By Lewis Houston. Last Updated 14th November 2023. If you’ve been hospitalised by a form of food poisoning, like salmonella, 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.
Food poisoning compensation claims guide
Choose A Section
- Case Study: £14,000 For Food Poisoning
- When Could You Claim For Food Poisoning?
- What Evidence Do I Need To Prove A Food Poisoning Compensation Claim?
- Food Poisoning Compensation Payouts
- Claim Compensation For Food Poisoning With A No Win No Fee Solicitor
- Further Resources On Food Poisoning Compensation Claims
Case Study: £14,000 For Food Poisoning
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 caused by E. coli bacteria 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.
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.
When Could You Claim For Food Poisoning?
However, in order to claim for food poisoning, you must be able to provide evidence that your illness was caused as the result of third-party negligence. For example, a restaurant or shop where you purchase food from failed to adhere to food safety standards.
Valid food poisoning claims will clearly demonstrate:
- A third party owed you a legal duty of care
- This duty of care was breached
- You endured food poisoning as a result
Establishments, like cafes or supermarkets, should exercise ‘reasonable care’ when providing products such as food. This duty of care is set out in the Consumer Protection Act 1987. It also allows consumers to claim compensation if they are caused personal injury due to a defective product.
Additionally, the Food Safety Act 1990 is key legislation that states businesses must make sure food is safe to be eaten by customers.
Our panel of No Win No Fee solicitors could work with you to get you the maximum compensation for your food poisoning claim. You can reach out to us today for free advice and to take advantage of our case consultation.
How Long Do I Have To Claim Compensation For Food Poisoning?
When claiming compensation for food poisoning, being aware of how long you have to do so is important. As per the Limitation Act 1980, you typically have 3 years to start a claim. The start of this time limit can often be from the date you sustained harm. However, it could also start from the date you connected negligence to the harm you sustained.
Additionally, the time limit can also be extended when children or those with a reduced mental capacity are involved. A litigation friend can be appointed to claim on behalf of a claimant who is not able to put forward their own claim. For children, the time limit will only begin once they turn 18. For those deemed unable to make their own claim because of a reduced mental capacity, if they recover their capacity, the time limit will start from the date of recovery.
Get in touch to find out more about the time limits and if you’re still eligible to make a claim. Our advisors can also tell you how much compensation for food poisoning you could receive.
What Evidence Do I Need To Prove A Food Poisoning Compensation Claim?
As well as wondering how much compensation for food poisoning you may receive, it’s also important to be aware of the evidence you may require. Without proof that your health was affected by the negligence of someone such as a waiter or chef, food poisoning claims could potentially be unsuccessful.
For instance, here are some examples of how you could prove poisoning was a result of someone else’s negligence:
- Medical evidence – You can request your own medical records at any time. The symptoms you experienced along with their severity will be included here. Additionally, the treatment and any medication you received will also be documented.
- Witness statements – For instance, other people dining with you could corroborate your story.
For more information on lawsuit settlement amounts for food poisoning, including further examples of evidence, get in touch with our advisors today. We can also discuss the average payout for food poisoning.
Food Poisoning Compensation Payouts
If you’ve suffered harm as a result of food poisoning, you can claim compensation for two forms of damage or loss. The first is known as general damages. This aims to compensate you for the suffering, pain and the impact the illness has had on your life.
The second is known as special damages. Under this, you can claim back any financial losses that you have incurred as a result of your bout of food poisoning. This can include loss of earnings and care costs (which we explain in greater detail below).
While there isn’t an average compensation payout for food poisoning because of these two unique heads of claim, we can offer you an insight into how much you could receive.
When valuing claims, personal injury lawyers refer to the Judicial College Guidelines (JCG) to help them. This publication (with the 16th edition being the latest available) provides guidance on potential compensation awards for a range of different injuries.
| Type of Injury | Severity | Compensation Bracket | Description |
|---|---|---|---|
| Multiple Injuries (physical and mental) plus losses | Serious/Severe | Up to £100,000+ | If you suffer severe physical injuries, like damage to your digestive system, as well as acute psychological problems like PTSD, in addition to significant financial losses, you could receive a payout in this region. |
| 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. |
If you’d like a more precise valuation of your potential food poisoning claim, please get in touch. We offer a free case check to everyone who reaches out and can connect you with our panel of personal injury solicitors today if you’d like to make a claim.
What Else Can Food Poisoning Compensation Payouts Cover?
We mentioned above that it’s possible to claim back any financial losses as part of your food poisoning compensation payout. Here’s some more information on what you can include:
- Loss Of Earnings – if you had to take time off work to recover from your illness, you can claim back any lost salary or bonuses.
- Care Costs – if you were too unwell to care for yourself, you may have needed the help of a family or friend. You can claim a fee for the hours they gave up helping you.
- Medication Costs – if you had to pay for prescriptions or over-the-counter medication you can recover these fees too
This list isn’t exhaustive. If you incurred a cost because of your injury it’s wise to keep a record of it and to retain your receipts. This way you can ask your personal injury solicitor if you can include it in your food poisoning claim.
Claim Compensation For Food Poisoning With A No Win No Fee Solicitor
A No Win No Fee lawyer from our panel could help you with making a claim for compensation for food poisoning, provided you have a valid claim. They could assist you with gathering evidence and guiding you through the claiming process. Furthermore, they may offer you a Conditional Fee Agreement (CFA), which is a type of No Win No Fee arrangement.
Under this agreement, you will not have to pay your solicitor any upfront or ongoing service fees. You also won’t have to pay them for their work if your claim is unsuccessful.
Should your food poisoning claim be successful, your solicitor will deduct a success fee from your settlement. This is a legally capped percentage.
To see if you could be eligible to work with a solicitor from our panel for your food poisoning compensation claim, you can contact our advisory team. You can get in touch with them by:
- Calling 0800 408 7825
- Using our live chat.
- Contacting us online.
Further Resources On Food Poisoning Compensation Claims
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.
- Would you like to speak to an advisor about food poisoning compensation? You could receive an initial consultation for completely free if you get in touch today.
Guide by AR
Publisher LA.