Carbon monoxide poisoning claims guide – How much compensation would I receive? How To Claim?

Carbon monoxide poisoning can lead to serious illness and even death. It is known also as a silent killer as it has no taste or smell. If you have been the victim of carbon monoxide poisoning as a result of a faulty appliance in your home, negligence at work or negligence on holiday then you may be eligible for compensation under a carbon monoxide poisoning lawsuit settlement.

Carbon monoxide poisoning

Carbon monoxide poisoning

If you would like to find out more about what you can claim for then please contact Accident Claims. Our experienced team of experts can advise you whether you have a viable carbon monoxide poisoning case and how to begin your claim. Call us free today on 0800 073 8801 or fill in our online form. Alternatively, read on to learn more about potential carbon monoxide poisoning verdicts.

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A complete guide for carbon monoxide poisoning claims

If you or somebody close to you has suffered from carbon monoxide poisoning then you may wish to seek compensation in order to claim damages for the pain and suffering experienced and for any additional costs that have been incurred as a result of the poisoning. Following a carbon monoxide poisoning you are likely to be experiencing trauma. You might have been left suffering from a long-term illness or may have experienced the passing away of a relative or friend and wish to claim on their behalf. You may have a lot of questions about how and why a carbon monoxide poisoning occurred such as ‘do you have to have a carbon monoxide detector?’ and may wish to hold somebody accountable for the psychological and physical injury that it has caused.

In our guide we will talk about the responsibility of landlords, employers and holiday tour companies to keep people safe from carbon monoxide poisoning. For example, in 2015, 24 people died as a result of carbon monoxide exposure in their own home. In some of these cases the fault lay with either a landlord, a boiler manufacturer or a heating engineer who failed to service the boiler properly. We will explain how individuals or companies may be held responsible if they have not fulfilled their legal obligations such a carbon monoxide detector building regulations. We will help you to understand how to recognise the signs and symptoms of carbon monoxide poisoning and what the long-term impact can be.

What constitutes carbon monoxide poisoning?

Carbon monoxide poisoning is a very dangerous condition. It can make sufferers extremely unwell and even lead to death. Unfortunately, carbon monoxide has no smell and no taste and so people exposed to carbon monoxide are often not aware of the danger they are in. Carbon monoxide poisoning is almost always accidental. Where there is carbon monoxide in the air, it could be breathed in and then enters the body via the lungs and is released into the bloodstream. The blood carries this carbon monoxide around your body causing extreme illness.

Symptoms of carbon monoxide poisoning

Another frightening feature of carbon monoxide poisoning is that the sufferer often does not know that they are being poisoned until the symptoms become very severe. Low level exposure can go on for some time but during this exposure the person is becoming more ill. The most common symptom in carbon monoxide poisoning claims is a tension headache. Sufferers may also experience nausea and vomiting, confusion, lethargy, dizziness, pains in the stomach and trouble breathing. Those who have been poisoned by carbon monoxide may confuse their illness with food poisoning or flu but the key thing to look out for is that poisoning by carbon monoxide will not cause a fever. The longer a sufferer is exposed to carbon monoxide the worse the symptoms will become. If your symptoms seem to improve whilst you are away from the carbon monoxide source and then become worse again when you come into contact with it this is a strong clue of what may be causing the problem. If there is a small amount of carbon monoxide then your symptoms may worsen gradually and you may begin to lose your memory and your vision and may eventually become unconscious. If you are exposed quickly to a high level of carbon monoxide then you may become unconscious within just a few hours. During this high exposure you may feel very dizzy, lose coordination, experience a fast heart rate and struggle to get your breath. You might have chest pain, seizures and at this point may even lose your life.

