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How To Claim Compensation For A Brain Injury Due To Carbon Monoxide Poisoning? Can I Claim?

Carbon Monoxide is frequently called the silent killer. This is partly because as a colourless, tasteless, and odourless gas. It is extremely dangerous, causing many people to be injured or killed each year. Even a small exposure to carbon monoxide in the home, your workplace, or your car could cause a brain injury due to carbon monoxide poisoning.

Each year in England and Wales as many as 400 people are admitted to hospital for carbon monoxide poisoning. Of these just over ten percent are fatalities, with 40 – 50 deaths each year. A brain injury due to carbon monoxide poisoning can be extremely serious and is (generally) the most serious type of injury resulting from exposure to carbon monoxide. Exposure to CO poisoning & brain damage can lead to anoxic brain injuries.

In the most serious cases of carbon monoxide poisoning, the victims condition can deteriorate very quickly as they suffer seizures, slip into a coma, and potentially even die. Diagnosis can be confirmed with an MRI scan which will show changes to the white matter of the brain as well as the basal ganglia. Even in cases where the carbon monoxide poisoning at work or in the home is not fatal, the brain damage could lead to long-term neurological conditions. These may include problems with memory and disruption to the language centre of the brain as well as interrupted thought processes and changes in behaviour or mood. If the basal ganglia is damaged you may also experience symptoms similar to those of parkinson’s disease.

To find out more about how to make a brain injury due to carbon monoxide poisoning claim, as well as to find out how much your claim could be worth, talk to our team today by calling 0800 073 8804.

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A Guide To Claims For Brain Injuries Due To Carbon Monoxide Poisoning

In this guide to claims for a brain injury due to carbon monoxide poisoning we will look at what carbon monoxide poisoning is, what the symptoms of poisoning, how it can be treated and the long-term effect it may have on you as well as provide answers to whether you can sue your employer for carbon monoxide poisoning or make a claim for carbon monoxide poisoning at home.

Carbon monoxide poisoning leading to brain injuries can typically happen in places such as:

  • Homes with gas appliances which have not been properly maintained.
  • Appliances using gas in the workplace.
  • Garages and any space where a car in kept (with the engine being used) in a confined space without adequate ventilation.

Brain damage is one of the most frequent types of injury resulting from exposure to carbon monoxide. Lasting and permanent brain damage can happen even if the person does not lose consciousness straight away or even at all. Brain damage can lead to numerous consequences which we will look at in more detail through this article.

What Is Carbon Monoxide Poisoning And What Are The Symptoms?

Brain Injury Due To Carbon Monoxide PoisoningA brain injury due to carbon monoxide (CO) poisoning can happen because carbon monoxide is a very dangerous gas. CO tightly binds to haemoglobin contained in your red blood cells. This means that they can not carry as much oxygen around your body and to your brain. CO bonds with a strength two hundred times greater than that for oxygen. This means it can take up all the space on haemoglobin which would usually be used by oxygen. The Carbon Monoxide also interferes with the way oxygen is delivered.

This means that the amount of oxygen being carried around your body and how much oxygen your blood can potentially carry is constricted. The heart and brain are the organs most exposed to damage by lack of oxygen. People who are most susceptible to carbon monoxide poisoning are women who are pregnant, and the baby they are carrying.

What Are The Symptoms Seen In Cases Involving A Brain Injury Due To Carbon Monoxide Poisoning Claim?

Symptoms of carbon monoxide poisoning can be broken into three grades, mild, moderate, and severe.

Mild Symptoms

The symptoms of mild exposure to/ injury from carbon monoxide are often mistaken from food poisoning or the flu and can lead to the condition being misdiagnosed or missed if the person does not know that have been exposed to CO.

  • Headaches,
  • Vomiting and nausea,
  • Feeling down.

Moderate Symptoms

With a higher exposure to CO poisoning the initial symptoms will become stronger and may be accompanied by additional symptoms such as:

  • Problems thinking clearly or concentrating,
  • Dizziness and general weakness,
  • Drowsiness and confusion,
  • Being short of breath or suffering chest pain.

Severe Symptoms

Severe symptoms (such as those indicating a brain injury due to carbon monoxide poisoning) might include the following:

  • Seizure,
  • Coma,
  • Damage to the white matter of the brain and/ or the basal ganglia.

Chronic Exposure

Chronic exposure to low amounts of carbon monoxide can be caused by damaged gas equipment or appliances, or through working in places with inadequate ventilation. The symptoms will often be similar to those who have had a mild level of exposure.

Most people who experience mild symptoms or exposure levels will tend to make a full recovery when removed from the source. However, there can be persistent effects for some people.

What Are The Effects Of A Brain Injury Due To Carbon Monoxide Poisoning?

The effects of a brain injury due to carbon monoxide poisoning can include neuropsychiatric syndromes which impact on multiple parts of the brain leading to functional changes and many different symptoms, not just cognitive changes. If you have suffered the effects of any of these, you can claim brain injury due to carbon monoxide poisoning compensation.

