Poisoning Injury Compensation Claims

There are a number of different types of poisoning that could occur, due to somebody else’s negligence, and could lead to a compensation claim, including:

• Food poisoning – the ingestion of contaminated food or water can cause intense gastrointestinal symptoms such as stomach cramps, vomiting, and diarrhoea, as well as a fever. Symptoms typically last up to a week and most people will make a full recovery. However, sometimes food poisoning can be very serious, requiring hospitalisation, and potentially leading to long-term complications like Crohn’s disease or irritable bowel syndrome, and in rare cases it can be fatal.
• Carbon monoxide poisoning – carbon monoxide is a poisonous gas with no taste or smell, emitted most commonly from faulty boilers and water heaters. When carbon monoxide is inhaled it mixes with the haemoglobin in the blood, forming carboxyhaemoglobin and preventing the blood from carrying oxygen, thus starving the body’s cells of oxygen. Symptoms include a tension headache, dizziness, nausea, vomiting, breathing difficulties, confusion, and fatigue, and when inhaled in large quantities, carbon monoxide poisoning can lead to death.
• Metal poisoning – the human body needs small amounts of some metals in order to function optimally, including iron, magnesium, potassium, and calcium. However, ingesting too much of these can be toxic, as can the ingestion of heavy metals like mercury, lead, arsenic, and cadmium, leading to digestive symptoms, heart conditions, and dysfunction of the central nervous system. Heavy metal poisoning could occur due to industrial exposure, ingestion via food, water, or medicine, or inhaling polluted air or lead-based paint fumes, for example.
• Household chemical poisoning – the chemicals used in cleaning products can be extremely toxic, and can cause poisoning by absorption through the skin, accidental ingestion, and can cause a toxic reaction when mixed together, giving off poisonous fumes. The manufacturer could be liable if adequate safety advice was not provided with the product, or a child-safe cap was not fitted to the container, thus enabling poisoning to occur.
• Pesticide poisoning – the chemicals used in pesticides, insecticides, and chemical fertilisers are very powerful and can cause injury when used incorrectly. Poisoning can occur if personal protective equipment (PPE) is absent or inadequate, or produce is not washed properly before being consumed.
• Industrial chemical poisoning – if you work with chemicals such as arsenic, mercury, diesel, organophosphates, polychlorinated biphenyls, or solvents these all have the potential to cause poisoning injuries if handled incorrectly, or if appropriate PPE or adequate training are not provided by your employers
• Chlorine poisoning – chlorine is used to treat the water in swimming pools and keep it sanitary. However, it can be toxic in high doses and can sometimes react with the hydrogen in the water to form hydrochloric acid or hypochlorous acid, both of which are incredibly toxic and can cause breathing difficulties and skin rashes.
• Cosmetic treatment poisoning – cosmetic treatment such as fillers and anti-wrinkle treatments are increasingly popular, however they can potentially cause poisoning if administered incorrectly or the practitioner uses substandard products.
• Drug poisoning – the majority of pharmaceutical drugs have the potential to be toxic when administered in the wrong dose to patients. Some medications cannot be taken together, and some patients are allergic to the ingredients used in some medicines.
• Blood poisoning – more commonly known as sepsis, blood poisoning is usually caused by an infection, and if the signs are missed or misdiagnosed it can result in long-term health problems or even death. Symptoms include fever, weakness, loss of appetite, increased thirst, reduced urination, rapid or difficult breathing, rapid heart rate, and low blood pressure.

This list is not exhaustive, and if you have been poisoned after ingesting, inhaling, or absorbing a substance due to somebody else’s negligence, you may have a valid case for claiming compensation. Our team of personal injury solicitors are on hand to answer any questions you may have, so please don’t wait to get in touch with us.

In order to make a claim for poisoning, we need to be able to prove on the balance of probabilities that the organisation or person responsible for your poisoning owed you a duty of care, that they breached that duty, and that the breach led to your harm.

When it comes to obtaining the necessary proof, it generally depends on what type of poisoning has occurred. For example, if you have suffered from food poisoning which you suspect was caused by a restaurant, takeaway, or other food retailer, it’s advisable to act as quickly as possible in seeing your GP so that they can take a stool sample to confirm if it is food poisoning.

It is always advisable to keep a copy of any medical notes, as well as photographs of the incident, receipts for any purchases involved, and as much evidence as you can gather in order to support your case. Our personal injury solicitors are experienced in handling cases for poisoning injuries so we are well-versed in the type of supporting evidence necessary for your claim, so please get in touch with any queries and we will be more than happy to help.

When it comes to making a personal injury compensation claim after a poisoning injury, it can be a daunting process, and you may have a lot of questions or concerns. Here are some frequently asked questions that may help:

• How long do I have to claim? In order to make a claim for compensation after a poisoning you must begin proceedings within three years of the incident. However, in certain exceptional circumstances the time limit may be extended, so please speak to us if it has been over three years since your injury and we can advise. If the injured party was a child, you may be able to make a claim on their behalf as a litigation friend; again, we can offer the advice and support you need to get the claim started.
• How much compensation will I receive? It is difficult to give an exact figure as each case is different. Part of your compensation will include general damages for the pain and suffering endured, as well as any loss of amenity. The remaining part of your award will be for special damages which cover any out-of-pocket expenses such as medical treatment, therapies, travel expenses, ongoing care, home or vehicle adaptations, and loss of earnings.
• Who will pay my compensation? If the poisoning occurred at work, your employer’s insurance company will usually settle the claim. If the poisoning was not work-related, the compensation is usually paid by the insurer of the liable party.
• Will I have to go to court? It is always our aim to liaise with the opposition and reach a settlement out of court. However, if your case does have to go to court, rest assured that we will be there to guide you every step of the way.

If there’s anything else you’d like to know about making a compensation claim after a poisoning injury, please get in touch and we’ll be happy to help.