How Much Food Poisoning Compensation Can I Claim?
Our expert solicitors could help you claim for food poisoning compensation.
£85 million in compensation
How Much Food Poisoning Compensation Can I Claim?
Our expert solicitors could help you claim for food poisoning compensation.
Can I Claim Compensation After Food Poisoning?
Our guide today will explore how you could be eligible to make a food poisoning compensation claim, guideline figures of what you could receive in a successful case, and then we will discuss the most common symptoms associated with food poisoning.
The Food Standards Agency, in a recent scientific review, estimated that approximately 2.4 million cases of foodborne illness occur annually in the UK. Not only this, but an estimated 380,000 cases of norovirus are linked to food each year.
Not all of these cases will have arisen as a result of negligence, but if unfortunately, you have experienced a personal injury which wasn’t your fault, our team can help. You can speak to one of our advisors by:
- Calling on 0151 375 9916
- Submitting a free claim enquiry using our contact us form.
Read on to learn more about food poisoning compensation claims.
Can I Make A Food Poisoning Compensation Claim?
Yes, however, as with most compensation claims, you must be eligible to make the claim. We can determine this by proving that negligence has occurred. In order to establish negligence, the following three criteria must be met:
- Someone owed you a duty of care
- They breached this duty
- The breach led to or caused your food poisoning
The above criteria is the foundation of all compensation claims.
The business or individual who produced your food is the person who owes you a duty of care.
Who Is Responsible For The Quality Of My Food?
Food vendors would typically be responsible for the quality of your food. You can unfortunately experience food poisoning as a result of eating poorly prepared food, either from a restaurant, a supermarket or even a street food market. Anyone who serves food has an obligation to ensure the quality of your food to prevent illness.
In line with governmental advice around food hygiene, a business which serves food or drinks should:
- Make sure the food is safe to eat
- Ensure the quality of food is as it has been displayed
- Display a food hygiene rating if selling directly to the public
- Report any additives
The Food Standards Act 1999 was brought into effect through the Food Standards Agency, with the purpose of setting standards for food to protect the public. However, the Food Safety Act 1990 is the act which establishes the legal rules that a business must follow to ensure food hygiene and safety.
So, in short and under the relevant legislation, both businesses, restaurants or anyone along the supply chain who produces or serves food is responsible for the quality of your food.
If you’ve suffered an illness due to poorly prepared, stored or contaminated food, speak to a member of our advisory team. A team member can help assess whether you have a valid claim for food poisoning compensation.
The Average Payout For Food Poisoning
To arrive at an average payout figure for food poisoning, you would first need to find out the number of successful claims and how much each settlement was. Then you would have to add the settlements together before dividing by the number of successful claims. However, this would not help you or your food poisoning claim. Each claim will have different elements that are considered when valuing it.
The amount of compensation you could receive in a successful food poisoning compensation claim can depend on things such as the severity of your injuries, how long your projected recovery time is and how the food poisoning has impacted your quality of life.
Food poisoning compensation can be comprised of two heads of claim: they are known as general and special damages.
Your general damages are compensation for the pain, suffering, and any loss of amenity (loss of enjoyment of activities you had previously enjoyed) caused by your injuries. If your food poisoning has meant you’re unable to enjoy your life the way you did beforehand, then this will be appreciated.
Your special damages, however, are compensation for the financial or tangible losses caused by your injuries. This could include things like prescription costs, loss of earnings if you’ve been unable to work or even travel costs.
Both of these heads of claim could be considered when your compensation is being calculated.
When calculating your compensation, those responsible for determining the amount may consider the Judicial College Guidelines (JCG), a framework that provides compensation brackets and injury types.
Our suggestive table below offers brackets of compensation you might receive in a successful claim. Please note that the first entry hasn’t been used from the JCG, but all following entries have been.
| Injury | Severity | Notes | Compensation Guideline |
|---|---|---|---|
| Multiple Severe Injuries and Special Damages | Serious | A number of serious injured combined with special damages such as a loss of earning potential | Up to £500,000 or more |
| Bowel | a) | Cases of double incontinence, and a total loss of urinary and bowel function, as well as other medical complications | Up to £224,790 |
| Bowel | b) | Total loss of natural function plus reliant on a colostomy. Age will impact the amount awarded | Up to £183,190 |
| Bowel | c) | Faecal urgency paired with passive incontinence causing embarrassment and distress | In the region of £97,530 |
| Bowel | d) | Cases of severe abdominal injury paired with an impairment on function and often requiring a temporary colostomy | £54,420 to £85,100 |
| Bowel | e) | Penetrative injuries causing some permanent damage but an eventual return to normal bowel function and control | £15,370 to £29,870 |
| Digestive System Damage Resulting from Non – Traumatic Injury | (i) | Cases of severe toxicosis paired with acute pain, vomiting and diarrhoea. Significantly impacts the injured person’s ability to enjoy their life | £46,900 to £64,070 |
| Digestive System Damage Resulting from Non – Traumatic Injury | (ii) | Severe but short lived food poisoning, diarrhoea and vomiting diminished over 2 to 4 weeks with some remaining discomfort and disturbance on bowel function | £11,640 to £23,430 |
| Digestive System Damage Resulting from Non – Traumatic Injury | (iii) | Either food poisoning or an allergic reaction causing significant discomfort, stomach pains such as cramps. Complete recovery within a year or two | £4,820 to £11,640 |
| Digestive System Damage Resulting from Non – Traumatic Injury | (iv) | Cases with varying levels of disabling pain and diarrhoea continuing for days or weeks | £1,110 to £4,820 |
Speak to an advisor about a free claim valuation today. They’ll also discuss items you can submit with your claim to support recovering your food poisoning-related expenses.
