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Carbon monoxide poisoning, also known as CO poisoning, can cause serious harm to anyone’s health. A carbon monoxide detector can help alert you to the presence of carbon monoxide. Accidental carbon monoxide poisoning is a huge concern, though in some cases, it happens due to negligence.
Caputo & Van Der Walde, LLP, is a law firm that has extensive experience in representing carbon monoxide poisoning cases. Revered for their ability to compassionately represent victims who have suffered from the effects of carbon monoxide poisoning, these San Jose personal injury lawyers seek compensation to cover the massive costs of medical bills and other financial losses. In this informative blog post, you’ll learn about the average settlement amount for carbon monoxide cases as well as what causes carbon monoxide poisoning to occur.
CO exposure can be deadly, and it stands to reason that if someone else has caused you or a loved one to endure carbon monoxide poisoning, you should have legal recourse. However, determining a settlement amount isn’t that simple since there will be many factors that could impact the compensation awards in carbon monoxide cases.
Victims of carbon monoxide poisoning could receive thousands of dollars or even millions. A famous carbon monoxide lawsuit from 2018 brought against the Best Western Hotel chain in North Carolina provided a wrongful death settlement in the amount of $12 million to the parent of an 11-year-old child who died from carbon monoxide poisoning.
If you have been exposed to carbon monoxide fumes and experienced symptoms, it is essential to speak with carbon monoxide poisoning attorneys to determine your legal options.
Fires and fireplaces are one of the most notable sources that produce carbon monoxide, though they aren’t the only cause. Gas appliances such as stoves, gas-powered generators, heating systems, old water heaters, or even a spa heater can also cause a carbon monoxide leak of this dangerous, odorless gas.
Combustion fumes, especially in enclosed spaces, can also cause carbon monoxide poisoning. Running a car too long inside a garage can cause carbon monoxide to build up. In short, there are many causes of carbon monoxide poisoning. Installing carbon monoxide detectors can keep people safe from these dangers at home as well as in offices, restaurants, hotels, and more.
Carbon monoxide poisoning is known to cause symptoms that may easily be shrugged off as something else. You may experience persistent headaches that don’t go away. Additionally, it can cause you to experience weakness, dizziness, shortness of breath even at rest, nausea, vomiting, blurred vision, and confusion.
In carbon monoxide poisoning cases with prolonged carbon monoxide exposure, loss of consciousness may occur. As in the tragic carbon monoxide case noted above with the 11-year-old child, it is imperative that anyone who suspects CO poisoning or experiences these symptoms seek immediate medical care at the emergency room.
In a carbon monoxide poisoning case, there are likely multiple liable parties, though it will depend on the factors involved. Carbon monoxide poisoning could be the result of a landlord’s failure to inspect the heating system or other appliances that use gas in your home.
Any property owner or local management company that has failed to have carbon monoxide detectors installed as they should could also face liability in a carbon monoxide poisoning case. When CO detectors are installed, they can save lives by detecting the levels of carbon monoxide in your rental property or hotel room.
Additionally, a business owner could be at fault for prolonged exposure if customers suffer the effects of carbon monoxide poisoning. In these situations and many more, you may have the right to recover compensation from the property owners or other liable parties if you suffered harm.
In order to do so, carbon monoxide attorneys must prove what happened to you. This will require presenting evidence to prove these challenging claims.
Blood tests can prove your exposure to carbon monoxide. Your medical expenses can serve as additional proof in your case.
If a landlord or owner of the property has failed to uphold duty of care and neglected to install carbon monoxide alarms, they may be held liable. However, even if CO detectors were in place, they could provide evidence if the alarm sounded or indicated the levels of carbon monoxide.
In some cases, the appliances themselves may be defective products or outdated. It will take experts to prove whether it was a manufacturer’s error or the other party’s negligence in these types of cases.
If you or a loved one suffered carbon monoxide poisoning, you deserve to be compensated for the physical pain and emotional distress you have endured. When someone else’s negligence has turned your life upside down, causing injuries or even death to a family member, you can seek damages.
Usually, this will include medical expenses for the visit to the hospital and life-saving treatments. Depending on how long you were exposed and how it impacted you, you may also seek future medical expenses for any ongoing care. Lost wages are common in a settlement for carbon monoxide poisoning. Your financial situation will deteriorate further without a steady income. In addition to lost wages, you can seek loss of earning capacity if you are unable to return to your profession.
These are examples of economic damages you can recover, though legal assistance can help you seek non-economic damages for the pain and suffering you have endured. It may also be possible to apply punitive damages to your case if the exposure was grossly negligent or malicious in nature.
Ultimately, an initial consultation with an attorney can help you determine your next steps. Caputo & Van Der Walde, LLP, has a strong track record of success that has helped them secure compensation for victims in carbon monoxide poisoning cases. Schedule a consultation to find out what a fair settlement will look like in your case.
As members of the Multi-Million Dollar Advocates Forum® and the Million Dollar Advocates Forum®, we have proven our ability to negotiate and litigate on behalf of our clients successfully. Retain us to put our tactical strategies to work for you. These skills are what make our legal team such a formidable opponent in any courtroom or negotiation setting.