People who are suffering from brain damage caused by carbon monoxide will have long-term difficulties and problems with things such as thinking, emotional control and overall behaviour, and using their body. The four areas where the largest impact can be seen are:

  1. How you think and your ability to remember things.
  2. Your mood.
  3. Your behaviour.
  4. Neurological functions.

Most people who have brain damage which was caused by exposure to CO will suffer symptoms across these four areas. Unique among other brain injuries, those with injuries caused by carbon monoxide may suffer brain damage which is much wider spread than those who experience a traumatic brain injury.

Statistics For Brain Damage Due To Carbon Monoxide Poisoning

Some of the headline UK statistics for general carbon monoxide poisoning include:

  • Four people visit A&E each day with CO poisoning symptoms.
  • 87% of visitors to hospital require treatment.
  • 20% of those visitors required hospitalisation for their injuries.
  • As many as 250,000 UK homes may expose people to levels of CO which are too high.
  • Rare cases of brain damage from carbon monoxide poisoning can lead to Parkinsonism, with the presentation of Parkinson’s-like symptoms.
  • Carbon monoxide poisoning legal cases have involved children and even babies suffering accidental exposure.

Brain Injury Due To Carbon Monoxide Poisoning At Work

Carbon monoxide poisoning at work should not happen. Each and every employer needs to ensure that all employees are kept from harm in the workplace. This extends to ensuring they are not exposed to carbon monoxide or any harmful substances. As such, if you’ve suffered carbon monoxide poisoning at work which led to a brain injury, you could be entitled to claim compensation.

CO is a natural byproduct of many processes and is commonly used in fuels. Exposure to CO in the workplace which leads to a brain injury could be caused by heating systems, furnaces, canteen equipment and vehicles which are switched on in confined spaces or spaces with poor ventilation.

To minimise risks in the workplace your employer should carry out regular risk assessments, ensure that there is adequate ventilation in the space and regularly service or check any equipment or machinery which could cause carbon monoxide leaks. If applicable they should also install, monitor, and service carbon monoxide testers.

Brain Injury Due To Carbon Monoxide Poisoning At Home

If you have suffered brain damage due to carbon monoxide poisoning at home and you are a tenant you could be entitled to make a compensation claim against your landlord. Landlords owe their tenants a legal duty of care to ensure that the property is maintained to a standard fit for habitation and to ensure that their tenants are not injured or made sick due to poor maintenance. An important part of this duty of care which is owed is to have gas equipment (such as heating systems or a cooker) certified and to provide certificates of this to the tenant. These checks should be carried out on a yearly basis. Having these checks and certification is a legal requirement and should your landlord breach this they could be open to a civil lawsuit.

Landlords should also install carbon monoxide detectors and alarms to alert you if levels become unsafe due to a leak. This should be in any room where there is equipment which could leak CO. These same legal obligations apply whether you live in a home rented from the council, a housing association, or a private landlord.

How To Begin Claiming Compensation For Brain Injuries Caused By Carbon Monoxide

The best way to start any personal injury claim is to speak with a personal injury lawyer. However, before you do there are some steps which you can take which will make you claims process a little easier.

When you accident happens try to take photos of the accident scene. If your exposure was caused by faulty equipment in the home or workplace, take a photo so you have evidence in case it is fixed and the liable person denies there was a fault. Get the details of any witnesses who can provide a statement at a later date. If you had any out of pocket expenses as a result of your accident keep receipts. You may be able to reclaim these costs when making your claim. Finally you should start your claim as soon as possible. You have three years in which to make your compensation from the date you were exposed, or the date at which you found you had suffered a brain injury due to carbon monoxide poisoning.

What Can I Include In A Brain Injury Due To Carbon Monoxide Poisoning Claim

When making a brain injury due to carbon monoxide poisoning claim, people are generally focused on getting compensation for their direct injuries. However, when making a compensation claim with a personal injury solicitor, there are other things which you can claim compensation for. These can include things such as different expenses you have had to meet as a result of your brain injury. The amount of brain injury due to carbon monoxide poisoning compensation payout you will receive will vary from case to case and will take into account the long-term effect this will have on you. These are called general damages. This is designed to compensate you for any physical injuries, as well as emotional pain and suffering experienced. The other forms of compensation you can claim for as part of your total claim could include the following;

Special damages which are designed to compensate you for effects of your brain injury due to carbon monoxide poisoning which are less easy to quantify and which are less direct. This could include any lost income (such as benefits or earnings) and any other long term costs. Your carbon monoxide poisoning lawsuit settlement can also recover other financial costs such as the costs of adapting your home, or car. If you had to move to a new home these costs can also be recovered, as can specialist home care, or private schooling which is needed. Continuing from this, you can also recover costs related to medicines and medical treatments carried out in either the NHS or private sectors. This could cover rehabilitation or other treatment. Your treatment for a brain injury caused by carbon monoxide poisoning may also have meant that you had to travel to different medical, educational, or rehabilitation facilities. These costs can often add up quickly and you could be able to recover some or all of these costs as part of your carbon monoxide poisoning settlement.

