By Max Morris. Last Updated 30th May 2022. If you’ve been hospitalised by food poisoning due to the negligence of a third party, you could potentially claim compensation. This guide provides an example case study for a £14,000 compensation payout on your food poisoning hospitalisation claim. Also, this guide handles care claims, general damages and special damages, compensation calculators and No Win No Fee agreements.
You can speak to our friendly team today about your food poisoning compensation claim. To speak with our advisors, call 0800 408 7825, use our Live Chat tool or complete our contact form. Remember that our team is available 24 hours a day and 7 days a week.
Otherwise, though, you can select any section by clicking the headings below.
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- A Guide To Calculating Food Poisoning Claim Payouts
- What Is Food Poisoning?
- Food Poisoning Financial Issues
- How Can Food Poisoning Happen?
- Additional Care Claim
- Compensation Estimates For Food Poisoning
- Case Study: £14,000 For Food Poisoning
- Food Poisoning Compensation Payouts in 2022
- No Win No Fee
- Find High-Quality Personal Injury Solicitors For Your Claim
- Chat With Us
- Extra Reading
We aim to cover important aspects you may need to know about food poisoning claim payouts in this guide, along with:
- How food poisoning occurs
- The potential financial impact
- Care claims
- General damages and special damages
- A case study of a £14,000 compensation payout
- Compensation calculators
- No Win No Fee
Bear in mind that there is a personal injury claims time limit in place. This means that you would have 3 years to claim from when you first became aware of your illness or from the date of knowledge. For a child (anyone aged under 18) or someone who lacks the mental capacity to claim, a close relative or another appointed representative could be their litigation friend. They could process a claim on their behalf, but if this is not done, when the child turns 18 or if the victim becomes capable of representing themselves, their 3-year window would then begin.
To ask any questions about the topics in this guide, you can chat with our specialist team anytime.
Food poisoning is an illness that occurs due to consuming food that is inappropriately prepared or produced. Typical symptoms of food poisoning are nausea, diarrhoea, vomiting, stomach cramps, a high temperature, aches or chills. The symptoms usually develop within a few days, though this could vary. In most cases, food poisoning might only last a few days and pass without major incident. But in serious cases, the victim could be hospitalised for several weeks while they recuperate. And if you prove that your severe food poisoning occurred due to the negligence of a third party, it could lead to you receiving compensation.
Now, to claim negligence, you must meet the following criteria:
- A third party owed you a duty of care
- In which was negligently breached
- And you suffered food poisoning.
There are several pieces of legislation and key Acts that protect consumers from food that is not suitable such as The Food Safety Act 1990 and The General Food Regulations 2004. If those who provide food for sale or consumption do not adhere to legislation that is applicable they open themselves up for liability in the event that an individual becomes ill due to their negligence.
Financial issues may arise due to you suffering food poisoning. This could be more significant if hospitalisation occurs due to the illness. Being off work especially without any kind of sick pay can hugely affect our financial position. You may also require a nurse or carer at home if you are unable to look after your personal or medical care. A professional cleaner, gardener having meals prepared may all be required but cost you a lot in the long run. If you want further guidance about the financial impact of food poisoning, please call our friendly team today.
Food poisoning can occur if ingredients and foods are not stored, prepared or cooked correctly. It can also occur through cross-contamination. Bacteria, parasites and germs can also cause food poisoning if our food becomes contaminated.
A study by the Food Standards Agency (FSA) earlier this year estimated 2.4 million cases of foodborne illness every year in the UK. And food poisoning is a primary example of a foodborne illness. Talk to us anytime about how your illness occurred, and we can assess whether you have a valid claim for compensation.
If you need care while you are recuperating the costs may be claimed back if you have a successful case as part of special damages. This focuses primarily on the care that you are receiving as a direct result of your illness. And this, in turn, may impact the final figure that may be your food poisoning compensation amount. A care claim could include the likes of:
- Additional care from relatives and friends
- Professional nursing care
- Home Services such as cleaning and gardening.
To get a full breakdown on what you could and couldn’t include for a care claim, you can use our 24/7 Live Chat.
Now, to receive an appropriate value for your food poisoning compensation payout, an independent medical evaluation would be required. Undergoing a full medical check ensures a complete diagnosis of your food poisoning and how it has affected you. This could establish the connection between a particular scenario and you feeling unwell.
It may also determine how long you may have to spend before you would fully be recovered. The assessment gives the basis for how your compensation will be evaluated using two heads of loss;
General damages focus on the physical and mental side of your illness. This would mean the pain, the suffering and the direct impact of food poisoning on your life.
Special damages, meanwhile, would be covering the secondary consequences. For instance, during your hospitalisation, there could be lost earnings. Special damages may also include any subsequent public transport usage, home nursing costs and rehabilitation. Now, to learn more about general damages and special damages, you can call us using the number above.
Paula White, 34, works as a banker in Leeds. She is married to her husband Geoff, and they often eat out at restaurants. It was on one such occasion when Paula suffered due to food poisoning.
