Alarm sounding or feeling unwell? Leave the building now and call 911. Free & confidential · 1-888-414-8680
Carbon Monoxide Kills Free case reviewCase review →

Guide · Wrongful death

When carbon monoxide takes someone you love.

Nothing makes this loss easier. But families deserve to know what happened, and who should answer for it. We will take this at your pace.

The short answer

In brief

If a death was caused by carbon monoxide from equipment, a building or a product that someone else was responsible for, the family or the estate may be able to bring a wrongful death claim. Who can bring it, and how long you have, depend on the state. Keep records safe and get advice early.

What a wrongful death claim is

A wrongful death claim asks a court to hold responsible those whose negligence or defective products caused a death. Depending on the state, it can recover funeral and medical costs, lost financial support and the loss of companionship and guidance. Many families tell us the most important thing is simply finding out what went wrong, so it cannot happen to anyone else.

Who can bring a claim

This is set by state law. Usually it is the personal representative of the estate, or close family members such as a spouse, children or parents. Some states also allow a separate “survival” claim for the person’s own losses before they died.

How carbon monoxide deaths are investigated

A medical examiner or coroner will often record the cause of death and may measure carboxyhemoglobin in the blood. The fire department, gas utility or police may take readings and inspect equipment. These reports are central, and they can take weeks to arrive.

Carbon monoxide deaths are sometimes first recorded as heart failure or natural causes. A second look can change everything.

What to keep

  • The death certificate and any autopsy or toxicology report.
  • Fire, police and utility reports, with any carbon monoxide readings.
  • The equipment and the home as they were, where possible. Ask that nothing is removed or repaired.
  • Leases, booking records, service records and receipts.
  • Medical records for anyone else in the home who was affected.

Questions

The death was recorded as natural causes. Can it be reviewed?

Yes, it can be questioned. If carbon monoxide is suspected, tell us what you know. There may be records or readings that were not considered.

How long do we have?

Time limits for wrongful death differ by state and can be short. We can help you find out quickly.

Others in the home were also affected.

They may have their own claims. Make sure each person is seen by a doctor and keeps their own records.

You don’t have to find the answers alone.