Carbon Monoxide Poisoning Settlements For Brain Damage

The first thing which should be noted when we are looking at carbon monoxide poisoning lawsuit settlements is that each and every settlement will be unique to that person, their injuries (and the extent of which) as well as the effect this has had upon them. As such, the carbon monoxide poisoning compensation payouts listed in the table below are provided for illustrative purposes. Remember, the amount of compensation you are entitled to or which you receive could be different from these.

Injury type and severitySettlementNotes
Brain damage - very severe£224,800 to £322,060 Can Be £1 Million + with extrasThe victim may have some ability to follow basic instructions, though little if any meaningful response to environment. Within this, there are several sub brackets.
Brain damage - moderately Severe£174,620 to £224,800 Can Be £1 Million + with extrasSerious disability and substantial dependance on others over the long-term, rest of their life. There are several sub categories within this.
Brain damage - moderate (i)£119,650 to £174,620 Can Be £1 Million + with extrasModerate to serious intellectual damage with personality changes and effects on senses such as your sight.
Brain damage - moderate (ii)£72,300 to £119,650 Can Be £1 Million + with extrasLess serious than the above category and the claimant will be able to work somewhat.
Brain damage - moderate (iii)£34,330 to £72,300Less serious or severe than categories (i) and (ii). Dependancy on others is more limited.
Brain damage - less severe£12,210 to £34,330Good level of recovery as well as abilty to work and have a social life.

There are lots of different things which can go towards making up your damages for carbon monoxide poisoning and this table should always be taken as an example of what you could get. Figures in the table above are taken from the 2018 updated version of the Judicial College guidelines which help to govern compensation settlements. Being able to make a successful claim for a brain injury due to carbon monoxide poisoning will be based on how serious your brain injury is.

No Win No Fee CO Poisoning & Brain Damage Claims

Whilst a brain injury could have devastating effects of your overall health and quality of life, one of the biggest concerns which people have after any type of injury, such as a CO poisoning & brain damage, can be the financial implications.

One of the best ways in which we can help to address this pressure is by offering our clients a no win, no fee service. This is a special type of contract which we can offer. It is designed to help if you find it difficult to meet your legal expenses, this means that you don’t need to make any payments upfront, nor whilst we are conducting your claim. Through no win, no fee agreements you will only have to pay your solicitor if your carbon monoxide poisoning settlement is awarded. In this case your solicitors fee will then be deducted from this. This means that no matter what happens, you won’t have the worry of legal fees.

These contracts are often called no win, no fee agreements or Conditional Fee Agreements (or CFA’s). They were created to that no matter your financial status you can confidently pursue a claim for brain injury due to carbon monoxide poisoning compensation, giving your the legal help you need. Your legal costs are also tightly controlled and there is a cap on how much can be charged as a percentage of your final settlement.

Why Seek Damages For Carbon Monoxide Poisoning With Legal Expert?

At Legal Expert we understand that wherever you are based in the UK there will be a plethora of options and services offering to help you with your personal injury claim for a brain injury due to carbon monoxide poisoning. So, why should you use Legal Expert and the personal injury solicitors we can provide?

At Legal Expert our number one priority is always to make sure that you get the best legal team behind you for your claim, as well as the best advice available about what steps and actions you should take, no matter your financial status. Our service always puts the customer at number one and you are our priority through the claims process.

You can contact us on the channels listed below. When you do so we will ask you questions about the cause of your accident to help us establish that someone else was responsible for this, as well as asking about the extent of your injuries. This all helps us to determine whether you will be able to make a personal injury claim.

We also understand that no two cases of a brain injury due to carbon monoxide poisoning are identical, and as such will treat your brain injury claim individually. We work had to make sure that you will get the maximum possible amount of compensation possible. Combined with our no win, no fee service, we hope to bring you peace of mind.

Contact Us Today To Start Your Claim For Free

If you have suffered a brain injury due to carbon monoxide poisoning you could be entitled to claim compensation. The best way to find out whether you are eligible to make a personal injury claim and get the compensation you deserve it to speak to our specialist team. Whether you are making a claim for yourself, or on behalf of someone else, start today.

No matter the cause of your brain injury compensation claim, reach out to our team today. We’re here to assist. Our team has the experience and knowledge to pursue a brain injury due to carbon monoxide poisoning claim. You can contact our team by calling us on 0800 073 8804. You can also send us an email to office@legalexpert.co.uk, or you can use the contact form on this page to request a call back.

Useful Resources

The links and resources below are hand picked to help you learn more about brain injuries caused by carbon monoxide poisoning, as well as how to make similar types of compensation claims with our useful guides.

Carbon Monoxide Compensation Claims
Have you suffered other types of injury caused by exposure to carbon monoxide? If so, find out more about how to claim compensation for other carbon monoxide poisoning injuries.

Asbestos Compensation Claims
If you have been exposed to asbestos whilst you were working, you could be entitled to claim compensation for the injuries this has caused to you. Find out more in our guide.

Brain Damage And Brain Injury Compensation Claims
Brain damage or brain injuries, and associated head injuries, can have a serious, long-term and complex effect up on you. Learn more about these injuries and how to claim compensation after them.

Headway The Brain Injury Association
This guide to brain injuries caused by carbon monoxide poisoning contains additional information. Contact the charity for additional support with brain injuries.

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