If you've suffered an injury or illness as a result of smoke inhalation caused by somebody else's negligence, you could be eligible to make a smoke inhalation compensation claim.
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Smoke Inhalation Claims
Smoke inhalation can cause severe and sometimes life-threatening injuries. If you or a loved one inhaled toxic fumes because of someone else’s negligence, you may be eligible to make a smoke inhalation claim for injury compensation.
There can be various causes of smoke inhalation, from workplace accidents to house fires and medical procedures involving surgical smoke. This can cause mild to severe respiratory injuries, chemical poisoning, carbon monoxide poisoning and lung damage.
If you are considering making a claim for smoke inhalation, we are here to help. Our legal team will be happy to offer you a free consultation to discuss your chance of making a successful compensation claim and a no win no fee service if you are eligible to proceed.
Simply call 0800 470 0472 today or request a call back, and a friendly legal adviser will guide you through the claims process and answer all your questions.
Table of Contents
Am I eligible to make a smoke inhalation claim?
A specialist personal injury solicitor can let you know within minutes if they are able to help you claim smoke inhalation compensation. They will offer you a free case assessment over the phone to verify whether:
- Another party owed you a legal duty of care.
- They breached this duty and caused you to be exposed to smoke inhalation.
- You suffered an injury or illness because of this.
- You are within the legal time limit to start a claim (which is generally three years, although there are some exceptions).
If these can be established, you can typically proceed with a smoke inhalation injury compensation claim.
How do I make a smoke inhalation injury claim?
Making a personal injury claim, including for damages caused by smoke inhalation, usually involves these steps:
- Contact a specialist solicitor for free legal advice and to determine if you have a valid case.
- Gather evidence to support your claim, including medical records and expert reports.
- Determine how much compensation you are entitled to receive.
- Send a letter of claim to the defendant outlining your case and the compensation sought.
- Negotiate a settlement if they admit liability.
- Argue your claim in court if you cannot settle (this is quite rare, as less than 4% of all cases go to court).
- Receive your compensation payment if your claim is successful.
Why is smoke inhalation dangerous?
Smoke inhalation is dangerous because it can cause severe damage to the lungs and airways. As a matter of fact, smoke inhalation, and not burns, is the leading cause of deaths from fires.
Smoke contains a toxic mixture of fumes, gases and microscopic hot particles produced by the materials that are burning. These include cyanide, carbon monoxide and other irritants and carcinogenic chemicals, which can:
- Irritate and damage the respiratory tract.
- Cause inflammation and swelling.
- Reduce oxygen levels in the blood.
- Worsen pre-existing conditions.
- Be fatal, in the most severe cases.
What types of injuries can you suffer if you inhale smoke?
Breathing in smoke can result in various injuries, from minor to life-threatening. These include:
- Carbon monoxide poisoning. Carbon monoxide causes reduced oxygen levels and symptoms such as dizziness, headaches and even unconsciousness.
- Chemical poisoning. Toxic chemicals in smoke, such as cyanide, can cause severe poisoning and damage to internal organs.
- Thermal injuries. Inhaling hot smoke can cause tissue damage to the airways and lungs.
- Brain damage. Reduced oxygen to the brain can cause a permanent brain injury.
- Pulmonary oedema. The irritation and inflammation from smoke inhalation can lead to the build-up of fluid in the lungs.
- Cancer. Exposure to carcinogenic particles in smoke, such as dioxins or asbestos, can increase the risk of developing certain cancers.
- Acute Respiratory Distress Syndrome (ARDS). Severe inflammation of the lungs can lead to life-threatening respiratory failure.
- Lung damage. Prolonged exposure to smoke can have long-term effects and lead to lung scarring or chronic obstructive pulmonary disease (COPD).
What are the common symptoms of smoke inhalation?
The symptoms and effects of smoke inhalation depend on the amount of smoke inhaled and its chemical composition, and could include:
- Shortness of breath and breathing difficulties.
- Coughing or wheezing.
- Chest pain or tightness.
- Nausea, vomiting and diarrhoea.
- Headache, dizziness or confusion.
- Changes in skin colour (bright red, pale or bluish).
- Red, irritated eyes and a sore throat.
- Seizures.
It is essential to seek medical care as soon as possible after smoke exposure to minimise long-term damage. Your doctor will perform tests such as a chest X-ray, an EKG and blood tests and will treat you accordingly.
Common types of smoke inhalation compensation claims
A smoke inhalation compensation claim can arise from various situations, including:
- Exposure to smoke at work due to fires, defective machinery or poor ventilation.
- Smoke inhalation as a firefighter because of inadequate training or personal protective equipment (PPE).
- Road traffic accidents where the car catches on fire.
- Inhaling smoke from fires in homes or public places because of poor maintenance or a lack of fire alarms or carbon monoxide detectors.
- Exposure during public events due to a lack of safety measures.
- Fires in hotels, on cruises, and other types of holiday accidents.
- Faulty or defective products that release smoke or catch fire.
- Exposure to surgical smoke in medical settings.
- Smoke inhalation as a result of criminal acts such as arson.
What should employers do to prevent the inhalation of toxic fumes?
Employers owe employees a legal duty of care under the Health and Safety at Work Act 1974. To prevent fires and toxic fume inhalation, they should:
- Conduct regular risk assessments to identify hazards.
- Provide proper ventilation and exhaust systems.
- Supply adequate PPE and ensure employees know how to use it correctly.
