Food Poisoning Compensation

Food Poisoning Compensation


Duncan Lewis Personal Injury Solicitors for Food Poisoning Compensation Claims


No Win No Fee Claims for Food Poisoning Compensation


Duncan Lewis is one of the UK’s leading firms of personal injury and Legal Aid solicitors – and can advise on how to make a no win no fee compensation claim for food poisoning.


Symptoms and Causes of Food Poisoning


Food poisoning is an umbrella terms for a range of debilitating and potentially serious bacterial, parasitic and viral gastric infections – sometimes also referred to as gastroenteritis.


The effects of food poisoning can occur between four hours and 10 days after eating contaminated food or drinking contaminated water.


Food poisoning symptoms include:

  • Confusion
  • Dehydration
  • Diarrhoea (watery, blood streaked, mucosal, violent episodes)
  • Exhaustion
  • Fever (cold or burning fever)
  • Headache
  • Nausea
  • Shivering
  • Stomach cramps
  • Sweating
  • Urine infections (pain on passing urine, blood in urine)
  • Vomiting (sometimes violent and/or blood streaked)
  • Weight loss.

Some of the most common gastric infections include:

  • Campylobacter – bacterial infection found in undercooked meat, including beef or poultry like chicken. Symptoms can take up to 10 days after infection to appear
  • Cryptosporidium – parasitic infection transferred in human faeces in swimming pool water or contaminated drinking water
  • E.coli – bacterial infection found in meat, dairy produce, mushrooms and oysters, as well as contaminated water which may be used to wash fruit and salads or make ice cubes
  • Giardia lamblia – parasitic infection transmitted via the faecal-oral route, usually in contaminated drinking or swimming pool water
  • Norovirus – also called winter vomiting flu bug, it spreads quickly and causes violent episodes of vomiting and diarrhoea, often in close communities like hospitals, care homes, schools and cruise ships
  • Salmonella – found in undercooked chicken, infected eggs and dairy produce such as unpasteurised milk and cheese – and is also present on the skins of reptiles, or is carried by birds and insects to buffets
  • Shigella dysentery – bacterial infection transmitted in contaminated water.

When food poisoning symptoms appear, medical diagnosis is essential to make a claim and to make sure you have the right treatment for the infection causing your symptoms, so see a GP.


Undiagnosed or untreated food poisoning symptoms can result in chronic conditions such as post-infective irritable bowel syndrome (IBS) or Crohn’s disease.


The symptoms of infections like Salmonella or dysentery can return every few weeks, leading to dehydration and debilitating weight loss unless the infection is treated.


Drink plenty of water if you have food poisoning symptoms and seek medical help urgently if you begin to feel drowsy or confused, which are signs of dehydration.


Dehydration can lead to unconsciousness or death and needs urgent treatment – sometimes with rehydration therapy in hospital.


In infants, young children, the elderly and vulnerable patients with cancer or autoimmune conditions, food poisoning symptoms can be fatal if left untreated.


Food Poisoning Compensation Claims


Claims can be made for food poisoning compensation if it can be proved that a restaurant, canteen, take away, food retailer or other food outlet is liable for causing the infection – either as a result of supplying contaminated food or drink, or as a result of failures in food preparation, storage or general hygiene.


Hospitals and care homes or schools and work canteens can also be breeding grounds for an outbreak of food poisoning – and if the source can be traced, a no win no fee compensation claim can be made.


Food poisoning is commonly contracted on all-inclusive package holidays or cruise ships, where utensils and surfaces round the buffet may become contaminated with infections like Salmonella, if hotel staff and guests do not wash their hands and lapses occur in food preparation and general hygiene.


If your holiday is a package holiday, a claim for Holiday Accidents & Illness compensation can be made under the Package Travel Regulations 1992.


How long do I have to claim Food Poisoning Compensation?


Compensation claims for food poisoning fall under the area of law known as personal injury.


Personal injury claimants usually have three years from the date of the illness to make a claim for compensation.


Claims can sometimes be made outside the three-year limitation period, however – and minors have three years from the age of 18 to make a claim.


Because of the limitation period for personal injury claims, it is important to seek legal advice from Duncan Lewis personal injury solicitors as soon as possible if you wish to make a food poisoning compensation claim.


How much compensation can I claim for Food Poisoning?


Claims for food poisoning compensation include:

  • General Damages for pain, suffering and loss of amenity
    The exact amount will be assessed according to the extent of your illness, estimated recovery time and any rehabilitation needed – and whether further medical treatment or care is needed. If you were ill on holiday, loss of holiday value and enjoyment would be included.
  • Special Damages to cover medical fees and out-of-pocket expenses
    Special damages might include further medical treatment, loss of earnings, travel expenses to hospital and prescription costs.
  • Who pays Compensation in Food Poisoning Claims?


    Food poisoning compensation is paid by the insurer of the party liable for the injury, such as a restaurant’s insurance company.


    If you were ill on a package holiday, the package tour operator’s insurance company would pay the compensation.


    Will I have to go to court to claim compensation?


    Your Duncan Lewis personal injury solicitor will keep you fully informed at all stages of the case.


    Most food poisoning compensation claims are settled out-of-court – Duncan Lewis personal injury lawyers negotiate hard to get the best settlement for you.


    But if a court hearing is necessary, Duncan Lewis instructs leading barristers who specialise in personal injury cases, to make sure you have the best legal representation possible.


    Food poisoning compensation paid to minors has to be approved at an Infant Settlement Hearing at the local County Court – the child and their “Litigation Friend” (usually a parent or guardian) have to attend this hearing.


    Why Duncan Lewis is the best solicitor for Food Poisoning Compensation Claims
    • Duncan Lewis personal injury solicitors understand just how upsetting and debilitating food poisoning can be – we believe in putting you and your family first to obtain the best results for you
    • Duncan Lewis is one of the leading firms of Personal Injury and Legal Aid solicitors in the UK
    • Our initial advice on making a claim for food poisoning compensation is free
    • Duncan Lewis accepts claims for food poisoning compensation on a no win no fee basis, so you will not have to worry about legal fees
    • We an arrange expert medical opinions to help back up your food poisoning claim – and help you get any treatment you need for post-infective conditions like IBS and Crohn’s disease
    • Duncan Lewis personal injury solicitors will make sure you understand every stage of your compensation claim for food poisoning
    • We will handle negotiations for you, so you do not have to worry while you are recovering from your illness.

    Duncan Lewis personal injury solicitors have a successful track record in no win no fee personal injury claims.


    Contact Duncan Lewis for free advice on making a compensation claim for food poisoning by calling 020 7923 4020.

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