Case Study – Carbon Monoxide Poisoning Lawsuit
In this case study, we look at how the team at Haggerty Silverman & Justice helped our client obtain a fair settlement in a carbon monoxide poisoning lawsuit. This case involves the faulty repair of a heating system that led to carbon monoxide poisoning and the wrongful death of a loved one.
This story is a real case handled by the attorneys at Haggerty Silverman & Justice. The names and exact details of the situation have been changed to protect the identities of the parties involved. Past results do not guarantee future outcomes. Legal disclaimer.
Case Type: Wrongful Death and Liability Injury
Location: Pennsylvania
Date of Incident: 2022
Injuries: Death of Spouse and Extreme Carbon Monoxide Poisoning
Initial Offer From Insurance: $100,000
Final Settlement: $1,600,000
Date of Final Settlement: 2025
Attorney: Randall M. Justice
Jim and Rosie had lived in their Lebanon home for more than 40 years. Both were retired but active and enjoyed spending time with friends and family. Jim had just finished cancer treatments and was given a clean bill of health from his doctor. The family was so excited to celebrate this great news!
Problems With Heating System
Every Fall, Jim called the same company to perform maintenance service on the coal boiler. Jim used the same company every year for more than 20 years. The company came out and handled the service. But, after the technician left, the house wasn’t heating properly. Jim called the company back to figure out the problem.
Over the next several weeks, multiple technicians from the same company came out to diagnose and try to fix the heating system. A technician spent the day testing electrical components. He told Jim he found an issue and fixed it. Everything should be working fine.
Faulty Repairs
When the technician left that evening, Jim went down to the basement to make sure the boiler was working properly. He sat in a chair to watch the boiler cycle on and off.
After an hour, Rosie called down the stairs but Jim did not respond. She went downstairs to find Jim slumped in the chair in front of the boiler. Rosie called 911. After that, Rosie passed out. She woke up in the hospital.
Carbon Monoxide Poisoning
Jim died of carbon monoxide poisoning and Rosie suffered symptoms of extreme carbon monoxide exposure. She spent several days in the hospital. When she was released, she still had ongoing long-term health problems from her exposure to carbon monoxide.
Additionally, the house was uninhabitable due to the CO contamination. Rosie had just lost her loving husband and was now homeless. She moved in with her daughter. Rosie’s daughter called Haggerty Silverman & Justice for help.
Wrongful Death and Injury Lawsuit
Randall met with Rosie and her daughter to discuss what happened. While Rosie didn’t have all the details, something had changed that day to cause a carbon monoxide leak in the house. To Randall, it was obvious there was a problem with the service to the coal boiler.
It is important to note, the faulty repair alone was not enough for a lawsuit against the service company. The faulty repair AND the fact that one person died and another suffered carbon monoxide poisoning is the basis for this case.
We went to work gathering the evidence, researching, and building Rosie’s case. Our team had to prove faulty repairs on the boiler killed Jim and poisoned Rosie.
Service Company Pushes Back
The service company denied there was a problem with their work on the boiler. They claimed Jim was responsible for the CO leak that killed him. The company also claimed Jim was in poor health due to his cancer. But, the evidence showed the carbon monoxide leaks originated from faulty repairs to the boiler system. Jim died as a result of carbon monoxide poisoning. The company would not admit fault, so we had to elevate this case to the next step.
Meeting With Mediation
Rosie and the service company both agreed to present the case before a mediator. Both sides presented their case. But representatives for the company provided evidence and testimony that showed the service was faulty. After both sides presented their case, the service company contacted Randall to negotiate a settlement. Through negotiation, Randall secured $1,600,000 in compensation for Rosie.
Carbon Monoxide Poisoning Attorney
Randall and the team at Haggerty Silverman & Justice worked hard to secure a favorable settlement in this carbon monoxide poisoning and wrongful death case. If you or a loved one have been harmed by CO poisoning due to faulty repairs, talk to an attorney for help.
Haggerty Silverman & Justice
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