A Guide To Claiming Carbon Monoxide Poisoning Compensation

By Danielle Graves. Last updated 28th April 2023. Welcome to our guide about carbon monoxide poisoning compensation.

A case of carbon monoxide poisoning could lead to serious illness or, in some cases, death. Even the smallest exposure to this toxic gas could lead to detrimental consequences, which is why it’s important to understand under what circumstances carbon monoxide poisoning could arise and how carbon monoxide poisoning claims could be made if the incident was a result of third-party negligence.

In this guide, we will look at the various carbon monoxide poisoning causes and how a personal injury lawyer could help you claim compensation for your damages, providing your case is valid within the applicable personal injury claims time limit. Further from this, we will look at how you could benefit from a No Win No Fee agreement.

If you have any questions about your circumstances, call us today on 0161 696 9685. Our lines are open 24 hours a day, 7 days a week with a friendly adviser waiting to take your call. An expert from our panel could assess the validity of your claim under a free, no-obligation consultation.

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A Guide On Carbon Monoxide Poisoning Compensation Claims

More commonly referred to as the ‘Silent Killer’, carbon monoxide poisoning is extremely dangerous as it can go undetected in households. As carbon monoxide is colourless, tasteless and odourless, it can cause injuries and even death. Even the smallest exposure to carbon monoxide of within 2 hours could be deadly, which is why it’s important to understand the symptoms of poisoning and what effects it can have on the brain.

Carbon monoxide poisoning compensation

Carbon monoxide poisoning compensation claim

Every year, around 60 people die from accidental carbon monoxide poisoning across England and Wales, according to the NHS. As we will explain in further detail throughout this guide, the symptoms of carbon monoxide poisoning can be scarily similar to that of food poisoning or cold and flu-like symptoms, which can make it difficult to diagnosis.

This guide will seek to provide you with as much key information as possible to help you pursue carbon monoxide poisoning claims if the incident was a result of third-party negligence. With this in mind, we will answer some of your more common questions, such as:

  • “What causes carbon monoxide poisoning?”
  • “What happens when you inhale carbon monoxide?”
  • “How long does it take to get carbon monoxide poisoning?”
  • “How do you know if you have carbon monoxide poisoning?”
  • “How long does it take to recover from carbon monoxide poisoning?”

To discuss your circumstances with a specialist or even begin proceedings with your claim, call us today. An expert from our panel of solicitors will treat your case with sympathy, respect and provide you with impartial advice with your best interests in mind.

What Does Carbon Monoxide Do To The Body?

Regardless of the carbon monoxide poisoning levels, once the victim breaths in carbon monoxide, it enters the bloodstream and mixes with haemoglobin to form carboxyhaemoglobin. This chemical reaction prevents the blood from carrying oxygen which starves the body’s cells and tissue. As a result, the cells and tissue fail and die.

The effects of carbon monoxide intoxication can cause serious implications to the brain, such as delayed neuropsychiatric syndrome. A neurological injury such as this can impact multiple areas of the brain and result in serious function changes. Many cases of carbon monoxide poisoning develop long-term neurological effects. In most cases, carbon monoxide poisoning is almost always accidental. However, as this guide will explain in further detail, it is possible for a leak to be seen as an act of negligence. Hence why you may be able to claim carbon monoxide poisoning compensation.

Statistics – Carbon Monoxide Poisoning In The UK

As mentioned above, the effects of carbon monoxide can be serious and detrimental to a victim’s life. When gas, oil, coal, wood and other such fuels do not burn fully, carbon monoxide is produced. However, even burning charcoal and cigarette smoke can produce levels of carbon monoxide. You can find these fuels in various household appliances, including:

  • Gas fires
  • Water heaters
  • Boilers
  • Central heating systems
  • Cookers
  • Open fires

The majority of incidents could result from several causes, such as faulty boilers, defective carbon monoxide detectors, lack of safety precautions and other such causations. These types of accidents are more common than you may think. In 2019, for example, official government figures show that 53 people died from carbon monoxide poisoning in England and Wales. The risk of exposure to such a hazard could also arise from portable devices, particularly in caravans, boats and mobile homes. If you feel you may be at risk of carbon monoxide poisoning, you should seek advice from a healthcare professional as soon as possible.