- Train staff on fire safety and emergency evacuation.
- Implement strict safety protocols to prevent fires and other incidents that could lead to smoke inhalation.
- Regularly inspect and maintain equipment.
- Train employees on how to do their jobs correctly and promptly report hazards.
If you suffer a physical injury or illness due to your employer’s negligence, you may be eligible to make an accident at work compensation claim.
Can I make a claim for surgical smoke inhalation?
Surgical smoke is released when using surgical instruments that use lasers or other technology to cut, vaporise or cauterise tissue. This smoke can contain various harmful substances, such as benzene, viruses, bacteria, carbon monoxide and formaldehyde.
The dangers of inhaling surgical smoke have long been known and can affect doctors, surgical staff and patients. It can cause symptoms ranging from irritation, nausea and headaches to infectious diseases, chronic pulmonary conditions and even cancer.
To mitigate these risks, hospitals must:
- Use smoke evacuation systems.
- Ensure adequate ventilation in surgical theatres.
- Provide adequate PPE, such as high-filtration masks and eye protection.
- Educate and train staff about the dangers of surgical smoke inhalation.
If your employer has failed to protect your health and safety and you suffered harm as a result, you may be eligible to make a surgical smoke inhalation claim.
Can I claim compensation for a fatal injury caused by smoke inhalation?
Unfortunately, smoke inhalation injuries can sometimes be fatal. If you lost a loved one due to smoke exposure caused by someone else’s negligence, a solicitor with expertise in fatal accident claims can help you make a claim for compensation.
Compensation for a wrongful death can cover:
- The loss of financial support received from your loved one.
- Loss of services such as childcare.
- Funeral expenses that are deemed reasonable.
- The pain, suffering and financial losses of your loved one before passing away.
- A bereavement award, currently £15,120 in England and Wales.
Can I make a smoke injury compensation claim on behalf of a loved one?
You could claim compensation for a loved one as a litigation friend if they are:
- A child under the age of 18.
- An adult who does not possess the mental capacity to handle their own case, either because of the smoke inhalation or a pre-existing condition such as Alzheimer’s disease.
A solicitor can help you apply to be named as your loved one’s litigation friend and guide you through the legal process. You can read more about this here: What is a litigation friend?
Evidence needed to support a smoke inhalation claim
A claim for injuries caused by smoke inhalation must be supported by relevant evidence, such as:
- Medical records detailing the severity of your injuries, your treatment and any long-term effects.
- Photos or videos of the scene and any visible injuries, such as burns and irritation.
- Witness statements from anyone who saw the incident or was aware of the unsafe conditions that led to the smoke exposure.
- A copy of an accident report filed with an employer, business owner or landlord responsible for the incident.
- CCTV footage of the incident, if available.
- Your testimony about how the events occurred, your symptoms and how your life was affected.
- Reports from the police or fire department.
- Proof of related financial losses and expenses, such as receipts and invoices.
Is there a time limit to start a smoke inhalation compensation claim?
Yes, there is a general 3-year time limit for starting a smoke inhalation claim under the Limitation Act 1980. There are a few exceptions, such as:
- There is no time limit to make a child injury claim while the child is under 18. Once they turn 18, they have until 21 to claim compensation themselves.
- There is generally no time limit for a litigation friend to make a claim on behalf of a loved one who lacks the mental capacity to deal with their own claim.
- For fatal accidents, the three-year time limit begins from the date of death.
- You generally have two years to claim compensation from the CICA for injuries caused by a criminal act, such as arson.
How much compensation could I get for smoke inhalation injuries?
Your solicitor will carefully calculate your compensation payout based on two types of damages:
- General damages cover the pain, suffering and loss of amenity caused by the inhalation of smoke.
- Special damages cover related financial losses, such as the cost of private treatments and lost wages during recovery.
According to our personal injury compensation calculator, which is based on the current Judicial College Guidelines (18th Edition), you could receive:
| Injury Type | Description | Compensation |
|---|---|---|
| Chest Injuries | Toxic fume or smoke inhalation injury with residual damage but no permanent effect on lung function | £7,000 - £17,000 |
| Chest injury causing some permanent tissue damage but no major long-term lung problem | £17,000 - £24,000 | |
| Chest and lung damage causing some continuing disability | £41,000 - £72,000 | |
| Asthma | Mild asthma, bronchitis or other chest problems resolving within a few months | Up to £6,800 |
| Permanent mild asthma-like symptoms | £14,000 - £25,000 | |
| Chronic asthma causing breathing difficulty and inhaler use | £35,000 - £57,000 |
Can I make a claim on a No Win No Fee basis?
If your case has merit, the solicitors we partner with will help you make a no win no fee compensation claim. This means that:
- There are no upfront legal costs.
- There is nothing to pay if your claim is unsuccessful.
- If you win, your solicitor receives a success fee deducted from your compensation award (capped at 25% of certain elements of your damages).
Start the claims process today!
If you have suffered an injury or illness due to smoke inhalation caused by someone else’s negligence, do not hesitate to seek legal advice. We offer a free case assessment and, if you can proceed, we will pair you with a dedicated solicitor, who will:
- Offer you a no win no fee service.
- Gather evidence to support your claim.
- Handle all communication on your behalf.
- Negotiate the maximum compensation for your injuries.
To find out if you have a valid claim and how much compensation you might be entitled to receive, call 0800 470 0472 today for a free consultation or request a call back.
