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The Claims Process for Carbon Monoxide Poisoning

— September 12, 2022

Injuries related to carbon monoxide poisoning fall under the personal injury law.

Carbon monoxide is a silent killer and the number one cause of death in fire-related accidents. This is because the flames produce toxic gases that result in death by asphyxiation. Most of the time, the victim would be long gone before the fire got to them. 

However, if you were lucky enough to survive the fire, you are likely to suffer the effects of long-term exposure to CO (Carbon monoxide) poisoning. These effects include permanent brain and neurological damage. If you or your family member is in this situation, here is how to file your claim against the responsible party.

Who Should Make a Claim

Unfortunately for you, carbon monoxide can go undetected until it is too late to reverse the damage. It is tasteless, odorless, colorless, and has no smell. CO is produced when fuels are burnt in an environment with limited amounts of oxygen. It is a result of incomplete combustion.

CO poisoning can lead to illness or even death. Some of the symptoms of poisoning include the following:

  • Vertigo – This sensation makes you feel as if the environment around you is spinning. 
  • Recurring headaches. 
  • Dizziness and mental confusion
  • Abdominal pain. 
  • Nausea and vomiting
  • Shortness of breath. 
  • Complete loss of consciousness or even death

If you or your loved one is experiencing these and more symptoms and their cause has been verified to be carbon monoxide poisoning, you are eligible to make a claim and receive total compensation. 

What is the Statute of Limitation for a Carbon Monoxide Compensation Claim

Injuries related to carbon monoxide poisoning fall under the personal injury law. For this reason, a plaintiff has three years from the date of injury to make a claim. In the case of minors, the statute of limitation is three years from the day they turn 18. However, you must file a claim as soon as it occurs to ease the investigation process and increase your chances of getting total compensation.

Clock face; image by Age Barros, via
Clock face; image by Age Barros, via

Types of CO Poisoning Claims

There are a lot of variables that come into play when making a carbon monoxide claim. For example, where were you when it happened? What caused the CO production? Was it a result of negligence? If yes, then whose negligence was it?

Some Common Types of Claims Include the Following:

  • Work-Related Claims – if you suffer from carbon monoxide poisoning during work hours and while within the company building, you are eligible for compensation. Your employer has a duty of care towards you, and it is their responsibility to ensure your workspace is a safe environment. 
  • At-Home claims – If you live in a rented household and suffer CO poisoning due to the landlord’s negligence, you are eligible for a claim. Otherwise, you can sue appliance manufacturers and energy suppliers for failing to provide quality products and services. 
  • Fatal Injury Claim – this is made by the victim’s family, who has suffered the unfortunate scenario of losing a loved one to CO poisoning. The claim includes compensation for general and special damages. 

Your best chance at winning a CO poisoning claim is to prove liability and negligence from the responsible party. Cities like San Antonio are prone to CO poisoning because of the high number of oil fields. If you are a victim of CO poisoning in San Antonio, contact a San Antonio personal injury attorney.

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