Rockford Carbon Monoxide Poisoning Lawyers
Exposure to carbon monoxide can lead to the sudden onset of illness and even death if the carbon monoxide reaches a certain level. It’s a dangerous gas that is both odorless and colorless. And sometimes the exposure can lead to long-lasting injury.
When carbon monoxide poisoning is caused by someone else’s negligence you might be able to hold that person or entity responsible for your medical bills and other expenses.
If you’ve experienced carbon monoxide exposure that has made you sick please contact us and tell us your story – there is no cost for our consultation – contact us using the form on this page, email – contact@rockfordpersonalinjuryattorney.com, or call (815) 964-8303.
Carbon Monoxide Claims – Different Claims for Different Causes
Where you were injured, who or what was the cause of the injury, and when it happened are all important when filing a carbon monoxide claim. Each case will be different. You can file a lawsuit against a person, product, workplace, or for death. Read more about the different types of lawsuits here:
- Personal Injury (a suit against a person)
- Property Liability (a suit against a product or manufacture)
- Workers’ Compensation (a suit against your employer or company)
- Wrongful Death (a suit filed by a close relative that resulted in death)
Identifying the Symptoms of Carbon Monoxide Poisoning
Symptoms of carbon monoxide poisoning can mimic symptoms of many other diseases and health conditions. As such, it is not always easy to detect whether a person has sustained carbon monoxide exposure injuries without a proper medical examination. If you suspect that you’ve been exposed to such a dangerous gas you should seek medical attention.
Examples of the most common symptoms associated with carbon monoxide poisoning include:
- Dizziness
- Headache
- Nausea
- Vomiting
- Weakness
- Chest pain
- Altered mental status
Understanding the Severe Nature of Carbon Monoxide Exposure Injuries
While some carbon monoxide exposure injuries are temporary, injured victims who are unconscious and exposed to carbon monoxide for an extended period of time may sustain long-lasting or permanent injuries.
For example, a person with a pre-existing heart condition may be at risk of suffering a heart attack from carbon monoxide exposure. Additionally, individuals with lung conditions may suffer substantial harm that exacerbates the underlying health condition.
Carbon monoxide exposure that makes a person comatose may be linked to long-term brain damage. The longer the brain is without adequate oxygen, the more severe the carbon monoxide exposure injuries may be.
Long-lasting and permanent injuries associated with carbon monoxide exposure include the following:
- Chronic headaches
- Brain damage
- Lung damage
- Damage to other internal organs
- New onset or exacerbation of heart conditions
- Chronic fatigue
Seeking Compensation for Carbon Monoxide Injuries in Illinois
Injury By Person
One way to seek compensation for carbon monoxide injuries is to file a lawsuit in court against the person or party you feel is responsible. Personal injury lawsuits in Illinois involve allegations of negligence – someone’s actions or inaction is the direct cause of another’s injuries.
Examples of negligent could be:
- A person’s decision to keep a vehicle running in a closed garage.
- The failure of a property owner (both residential and commercial) to install carbon monoxide detectors in homes or other buildings.
- Failure of a business owner to ensure proper safety guidelines are in place to protect customers in the event of a carbon monoxide leak.
Injury By Defective Products
In some cases, a failed device may cause or contribute to carbon monoxide injuries. For example, a carbon monoxide detector that fails to do the basic job of alerting to the presence of carbon monoxide fails – a product liability lawsuit against the party that designed and/or manufactured the carbon monoxide detector could be established.
Injury That Ends In Death
If someone dies from carbon monoxide poisoning and it was due to the neglect of someone or the failure of a product the victims surviving relatives can pursue legal action by filing a wrongful death lawsuit.
Injured on The Job – in Illinois
When a person suffers carbon monoxide injuries while on the job – regardless of the cause of the carbon monoxide exposure – he or she may be entitled to workers’ compensation benefits.
While workers’ compensation benefits may be sufficient in cases involving mild to moderate injuries, such benefits may be woefully inadequate for a person whose carbon monoxide exposure injuries are long-lasting, permanent, or fatal. Therefore, exploring additional legal options involving the court system is often a consideration discussed alongside an Illinois Carbon Monoxide Exposure Injury Lawyer.
