appliance was faulty.
- If you have a carbon monoxide detector that did not work effectively, you might also be able to make a claim against the company that manufactured or installed it.
- If you rent your home from the council, a housing association or a private landlord, you may be able to make a claim against them for negligence, for failing to ensure the safety of the property.
It is your employer's duty to keep you safe at work. Therefore they are responsible for ensuring that you are not exposed to dangerous levels of carbon monoxide. If you have suffered from carbon monoxide poisoning at work, this may be due to your employer's negligence, and you may be able to make a compensation claim.
Compensation awards guidelines are set by the Judicial College (formerly the Judicial Studies Board). The awards are proposed with reference to an injury's extent and nature. Compensation recommendations are made in the guidelines using tables of upper and lower awards for specific injuries.
Though these ranges are guidelines only and not set in stone but they are widely adopted by insurers, solicitors and the Courts. A Compensation Claims Report (CCR) predicts the amount of compensation you could get by referring to these guidelines as well as a number of other factors specific to your accident or illness.
Travel expenses including those to hospital appointments, the cost of medical treatment and ongoing care and loss of earnings can also usually compensated for. These are defined in legal terms as special damages.
A no win no fee arrangement (also known as a Conditional Fee Agreement) is agreed between the claimant and a qualified solicitor.
A CFA is essentially the conditions under which the solicitor represents the client.
It sets out what the solicitor will actually do as well as how he will be paid if your legal case is ultimately successful.
If you choose our solicitors for your carbon monoxide poisoning claim there will be no hidden fees , nothing to pay up-front and the comfort that you wont be out of pocket.
The nationwide network of Quittance solicitors handle all types of industrial disease claims, from short-term injury cases to life-changing injuries. Our solicitors are chosen on the basis of their track record in winning claims and their knowledge and expertise.
About the author
Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.
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