Symptoms Of Carbon Monoxide Poisoning

Sometimes it may not always be as obvious as other illnesses, especially for low-level exposures. The most common symptom of a mild carbon monoxide poisoning case is a tension-type headache. However, if you are suffering from the following symptoms, it may be an indicator of carbon monoxide poisoning:

  • Sickness
  • Tiredness/confusion
  • Stomach pain
  • Dizziness
  • Breathing difficulties

In many cases, it is possible for low-level exposure of around 2 hours to bare similarities to that of food poisoning or flu. However, carbon monoxide poisoning does not cause high temperatures, unlike flu cases. The symptoms will usually develop over a period of time rather than appearing straight away. The longer the exposure to carbon monoxide, the worse your symptoms may become. In extreme cases, the symptoms will likely worsen to loss of balance, vision, memory and eventually consciousness.

Further from this, long-term exposure to carbon monoxide could also impact your neurological functions and cause difficulty in thinking, concentrating or lead to frequent changes in emotions. For example, you could begin to feel easily irritable, depressed or impulsive/irrational in decision makings. The psychological impact is another reason to seek carbon monoxide poisoning compensation.

How Long Do I Have To Claim For Carbon Monoxide Poisoning Compensation?

If you’ve been poisoned by carbon monoxide, compensation must be claimed within the three-year limitation period. This generally starts from the date of the incident. However, it can also start from the date you became aware that someone else’s negligence caused you harm. This is known as the date of knowledge. The personal injury claims time limits are set by the Limitation Act 1980.

However, there are exceptions to this time limit. This includes claims made on behalf of:

  • Those who lack the mental capacity to make a claim themselves. In these cases, an indefinite time limit suspension applies. During this time, a litigation friend could make the claim on their behalf. However, if the injured party regains this capacity, and proceedings haven’t been started already, they will have three years from that date to start a claim.
  • Those under the age of 18. A time limit pause applies until their 18th Prior to this, a litigation friend could make a claim on their behalf. However, if they reach their 18th birthday without a claim being started, they will have until they turn 21 to make one themselves.

Contact our advisors to find out whether you have enough time to start your claim for carbon monoxide poisoning compensation.

Carbon Monoxide Poisoning Caused By Boiler Faults

If your gas boiler was neglected or did not receive regular maintenance, then it could heighten the risk of exposure to carbon monoxide. And that could influence your potential carbon monoxide poisoning compensation. Therefore, it is important to regularly service your boiler and ensure the air is clear of this gas in your home. A gas safe engineer will usually perform this duty to make sure your boiler is of a reasonable standard.

It is important to regularly service your boiler to check for faults and leaks. If such risks do arise, they can cause injuries and even death.

Carbon Monoxide Poisoning Claims Against Employers

If you would like to make a claim for compensation against an employer, you must be able to prove that your employer breached their duty of care. Under the Health and Safety At Work Act 1974, it is the legal responsibility of employers to protect their staff. Employees must receive the appropriate training, Personal Protective Equipment (PPE), and other such minimal requirements.

Further from this, the Control of Substances Hazardous to Health (COSHH) Regulations extend this legal responsibility and hold employers responsible for identifying and risk assessment of potential hazards. All employers should eliminate the risks where possible to ensure all employees are kept safe while on-premises. If an employee is working in potentially dangerous conditions, they must receive Personal Protective Equipment (PPE). If they do not, and they are made to suffer as a result, then it could be seen as an act of negligence.