The good news is that if you have only been exposed to low levels of carbon monoxide for a short time then you won’t usually have to go to hospital but you should see a doctor. You should also check your home, work and perhaps even holiday accommodation the signs of a leak. If you have been a unlucky enough to be exposed to a high level of the gas then you will need to be given oxygen in hospital. Your recovery will depend on how much carbon monoxide you have breathed in and how long you have been exposed to it for. Up to 15% of sufferers who have experienced high levels of carbon monoxide inhalation are likely to experience long-term health complications as a result. Brain damage can be a symptom of long term exposure including ongoing memory loss and problems with concentration. They may also experience vision and hearing problems. Much rarer but still a risk is the future development of parkinsonism. Prolonged exposure to high levels of carbon monoxide can also cause heart disease. If pregnant women are exposed to carbon monoxide for a long time then the unborn baby is at risk of harm. Symptoms signs that a baby has been harmed by carbon monoxide poisoning can be low birth weight, stillbirth and future behavioral problems.

Carbon monoxide poisoning statistics

The Chief Medical Officer in England advises that there are on average around 40 deaths a year which are attributable to accidental carbon monoxide poisoning. Around 200 people a year require hospitalization as a result of poisoning by carbon monoxide and around 4000 people attend A&E with symptoms relating to carbon monoxide poisoning. 31% of these hospital admissions are for children under the age of 14 and 25% of the admissions are for individuals over the age of 65.

Types of carbon monoxide poisoning claims we can help with

If you are wondering ‘can you sue for carbon monoxide poisoning?’ Then here is a guide to some of the most common types of carbon monoxide poisoning claims that we can deal with. However, we are also happy to help clients bring carbon monoxide poisoning legal cases if they have been involved in other situations that are classed as carbon monoxide poisoning.

I suffered carbon monoxide poisoning in my home – do I have a claim?

If you suffered from carbon monoxide poisoning in your own home, you may hold liable the following people or companies:

  • If you suffered carbon monoxide poisoning at home as the result of an appliance that was faulty then you might claim against the manufacturer/maker of that appliance.
  • It is prudent to ensure you have a carbon monoxide detector in the home. If however the manufacturer of your carbon monoxide detector created a faulty product or did not install it properly, leading to carbon monoxide poisoning then you might make a carbon monoxide legal case against the company.
  • If you rent a home then it is the responsibility of the housing association, council or private landlord to ensure that your property is safe. If you suffer carbon monoxide poisoning as a result of the fact that your landlord did not fulfil their landlord smoke alarm requirements then you might launch a carbon monoxide landlord claim against them.
  • Many carbon monoxide court cases are brought against companies or people that failed to service gas boilers properly. If a safety check of your appliances was not carried out properly and they never identified a faulty appliance then you might want to launch a carbon monoxide poisoning claim against them.
  • You could launch a carbon monoxide poisoning claim if an appliance was incorrectly installed. In this instance, you can sue for damages for carbon monoxide poisoning from the person or company that installed it.

I was poisoned by carbon monoxide at work – could I claim

If you were made ill by carbon monoxide at work you may sue your employer for carbon monoxide poisoning. Under the Health and Safety at Work Act 1974, employers are legally responsible for protecting the health, safety and welfare of all their employees.

The Control of Substances Hazardous to Health (COSHH) Regulations go even further to protect the health and well-being of employees. The COSHH regulations state that it is an employer’s responsibility to identify and assess risks. They should aim to prevent any risks present by eliminating them completely, and failing that to control any risks that can’t be prevented. Exposure to carbon monoxide falls under the umbrella of risks which must be prevented or controlled. If employees are working with this potentially dangerous substance then they must receive training about the risks and be taught how to identify the signs and symptoms of carbon monoxide poisoning.

If an employer fails to fulfil these obligations then you might be eligible to sue your employer for carbon monoxide poisoning.

I suffered carbon monoxide poisoning on holiday – do I still have a claim

Thanks to the Package Travel, Package Holidays and Package Tours Regulations 1992, if you suffer carbon monoxide poisoning on holiday then you can claim directly against your package holiday provider or tour operator. This makes your carbon monoxide poisoning claim much more straightforward than trying to navigate a foreign legal system. The regulations make it a requirement that the package holiday provider safeguards your health and safety whilst you are staying in a hotel or travelling on the arrangements made by them.

