Smoke Inhalation Injury Claims – How Much Compensation Could I Claim?

Smoke inhalation can lead to temporary or long-term breathing problems. In some cases, the damage caused by smoke inhalation can be life-threatening or even fatal. Importantly, if you’ve suffered or are still suffering because you’ve inhaled smoke due to somebody else’s negligence, you might be eligible to make a smoke inhalation injury claim for compensation.

We’re able to help if you’re considering claiming compensation for smoke inhalation. We provide free legal advice on claiming as part of a no-obligation consultation. As part of this, we’re happy to answer any questions we can about the claims process. Furthermore, we could appoint one of our personal injury solicitors if your case is strong enough who’ll act on a No Win No Fee basis if the claim goes ahead. You’ll be happy to know that, as a result, there won’t be any upfront legal fees to pay.

For more on smoke inhalation compensation claims, please carry on reading. Alternatively, you can speak to a member of our team on 0800 6524 881 right away.

Am I Eligible To Make A Smoke Inhalation Injury Claim?

You may be eligible to make a smoke inhalation injury claim if:

• The defendant (the party you’re claiming against) owed you a legal duty of care.
• Their negligence caused smoke or fumes to be emitted from a fire or similar incident.
• You suffered a smoke inhalation injury or illness as a result.

A duty of care is a legal term that your solicitor will be fully familiar with. They’ll check this for you as part of your consultation but usually, it’s not too difficult to establish. You can improve your chances of winning your claim by providing evidence to prove why you were made ill. Therefore, we’ll review the types of evidence that might be helpful a little later on in this guide.

Common Causes Of Smoke Inhalation Injury Claims

Various scenarios could result in somebody breathing in smoke through no fault of their own. Therefore, we’ve provided some examples of the types of incidents that could lead to smoke inhalation injury claims:

• If you inhale smoke in an enclosed space at work because your employer failed to maintain the ventilation system.
• Where you breathe in smoke from a fire during a road traffic accident caused by somebody else.
• If you inhale smoke from a fire in a block of flats because your landlord failed to maintain the fire alarm system.
• Delayed escape from a fire due to blocked fire exits.
• Exposure to smoke during a public event where organisers failed to follow fire safety regulations.
• Inhaling smoke caused by a faulty appliance or electrical system that a manufacturer or installer negligently maintained.

These are just a sample of the types of scenarios that could result in smoke inhalation claims. If you believe you should be compensated following an accident that wasn’t your fault, please call.

Common Types Of Smoke Inhalation Injuries

Smoke inhalation can cause a range of injuries, depending on the severity of exposure and the substances in the smoke. Some common types of smoke inhalation injuries include:

• Respiratory injuries. Inflammation or swelling of the airways caused by inhaling toxic fumes, leading to difficulty breathing or respiratory distress.
• Carbon monoxide poisoning. Exposure to carbon monoxide in smoke can reduce oxygen levels in the bloodstream, causing dizziness, confusion, or unconsciousness.
• Chemical poisoning. Inhalation of toxic substances like cyanide from burning materials can lead to severe poisoning and organ damage.
• Thermal injuries. Burns to the airways or lungs caused by inhaling hot air, steam, or smoke during a fire.
• Hypoxia. Reduced oxygen supply to tissues and organs due to inhaling smoke, which can cause long-term damage if untreated.
• Lung damage. Long-term effects like chronic obstructive pulmonary disease (COPD) or scarring from prolonged smoke exposure.
• Eye and throat irritation. Smoke can irritate mucous membranes, causing redness, swelling, and discomfort in the eyes, nose, and throat.

If you’ve suffered any of these injuries due to smoke inhalation, please call our claims advisors today for free advice.

Fatal Injury Claims

Unfortunately, smoke inhalation can sometimes lead to fatal injuries. While no amount of compensation can ease the pain of losing a loved one, making a claim could help provide financial stability during a difficult time. For example, you might be able to claim for funeral expenses or for the loss of financial support if you were dependent on the deceased’s income.

How Much Compensation For Smoke Inhalation Injury Could I Claim?

If your smoke inhalation compensation claim is successful, the amount you’ll receive will depend on the extent of your suffering so far and the potential long-term impact on your life. To determine this, our personal injury solicitors will usually arrange an independent medical assessment as part of your claim. Your solicitor will then use this report as the basis of your claim.

