Types of Carbon Monoxide Poisoning Claims | Dallas Lawyers
Carbon monoxide is known as “the silent killer” because it is a colorless, odorless gas that can cause extreme harm to people who are exposed to the gas for extended periods of time. In carbon monoxide poisoning cases in Dallas, there is usually someone at fault such as a landlord, property owner, or product manufacturer. If you’ve been injured by carbon monoxide poisoning, you should contact a Dallas personal injury attorney to determine whether you have a valid claim and what your options are for pursuing compensation.
The cause of the carbon monoxide exposure and the outcome of the injuries typically determines the way the claim is handled. There are a few different types of carbon monoxide poisoning claims, which we will examine in detail below.Carbon Monoxide Personal Injury Claim
The most common type of claim pursued after a carbon monoxide poisoning accident is a personal injury claim. The goal of personal injury claims is to compensate accident victims for the financial, emotional, and physical setbacks that they endure as a result of someone else’s negligence.
Personal injury claims can follow two different courses that lead to compensation for the victim:
- Out of court settlement
- An out-of-court settlement occurs when both the accident victim and person responsible, their lawyers, and their insurance companies negotiate and come to an agreement before a trial takes place. If the parties cannot come to an agreement that is acceptable to both sides, then the case will usually go to civil court.
- Formal Lawsuit
- A formal lawsuit is needed when the parties involved cannot agree on a reasonable compensation amount. A personal injury lawsuit is a civil suit, which means it is not filed by the state but by individuals or corporations.
A wrongful death claim is necessary when someone dies as the results of someone else’s actions, inactions, intent, or negligence. You can think of a wrongful death claim as a personal injury claim filed on behalf of someone who died as a result of someone else’s negligence. If they would have had a valid personal injury claim had they survived the accident, there is a valid wrongful death claim.
The goal of a wrongful death claim is to compensate the accident victims’ families, loved ones, or financial dependents for the financial and emotional loss after a deadly carbon monoxide poisoning accident. Carbon monoxide poisoning lawyers in Dallas can help you get the compensation you deserve if you’ve lost a loved one to carbon monoxide poisoning.Premises Liability vs. Product Liability
The two most common causes of action in carbon monoxide poisoning cases in Dallas are premises liability and product liability. Both causes of action center around determining the cause of the carbon monoxide poisoning’s origin and who is at fault for the carbon monoxide exposure.
- Premises liability deals with property owners and their obligation to make their property safe for visitors and their duty to warn guests of any non-obvious dangers. Failure to do either of the above could result in being held legally liable for an accident.
- Product liability is focused on the functioning of manufactured products and anything to do with the products that can result in injuries and accidents. Things like insufficient warnings, defects, and design flaws can all contribute to injuries and therefore fall under product liability. In carbon monoxide poisoning cases, things like furnaces, heaters, grills, and anything with a combustible engine are often the subjects of product liability claims because of their ability to emit carbon monoxide.
After a carbon monoxide poisoning accident, you should contact a Dallas personal injury attorney right away. Carbon monoxide poisoning lawyers in Dallas can help you get the money you deserve.
If you need a seasoned attorney on your side, contact the team at Carabin Shaw for a free, no-obligation consultation at 1-800-862-1260.