Seeking Justice - Why You Need a New Mexico Carbon Monoxide Poisoning Attorney
According to the Centers for Disease Control (CDC), carbon monoxide is the leading cause of environmental poisoning in the United States. Fuel-burning appliances emit this odorless, invisible gas when they’re incorrectly installed, poorly maintained, or defective. With enough exposure, the gas replaces oxygen in the bloodstream, potentially causing serious injuries.
The trusted New Mexico attorneys at Carabin Shaw can help if you’ve suffered from poisoning due to negligence. In fact, a recent Martindale-Avvo study shows that legal representation increases compensation by more than 440 percent in personal injury cases. A lawyer gains these results through knowledge of carbon monoxide laws, requirements for personal injury claims, and all possible poisoning damages.Understanding Laws on New Mexico Carbon Monoxide Poisoning
The state of New Mexico enforces the 2015 International Fire Code (IFC), which includes safety regulations for carbon monoxide detection systems. This code applies to new or already existing buildings including the following:
- Apartment buildings
- Residential homes
- Healthcare facilities
However, the National Fire Protection Association (NFPA) notes that there are fewer regulations nation-wide for assembly occupancies like churches and leisure centers.
In addition to the state-adopted IFC, local amendments might include stricter protocols in certain cities and regions. Lease contracts often also contain legally binding language indicating the property owner’s responsibility to ensure proper installation and maintenance of appliances. Carbon monoxide poisoning lawyers in New Mexico know how to prove when property owners deny tenants the hazard-free homes they deserve.Determining Legal Claims and Damages for Carbon Monoxide Poisoning Many carbon monoxide poisoning lawsuits are based on proof of negligence. To show that another party’s negligence makes them liable for your injuries, your lawyers must establish the following:
- Duty of care
- Breach of duty
- Cause of injuries
- Damages, or losses that a victim suffers due to the incident
For example, New Mexico tenants have the right to spaces that are fit to live in. As such, an attorney might argue that a landlord’s failure to investigate a malfunctioning stove after multiple tenant requests is a breach of duty.
With the proper evidence, a legal team can show that a tenant would have avoided poisoning injury if the landlord had hired a professional to maintain or replace the appliance. After establishing that the defendant caused the injuries, lawyers can then enumerate the damages that their client suffered.Gathering Convincing Evidence for Your Case
In addition to making the appropriate legal claim, another reason why you need a New Mexico carbon monoxide poisoning attorney is to collect the best evidence to support your claim. Relevant pieces of evidence for a carbon monoxide lawsuit might include the following:
- Medical records indicating diagnosis of carbon monoxide poisoning
- Maintenance requests
- Lease agreement
- Medical bills
- Insurance documents
- Witness or plaintiff testimony about symptoms
- Expert witnesses
However, every case is different, so the first step is to seek legal advice about the most favorable actions to take for your specific circumstances. By calling the toll-free number 800-862-1260, you can set up a free initial consultation and case review at Carabin Shaw. Our team is ready to assist you 24/7 in English or Spanish.Representing Your Best Interests Always
Carabin Shaw’s client reviews make our team’s dedication to truly understanding our clients clear. As Carabin Shaw staff reviews your case and formulates recommendations, you might discuss the following:
- Alternatives to litigation, including workers’ compensation or other insurance settlements
- Estimated timelines for all possible courses of action
- Projected legal costs
- How to ensure the best possible outcomes
- What you need or value most in your pursuit of justice
You deserve to receive fair compensation for your carbon monoxide injuries as quickly and affordably as possible—and your lawyers know all the damages that you can seek to recover, including medical bills, lost wages, long-term disability, suffering, and more. Above all, your legal team helps you make decisions that meet your unique needs.