In addition to damages for physical injuries, you might also be compensated for other effects of smoke inhalation, such as:

• Loss of earnings (both current and future).
• Medical treatment costs, including private care or specialist treatment.
• Loss of enjoyment in hobbies or activities, such as sports, affected by lung damage.
• The cost of care or assistance you’ve needed.
• Psychological suffering, such as distress, flashbacks, or fear for your life.
• Home adaptations, if your smoke inhalation symptoms result in long-term disabilities.
• Travel expenses related to medical treatment.

If you choose to work with one of our experienced solicitors, they’ll guide you through the claims process and ensure all aspects of your suffering are considered. Their goal will always be to secure the maximum settlement you’re entitled to.

Evidence To Support A Smoke Inhalation Compensation Claim

Compensation claims for smoke inhalation injuries are usually handled by an insurer on behalf of the defendant. However, they are unlikely to admit liability without clear evidence of their client’s wrongdoing. To strengthen your case, your solicitor will aim to gather relevant evidence, which may include:

• Accident report/s. For example, an accident report from your employer, landlord, fire service, or the responsible business where the incident occurred.
• Photographic evidence. Images showing the source of the smoke or any related property damage.
• Witness statements. Testimonies from anyone present when you inhaled the smoke. Independent witnesses can be particularly valuable, so try to collect their contact details.
• Medical records. Evidence from your doctor or A&E detailing the injuries and treatment you received.
• Video footage. CCTV or other recordings of the fire or incident that caused the smoke.
• Financial records. Proof of any expenses you incurred because of your injuries, such as medical bills or travel costs.

The stronger the evidence, the more likely your smoke inhalation injury claim is to succeed. If your claim is accepted, your solicitor will assist in locating any additional information needed to support your case where possible.

Time Limits For Claiming Smoke Inhalation Compensation

As you might already be aware, personal injury claims usually have a 3-year time limit. Where you’ve suffered smoke inhalation injuries, the time limit will often begin on the date of the accident, though a later starting point may apply in some situations.

However, exceptions to the 3-year limitation period can apply to:

• Claimants under the age of 18. The time limit begins on the date of the child’s 18^th birthday meaning parents or responsible adults can claim compensation for the child at any time before this date.
• Adults without the mental capacity to claim. If an elderly or vulnerable person has suffered from smoke inhalation but lacks the mental capacity to deal with the legal process of claiming, the time limit does not apply. This will need to be clarified, in conjunction with the Mental Capacity Act 2005, by your solicitor.

Whatever time limit applies to your smoke inhalation claim, we’d suggest it’s best to seek help as soon as you can. This will mean that compensation will typically be awarded sooner (if there’s a successful outcome to the claim) so that you can get back on your feet as soon as possible.

Do I Need A Solicitor To File A Smoke Inhalation Injury Claim?

You are not legally required to employ a solicitor to file a claim for smoke inhalation injuries, but it may significantly improve your chances of success. Proving what caused the incident and who is at fault is vital in these types of claims. When you file a claim, the defendant is likely to pass it directly to their insurer who will be focused on protecting their profits. This often means they’ll try to minimise any payout. Without solid evidence and a clear argument, you could struggle to secure a fair settlement.

For this reason, having a personal injury solicitor on your side can make a big difference. If your claim is accepted, one of our experienced No Win No Fee solicitors will be assigned to your case. They will take the time to understand how the smoke inhalation injury has affected your health and life. From there, they’ll help gather and organise the evidence needed to support your claim.

Also, your solicitor will handle all communication with the defendant and their insurer, ensuring you won’t have to deal with complex legal or medical queries. They’ll also respond to any objections raised by the insurer and try to provide additional evidence where necessary. Their ultimate goal is to secure the maximum compensation you’re entitled to, allowing you to focus on recovery without added stress.

Starting The Smoke Inhalation Injury Claims Process

If you believe you’ve suffered because of smoke inhalation caused by somebody else’s negligence, please call 0800 6524 881. Alternatively, you could connect with a claims advisor via our live chat or arrange a call back at a suitable time by completing one of our simple forms.

During a free consultation, one of our advisors will listen to your account, assess the likelihood of a successful claim, and provide free legal advice on the next steps. If a smoke inhalation injury claim is viable, we could connect you with one of our personal injury solicitors who will manage the entire process on a No Win No Fee basis.