The couple decided to eat out one night. They had eaten at this restaurant many times before. She ordered her favourite meal but this time it didn’t taste as good as it usually did. Paula didn’t think anything of it until later that night when she got home. Paula began to feel nauseous; she also felt hot and dizzy. Through the night Paula was vomiting violently with severe stomach cramps. This was soon followed by diarrhoea. For the next 24 hours, this continued until she finally fainted.
Paula was taken to her local hospital and was kept in the medical facility for evaluation. There, she was diagnosed with food poisoning after samples of her stool were taken. She was so ill that she was kept in hospital for a while. She ended up spending three weeks in hospital due to complications arising from the fallout of her food poisoning.
Both Paula and Geoff attempted to put the pieces together about how this might have occurred. Paula was very upset about what had happened. She had been in great pain and discomfort, and she was troubled by her extended hospital stay. Although the initial symptoms of the illness had diminished she still had lingering minor symptoms that would take quite a while to clear up. What’s more, as a banker, her lost earnings would be significantly felt when it came to her savings. And she was equally annoyed that the situation was totally avoidable, and had been caused by the negligence of the restaurant.
After seeking legal advice, Paula filed a compensation claim for her illness against the restaurant owners. She received £14,000 as an out-of-court settlement. This included £10,000 in general damages and £4,000 in special damages.
|Type Of General Damages||Includes:||How Much?|
|Food Poisoning||The suffering of and recovery from food poisoning||£10,000|
|Type Of Special Damages||Includes:||How Much?|
|Lost Earnings||Costs of lost earnings during her recovery||£3,500|
|Medical Expenses||Costs of a carer relating to the injury||£400|
|Transportation Expenses||Costs of public transport to and from the hospital||£100|
The case of Mrs White is purely an example. It is based on our past experiences of handling and valuing claims and serves to illustrate how accidents can happen and how they are valued.
In a successful food poisoning claim, you could receive compensation for general damages and special damages. It’s important to note that compensation would only be provided through a personal injury claim if you’re able to prove that the injury was a result of negligence.
The Judicial College Guidelines (JCG) can provide solicitors with assistance when calculating how much food poisoning compensation is owed. It outlines compensation brackets relating to different injuries at varying levels of severity. We have included some of these figures in the table below.
Please remember that these brackets are just guidelines, not guarantees, as every claim is unique. The figures have been taken from the most up-to-date guidelines, published in April 2022.
|Type of Injury||Severity||Compensation Bracket||Description|
|Digestive System||(b) Damage/Illness Caused from Non-traumatic Injury (i)||£38,430 to £52,500||Serious acute pain, diarrhoea and vomiting caused by severe toxicosis.|
|Digestive System||(b) Damage/Illness Caused from Non-traumatic Injury (i)||£9,540 to £19,200||Food poisoning that is serious but fairly temporary.|
|Digestive System||(b) Damage/Illness Caused from Non-traumatic Injury (i)||£3,950 to £9,540||Food poisoning causing stomach cramps and significant discomfort as well as other issues.|
|Digestive System||(b) Damage/Illness Caused from Non-traumatic Injury (i)||£910 to £3,950||Cramps, diarrhoea and pain that can is ongoing for some weeks or days.|
|PTSD||Moderate||£8,180 to £23,150||The injured person, in these cases, will have mostly recovered.|
|PTSD||Less Severe||£3,950 to £8,180||A virtually full recovery will be made within two years.|
|General Psychiatric Damage||Moderate||£5,860 to £19,070||A marked improvement will be made by trial. As such, there will be a good prognosis.|
|General Psychiatric Damage||Less Severe||£1,540 to £5,860||The award amount depends on factors including how sleep and daily activities were affected.|
|Mental Anguish||(E)||£4,670||Fear of death or fear of life expectancy being reduced.|
To see if you could receive food poisoning compensation, please contact us for legal advice that is completely free using the above details.
To explain it in further detail, using a No Win No Fee solicitor means that:
- There is no requirement to pay any legal fees up-front
- And there is also no requirement to pay legal fees while the case is ongoing
- If your claim doesn’t succeed, there would be no requirement to pay any legal fees to your solicitor.
- But if your claim does succeed, only then would your personal injury solicitor take a nominal amount to cover their legal costs (called a success fee and capped by law).
Find out everything that you need to know about No Win No Fee by using our Live Chat.
To find the best quality personal injury solicitors requires you to do some homework based on the most logical criteria. That could include years of experience, first-class credentials, positive reviews, any specialities and a long-standing track record of success.
In your case, our panel of solicitors is perfectly capable of managing your food poisoning claim. And keep in mind that we always determine the viability of a case before taking it on. Please call us today to find out more.
At this point, we want to know about your own food poisoning hospitalisation. Our team could connect you with our panel of personal injury solicitors. Get in touch by:
Our advisors are available 24 hours a day, 7 days a week. And remember that there would be no obligation to proceed with your case.
We hope you have enjoyed reading through this guide. However, for further details about situations which may result in a food poisoning claim payout, you can click the links below.
Find out everything you need to know about our services by clicking here.
Our contact form allows you to get in touch with our friendly team.
Click here to learn more about making a claim after visiting a restaurant.
Read the official NHS guidance about food poisoning by clicking here.
To read about the variety of services that the NHS offers, click here.
You can click here to read about the employment rights of workers.
Guide by AR