You don’t need to find a solicitor who works in the country where you suffered a carbon monoxide poisoning. Accident Claims can provide a solicitor who covers your area and can help you every step of the way with your carbon monoxide poisoning case.

Carbon monoxide poisoning case study – Louis Corcyra Beach Hotel

The case study of Hotel Louis Corcyra Beach Bungalow from TUI involved the tragic story of siblings who died as a result of poisoning by carbon monoxide whilst on holiday in Corfu. They were staying in an apartment where the servicing of a boiler had been woefully inadequate. The children were on holiday with their family in a Hotel Louis Corcyrabeach bungalow. TUI were the tour operator. It was a four-star resort but corners had been cut. A little boy of 6, Bobby and his sister, Christi, age 7 were found dead by a chambermaid. Their father and his girlfriend were unaware as they were both in a coma.

The family who had stayed in the bungalow prior to the Louis Corcyra beach hotel death had been taken to hospital due to a sudden illness. No alarm bells had been sounded about the illness of these previous occupants. In the subsequent carbon monoxide court case an expert heating engineer stated that the hotel would have been closed down immediately if it was in the UK due to the fact that there was no flue venting to the outdoors.

The family had begun to experience symptoms two days after their arrival. Little Bobby had been dizzy and Kristie had begun to vomit.

If you have experienced anything like the Corfu carbon monoxide deaths hotel case then please contact us today and we will talk to you about how you can claim damages for carbon monoxide poisoning.

I suffered due to carbon monoxide poisoning in a rented property – is my landlord responsible?

When you have lived in rented accommodation and have been made ill by carbon monoxide poisoning as a result of a gas leak because your landlord did not fulfill the smoke alarm requirements then you may make a carbon monoxide landlord claim because of the landlord’s negligence.

Landlords are legally required to provide a gas safety certificate which is current. In order to keep this certificate up-to-date it must be renewed annually. Without the certificate, the landlord is breaking the law and so if you are wondering can you sue for carbon monoxide poisoning then the answer is yes, and your landlord may also be prosecuted through the criminal court.

You may be wondering do I need a carbon monoxide detector with a combi-boiler? The answer is yes, for safety reasons. Having a carbon monoxide detector is the law in Scotland if you have a gas boiler. If you are living in rented accommodation getting a carbon monoxide detector for a gas boiler is the landlord’s responsibility according to the Smoke and Carbon Monoxide Alarm (England) Regulations 2015. In addition, any room which is for living in and has a utensil that burns solid fuel should also have a carbon monoxide detector. Your landlord has a responsibility to check these carbon monoxide detectors on the first day of your tenancy. If your landlord has failed to do this then you may claim compensation.

The same rules apply if your housing is looked after by the local authority or housing association. If somebody has been negligent and somebody has experienced carbon monoxide poisoning in your rental accommodation because of it then you may be eligible for a carbon monoxide poisoning settlement.

Faulty boiler gave me carbon monoxide poisoning – can I claim?

If you have an old gas boiler and do not maintain it regularly then you are at risk of carbon monoxide poisoning as your boiler may be releasing this gas into the air in your home. Therefore you should ensure that your boiler is serviced annually by a gas safe engineer to make sure that your boiler is not releasing carbon monoxide. If you do not get an annual service for your old boiler then you may not be eligible for a carbon monoxide poisoning settlement.

If however you do keep on top of regular servicing and you still experience carbon monoxide poisoning as the result of a leak then this can indicate that the boiler is faulty. You may claim against the boiler’s manufacturer, the gas safe engineer, or the company they work for, if they have claimed that the boiler is safe, when in fact it is not.

Carbon monoxide poisoning death – how do claims work?

If you have been unfortunate enough to lose a loved one as a result of a carbon monoxide poisoning then you may wish to seek compensation for general and special damages. General damages covers the pain and suffering you experienced as a result of a loved one’s death and special damages includes the following:

  • Expenses. This covers any expenses you incurred as a result of the injury. This includes things like medical expenses, travel costs, child care, counselling and loss of income.
  • Punitive damages. Form of punishment against the person or company responsible in the case of a fatality.
  • Bereavement compensation.Compensates remaining family or friends for the pain and suffering they experience as a result of the death.
  • Funeral expenses. To offset the cost of the funeral service of your loved ones.