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What Is Food Poisoning?
Food poisoning is an illness that occurs when someone consumes food contaminated with bacteria, toxins, or viruses. It can cause an array of stomach problems, including vomiting and diarrhoea. It can also cause fever and sweating.
Below, we discuss the most common symptoms and the most common types of food poisoning.
The Common Symptoms Of Food Poisoning
A range of different symptoms can manifest as a result of food poisoning. Below are the most common feelings associated:
- Feeling or being sick
- Stomach pain
- Temperature, fever or excessive sweating
- Diarrhoea
- A general unwell feeling
What Are The Different Types Of Food Poisoning?
A range of different toxins, parasites or bacteria can cause food poisoning. In the UK, the most common types of bacteria causing food poisoning are:
- Norovirus – predominantly a vomiting bug
- Campylobacter bacteria
- E. Coli bacteria
- Salmonella bacteria
An advisor can discuss the type of illness you suffered from and in what serverity to help detemine how much food poisoning compensation you could be eligible to claim.
How To Claim For Food Poisoning Compensation
An important step in any food poisoning compensation claim is to gather evidence. This is because evidence helps to demonstrate why someone else’s negligent actions led to your illness.
Your evidence in these types of claims could include:
- Photographic evidence of the food you consumed
- GP or medical records to explain what treatment or medication you were administered
- A copy of the receipt of the food you paid for, or alternatively, bank statements
- Details of any pre-existing health conditions
- A copy of the complaint if you complained to the Food Standards Agency
- The packaging that your food came in
- A diary of your symptoms
- Contact details of anyone who could be contacted for a witness statement at a later stage
- Details of the restaurant you attended (if you were in one)
Here at JF Law, we appreciate that starting a claim can feel daunting, but our team are here to support you. If you work with one of our specialists, we can help you collect and present your supporting evidence to strengthen your food poisoning compensation claim.
As well as helping you to gather evidence, our solicitors would ensure that your personal injury claim is started within the permitted limitation period. This time limit is 3 years from the date of the negligence, in line with the Limitation Act 1980. However, parties who cannot manage the claims process themselves, such as children or those without the mental capacity, are exempt.
So, if you have any questions about how long you have to start your claim or what evidence would be useful in your claim, contact us today.
How Do I Prove That I Have Had Food Poisoning?
As we discussed above, evidence can really help to explain and prove that you have had food poisoning. Another form of evidence which could be particularly useful in food poisoning compensation claims is blood tests or stool samples. These may indicate the presence of specific bacteria, providing conclusive evidence of food poisoning.
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How Long Does Making A Food Poisoning Claim Take?
The amount of time it might take for your food poisoning compensation claim to finish can depend on a few factors, such as the complexity of your case and whether the other side admits liability. In most cases, the legal dispute can be settled amicably without the need to attend court and begin litigation.
However, typically, where the defendant accepts liability, your claim might take anywhere between 3 and 6 months to complete. In cases where there is a debate about liability between you and the defendant, your claim might take a longer amount of time to conclude.
If you decide to work with our solicitors, you can rest assured that they will keep you updated at each stage of your claims process, to ensure you understand and give you a better understanding of how long it may take to conclude. Contact us today to talk about your potential food poisoning compensation claim.
Can I Make A No Win No Fee Claim?
Yes, if you are eligible, one of our solicitors could support your claim. Our solicitors work on a No Win No Fee basis, via a Conditional Fee Agreement.
What this means is that you wouldn’t be required to pay for the work your solicitor does on your claim:
- At the beginning
- Or during your claims process
Instead, a small success fee would be taken at the end of your successful food poisoning compensation claim. This amount is a percentage with a legal limit that will be taken directly from your compensation.
However, if your claim were unsuccessful, you wouldn’t be required to pay a penny for your solicitor’s services.
Our solicitors here at JF Law have decades of experience advocating for those with valid food poisoning claims. We can help you with:
- Understanding legal language and each step of your claims process
- Making sure your claim is started within the permitted time limit
- Handling all aspects of your claim so you can spend that time recovering from food poisoning
- Negotiating a settlement which rightfully reflects the amount of pain and suffering caused by your injuries
As a part of the free services offered by our team, you can call us today to discuss your claim validity and how we could help you make a claim.
Contact JF Law’s Advisors
To discuss your food poisoning compensation claim, you can contact our team by:
- Calling us on 0151 375 9916
- Filling out our online claim form
Learn More
Read our other guides about:
- How to make a claim for dog bites
- A guide to making school accident claims
- What to do if you’ve slipped in a public place
Useful External Resources
- How to claim Statutory Sick Pay from GOV.Uk
- Guidance for food businesses from the Food Standards Agency
- NHS advice for vomiting and diarrhoea
Thank you for reading our food poisioning compensation guide.
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