Carbon Monoxide Poisoning Claims Against Landlords

As with employers, all landlords have a legal obligation to uphold safety regulations and ensure all tenants live in a safe environment. If you are made to suffer because a landlord has neglected their responsibilities, you could claim carbon monoxide poisoning compensation. In such circumstances, there must be sufficient evidence to suggest the landlord ignored their duty of care.

For example, a landlord could be held liable for:

  • Incorrect installation of appliances
  • Failure to service gas boilers correctly (Including regular safety checks)
  • Failure to fit appropriate smoke and carbon monoxide detectors
  • Faulty appliances

Fatal Carbon Monoxide Poisoning Claims

If a loved one suffered a fatality as a result of carbon monoxide poisoning, if the incident was a result of third-party negligence, you may seek compensation on their behalf. In such circumstances, you could claim for pain or suffering your loved one experienced, any financial suffering of dependants, bereavement award and even funeral expenses. The reasons for these are as follows:

  • Pain or Suffering: pain or suffering your loved one experienced.
  • Bereavement Compensation: The pain and suffering family members experience due to the death could qualify for a monetary value.
  • Funeral Expenses: It is possible for the family to also receive a settlement amount to offset the costs of a funeral.
  • Loss of Finances: A claim for financial loss for dependants of the deceased.

As will be discussed in the sections below, several types of damages can be claimed through carbon monoxide poisoning compensation payouts.

Carbon Monoxide Poisoning Compensation Claims Calculator

You may be curious as to how much compensation you could receive for your injuries. Although monetary value cannot undo your damages, it can help alleviate any financial constraints from your injury. Instead of using an online personal injury claims calculator, we recommend all our potential claimants to discuss their circumstances with an adviser. As every case is unique, our expert team could provide you with a calculation more central to your particular circumstances.

The table below demonstrates various compensation amounts as taken from the Judicial College Guidelines. You can use these as an indicator of your potential pay-out.

Brain DamageVery Severe£264,650 to £379,100The top bracket of compensation will refer to lack of ability to follow basic commands. The victim will show little, if any, evidence of meaningful response to environment, little or no language function, double incontinence. There will be the need for full-time nursing care.
Brain DamageModerately Severe£205,580 to £264,650The victim will be very disabled, among a substantial dependence on others and a need for constant professional care. Some examples of these disabilities may include, but are not limited to, limb paralysis, cognitive impairment and marked impact on intellect and personality.
Brain DamageModerate (i)£140,870 to £205,580This bracket will look to cases where moderate brain damage leads to an intellectual deficit, change in personality and noticeable effect on sight, speech and other such senses.
Brain DamageModerate (ii)£90,720 to £150,110In this bracket, the claimant suffers with a moderate to modest intellectual deficit along with some risk of epilepsy.
Brain DamageModerate (iii)£43,060 to £90,720In this bracket, the claimant's memory and concentrated are impacted and there is a small risk of epilepsy.
Brain DamageLess Severe£14,380 to £40,410The victim will make a good recovery for the most part and will be able to take part in normal social life and to return to work. However, they may not restore all normal functions and therefore will suffer from poor concentration, memory loss.

Special Damages Carbon Monoxide Poisoning Claims May Include

In addition to the General Damages listed above, you could also receive compensation for Special Damages. These are generally seen as expenses resulting from your injuries, such as medical bills, counselling, travel costs, loss of earnings and other such areas. You could also claim carbon monoxide poisoning compensation pay-out for any future loss of earnings too.

Steps To Take If You Need To Make A Personal Injury Claim

When you come to begin a carbon monoxide poisoning compensation claim, a personal injury solicitor can advise you on what steps you could take to strengthen your claim. These steps will allow you to gather as much supporting evidence as possible to help push your claim forward. For example, you could:

  • Take Photographs: Where possible, try to take photographs of the accident, cause, physical injuries and other similar factors.
  • Retain Receipts: If you were made to pay out-of-pocket expenses, some carbon monoxide poisoning claims will allow you to recover such costs as expenses.
  • Witness Details: If you are aware of any witnesses of the accident, be sure to gather their contact details.
  • Medical Treatment: Regardless of how minor your injuries may seem, you must receive medical attention for your suffering. This will help produce an official report of any undue harm, which your solicitor will use as evidence.