If you’ve been injured from carbon monoxide on the job but your workers’ comp benefits didn’t cover everything please reach out and tell us your story. We’ll be able to assess how strong of a case you have. Our consultation is always free – contact@rockfordpersonalinjuryattorney.com
The Statutes of Limitations for Carbon Monoxide Exposure Injury Claims in Illinois
Under Illinois law, most legal claims involving carbon monoxide exposure have to be filed within 2-years of the injury. However, it’s not uncommon for some exceptions to apply that extend the limitations period beyond two years.
Statutes of limitation applicable to carbon monoxide exposure injury lawsuits in Illinois include the following:
- Personal Injury – 735 ILCS 5/13-202 – In Illinois, an injury victim has two years from the date a cause of action accrues, which is likely when the injury victim sustained the carbon monoxide exposure injuries, to file a personal injury lawsuit.
- Products Liability – 735 ILCS 5/13-213 – Under Illinois law, a person wishing to file a product liability lawsuit concerning allegations of carbon monoxide exposure injuries has two years from the date he or she became aware of a link between the injuries and a defective product to file a product liability lawsuit.
- Wrongful Death – 740 ILCS 180/1 – A legal representative of a deceased injury victim has two years from the date of the victim’s date to file a wrongful death lawsuit concerning allegations of negligence and/or product liability.
- Workers’ Compensation – 820 ILCS 305/1 – A person who sustains carbon monoxide exposure injuries while on the job has three years from the date he or she sustained the injuries to file a workers’ compensation claim seeking benefits for lost wages, medical treatment, and medical expenses.
Because some lawsuits involve a combination of various legal claims and theories, more than one statute of limitation may apply to a case.
Frequently Asked Questions
What Happens When More Than One Party is at Fault for Causing Carbon Monoxide Exposure Injuries?
In some lawsuits involving personal injuries, more than one cause can be linked to a person’s alleged injuries. As with multiple potential causes, multiple parties may be equally to blame for one’s ensuing personal injuries. In such cases, all responsible parties may be facing legal action and may be forced to share the responsibility when compensation is awarded to the injured party.
Can an Injured Person File More than One Lawsuit Involving the Same Injuries and Allegations?
While a person who sustains carbon monoxide exposure injuries on the job can seek workers’ compensation benefits in addition to filing a lawsuit (if sufficient grounds exist to do so), a person cannot file two separate lawsuits that involve the same allegations of negligence and/or product liability. Multiple cases filed against different parties that involve the same alleged conduct must be grouped and handled as one larger case. Additionally, once a case is resolved (either through settlement or a winning verdict at trial), the injured party cannot file a lawsuit again in the future against the same party for the same alleged injuries. If a party files multiple lawsuits related to the same event against multiple parties, the court may consolidate the cases into a single lawsuit.
What Are the Different Types of Damages Available in a Lawsuit Involving Carbon Monoxide Exposure Injuries?
Damages available to an injured plaintiff at trial include compensatory damages, which include both economic (medical expenses, lost wages, and other measurable damages), and non-economic (physical and mental pain and suffering) damages, as well as punitive damages, which are awarded in rare cases involving egregious conduct. An example of egregious conduct that may result in an award of punitive damages is when a person intentionally disables a carbon monoxide detector, effectively contributing to the severity of one’s injuries.
What Types of Evidence are Presented at a Trial Involving Carbon Monoxide Exposure Injuries?
All evidence that supports an injured plaintiff’s legal claims will be presented at trial, and such evidence includes, but may not be limited to, the injured person’s medical records that document the injuries at issue, witness testimony from the injured person as well as any lay witnesses who have knowledge of the incidence, and expert witness testimony. Expert testimony often ties everything together to help a jury understand how a victim’s injuries can be directly linked to another party’s conduct. At trial, the defendant(s) will present any evidence they believe refutes an injured person’s allegations. Also, because medical records are typically more helpful for injured plaintiffs than for defendants, expert testimony presented on behalf of the defendant(s) is the strongest form of evidence an injured plaintiff will be up against.
How an Experienced Lawyer Can Help
Choosing the right lawyer for the job is critical to successfully obtaining compensation through a settlement or winning at trial. While many injured individuals can successfully win a case without the help of a lawyer, doing so is risky.
We have personal experience with working a carbon monoxide case. One of our lawyers was personally exposed to carbon monoxide at extreme levels that caused significant physical and mental symptoms from the exposure. Not only can these cases be severe in nature, there’s often very little if any warning that anything is wrong.
If you or your loved one has been hurt, or injured from carbon monoxide exposure please feel free to contact our office 24/7/365 for a free, no hassle consultation about how we may be able to help on your case today at (815) 964-8303.