No Win No Fee carbon monoxide poisoning claims.

If you have suffered from carbon monoxide poisoning and would like to make a carbon monoxide poisoning claim then we can make it easy for you by offering a no win no fee service. No win no fee is also known as a conditional fee agreement. This means that we will help you to win your case without you paying any money upfront. If you are successful in your claim then the fee will simply be collected from your settlement money. The fact that you are not required to pay any money upfront takes away some of the stress of making a claim at what is sure to be a difficult time in your life.

How much compensation for carbon monoxide poisoning?

Sadly carbon monoxide poisoning can kill or at least cause serious illness. If you have experienced carbon monoxide poisoning then you may seek to bring a case to court to win a carbon monoxide poisoning verdict that enables you to receive damages. The compensation that you may be entitled to receive will depend on the circumstances of your case but this table will give you some idea of what kind of carbon monoxide poisoning settlement you may be eligible for.

Reason that damages are payableCompensation amountNotes
Loss of Life£12,500 - £300,000 plus extrasAverage compensation for death
Loss of life following a period of awareness before unconsciousness£8,000 - £10,650Injuries causing pain, unconsciousness after 3 hours followed by death within a fortnight
Loss of life with the victim being unconscious and death occurring within 6 weeks£6,400
Loss of life with the victim being unconscious and death occurring within one week£1,050 - £2,125
Loss of life following full awareness£15,950 - £18,100Short period of awareness and then in and out of consciousness between 4 and 5 weeks
Mental anxiety£3,550 - £3,910Fearful of loss of life and a shortened life expectancy
Brain damage - severe£214,000 - £307,000No usual response to external stimuli or loss of language as well as a need for nursing care.
Brain damage - moderate£166,500 - £214,350Serious disablement and requires constant care
Brain damage - less severe£11,650 - £32,700Normal social and work life but ongoing problems
Less serious brain or head injury£1,675 - £9,700Minimal brain damage
Costs of a funeral£3,000 - £10,000Could be in excess of £10,000
Punitive damages£1,000 - £275,000Depending on the circumstances.
Pain and suffering£1,000 - £200,000
Benefit loss£5,000 - £500,000Calculated on income lost
Loss of earnings£10,000 - £400,000Calculated on current salary and estimated future earnings.
Loss of family member and associated grief£2,000 - £100,000
Injuries to the chestup to £76,500Soft tissue damage, fractures, lung or heart damage.

How does a carbon monoxide poisoning claim progress?

If you decide to make a carbon monoxide poisoning claim then you are unlikely to want to become involved in the legal system and it’s complicated requirements. All of your energy should be focused on recovery. Therefore Accident Claims can help you throughout the process. Following a free, no obligation chat to get up-to-date advice on making a carbon monoxide poisoning claim,our team will ask you some questions about the carbon monoxide poisoning to establish what caused it and what symptoms you experienced and then will handle the hard work for you, whilst always seeking a maximum possible payout on your behalf.

Why choose Accident Claims for a carbon monoxide poisoning claim.

Our understanding team at Accident Claims have years of experience in dealing with carbon monoxide poisoning claims. Therefore they understand the trauma that you have suffered and will work hard to make the process as easy as possible for you. Our team are highly professional and will handle the process on your behalf from start to finish.

Get in touch to begin carbon monoxide poisoning claims

Get in touch with us today to begin a carbon monoxide poisoning claim. Call us on 0800 073 8801 or contact us via our online form. We’re waiting to hear from you.

Useful links

RLA Requirements

RLA Requirements information may be useful if you rent property.

HSE Guide to Carbon Monoxide

The HSE guide for Carbon Monoxide

ROSPA – Carbon Monoxide Information

ROSPA assistance with carbon monoxide

ONS Statistics

Statistics on carbon monoxide.