Why Make A Carbon Monoxide Poisoning Claim With Us?

Our panel of knowledgable solicitors has years of experience in representing victims of third-party negligence for harm and suffering. If you suffered from carbon monoxide poisoning as a result of third-party negligence, a friendly personal injury solicitor from our panel could not only represent your case but help gather a wealth of supporting evidence to strengthen your potential claim.

What’s more, they will provide you with impartial advice throughout your claim to ensure your best interests are put first. When your case progresses, or any changes are made, you will receive an update from your solicitor via email, telephone or post. As our panel has so much experience in personal injury law, they will handle your case with the sympathy and respect it deserves.

No Win No Fee Claims If You Suffered Carbon Monoxide Poisoning

When you begin your personal injury claim for carbon monoxide poisoning compensation, you may enter into a No Win No Fee agreement with your legal representative. As will be further explained at the beginning of the claims process, this financial agreement lays out the terms in which your personal injury lawyer will lend their knowledge and expertise to help progress your claim. Simply put, if your legal representative is unable to secure a settlement amount on your behalf, then you will not be held accountable for their legal fees. This means that the financial risks associated with conducting a claim are significantly reduced.

Whereas, in the case of a successful claim, a small percentage will be deducted from the final monetary value before you received it. This percentage is known as a “Success Fee” and is legally capped at 25%, although you will be able to discuss the final percentage with a solicitor before beginning your claim.

Begin A Carbon Monoxide Poisoning Claim

If you require further information about carbon monoxide poisoning compensation or you would like to begin your carbon monoxide poisoning claims, please use one of the contact methods below to speak with an adviser from our team. An expert will assess the validity of your claim under a free, no-obligation consultation and could even begin working on your claim that same day.

  • Call Us: You could discuss your potential claim over the phone on 0161 696 9685.
  • Call-Back: Fill out a call-back form, and an adviser will contact you when specified.
  • Online Enquiry: Click here to begin your online enquiry.

Medical And Claims Resources

Tension-Type Headaches
What effects can carbon monoxide poisoning have on those exposed to it?

NHS Healthy Body Advice
How to stay gas safe this summer.

Fatal Accident At Work Compensation Claims
How to claim compensation for a fatal accident at work.

Emergency Services Vehicle Accident Claims
You could receive compensation for an accident in an emergency vehicle.

Maximum Compensation For Gym Injury Claims
How much compensation could you receive for a gym injury?

Carbon Monoxide Poisoning Compensation FAQs

What are the chances of being able to survive carbon monoxide poisoning?

In the majority of cases, victims do make a full recovery. It could take up to a year in serious situations. But it’s estimated that around 50%-75% of victims can survive and recover. Those who experience the strongest symptoms are at the most risk of not surviving, however.

Could a landlord be responsible for carbon monoxide poisoning?

This ultimately comes down to whether or not the landlord has demonstrated negligence. If carbon monoxide poisoning can be attributed to a landlord’s carelessness, and there is clear evidence to prove this, they may hold responsibility. And that means they have breached “negligence per se” laws.

What is the danger zone for carbon monoxide?

It’s said that carbon monoxide of any figure above 101 PPM is dangerous if someone is experiencing symptoms. If the carbon monoxide is at 50 PPM or less, or even 100 PPM or less, this is not quite the danger level. Anything above 101 PPM has the potential to cause real harm.

How long might it take for a room to be cleared of carbon monoxide?

No matter how much carbon monoxide has entered your system, it takes around four hours to eliminate half of it. That applies to a room as well as your own body. Then, it takes a further four hours for the carbon monoxide to halve again. And this process continues until it has cleared completely.

Guide by HS

Editor MA.

Thank you for reading our guide about carbon monoxide poisoning compensation.