Food Poisoning Claim Compensation Calculator

Food poisoning can seriously disrupt your life and create a whole raft of sudden expenses. If you contracted food poisoning in a restaurant, bar or other food outlet because others failed to meet the required standards, this guide explains the public liability claims process to help you seek compensation.

Key Takeaways In Food Poisoning Compensation Claims

  • Under the Food Safety Act 1990 and the Food Hygiene (England) Regulations 2006, it is illegal to keep and sell food that is not fit for consumption.
  • A personal injury claim for food poisoning compensation can incorporate the physical, psychological and financial harm caused.
  • You could still claim for food poisoning while on holiday in the UK or abroad.
  • Strong evidence will boost your chances of success.
  • Our experienced solicitors can help you claim on a No Win No Fee basis.

Please read on to see how we can help with your food poisoning compensation claim. Or, access your free claim eligibility check right now:

  • Ring our advisory team on 0800 073 8801 to discuss your food poisoning compensation claim.
  • Connect with an advisor through the discussion portal below.
  • Contact us online.

PERSON HOLDING HIS STOMACH BECAUSE OF SUFFERING FOOD POISONING

Select A Part Of Our Food Poisoning Compensation Guide

How Much Compensation Could I Get For Food Poisoning?

Knowing the ‘average compensation’ amount as claims always vary. Professional advice from accident claim solicitors is the best way to obtain an accurate idea of what might be owed.

Successful food poisoning compensation claims may result in two types of awards called general and special damages. General damages apply a monetary value to the physical pain experienced. Also, amounts can reflect the long-term damage caused as well as the psychiatric harm the person suffered as a result of the food poisoning. In severe cases, this could be as significant as post-traumatic stress disorder (PTS).

Those responsible for working out compensation amounts may refer to medical evidence and publications like the Judicial College Guidelines (JCG). This is a publication that provides suggested award bracket amounts for various types and severities of injury.

The table below illustrates extracts from the JC Guidelines. However, we emphasize that the amounts are guides only and the first entry is not taken from the JCG:

Compensation Guidelines

InjurySeverityCompensation GuidelineNotes
Cases of more than one serious injury and Special Damages award.SeriousUp to £1 million plus.Awards of this size reflect multiple forms of serious injury and Special Damages for damaged employment prospects, care costs and medical expenses.
Bowel(a) Double incontinence Up to £224,790Cases where both bowel and bladder function are completely lost, as well as other medical complications.
(b) Total function lossUp to £183,190Where the bowel has lost natural function and depending on age, a colostomy may be required.
(c) Persisting issuesIn the region of £97,530Instances where even after surgery, passive incontinence and faecal urgency persists.
(d) Severe £54,420 up to £85,100The type of abdominal injury that impairs function and may require temporary colostomy use.
Digestive System(b) Illness/Non-traumatic injury (i) £46,900 up to £64,070Severe forms of toxicosis that cause pain, vomiting, diarrhoea and fever that is bad enough to require a hospital stay.
(b) Serious (ii) £11,640 up to £23,430Still a serious form of food poisoning with symptoms like those above but short-lived and diminishing over a 4 week period leaving some disturbed function.
(c) Significant (iii) £4,820 up to £11,640Food poisoning that caused cramps, fatigue, altered bowel function and may require a short hospital stay.
Varying degrees (iv) £1,110 up to £4,820Varying degrees of cramps, diarrhoea and disabling pain for a matter of weeks.
Psychological Harm(b) Moderately severe £23,270 up to £66,920A significant and long-standing degree of psychological harm that has a much better indicated recovery that serious cases.

What Are Special Damages?

The second head of loss that can be included is called special damages. Often in personal injury claims, there are associated financial losses or expenses caused by the injury. With the correct documented evidence to prove you suffered monetary harm because of the food poisoning, these amounts could be included:

  • Loss of earnings because of time off work.
  • Any private medical expenses.
  • The cost of domestic care for others who had to cook and clean for you.
  • Travel expenses to essential appointments.
  • Any additional childcare arrangements.

With this in mind, it’s important to keep all payslips, receipts, invoices and statements that show the financial impact of the food poisoning. Special damages may increase the amount of compensation you receive, but cannot be claimed in their own right. All financial harm must stem from the physical and psychological injury. Speak to our team about including them in your claim.

IMAGE OF A MAN SUFFERING FOOD POISONING AND CLUTCHING STOMACH

What Is Food Poisoning?

Typically, food poisoning is an illness caused by eating contaminated food. According to the NHS, it is often not serious and most people recover within a matter of days. Food poisoning is the result of food contaminated by bacteria or a virus such as:

The recommended course of action is bed rest and drinking plenty of water with only small and light meals with simple ingredients. Alcohol and caffeine should be avoided.

Symptoms of Food Poisoning

Here are some common food poisoning symptoms:

  • Nausea and sickness
  • Diarrhoea
  • Vomiting
  • Stomach cramps
  • A raised temperature of 38C or above
  • Fatigue
  • Chills and aches
  • A combination of these symptoms

The NHS also states that food poisoning symptoms start within a few days of eating the contaminated food or it can trigger between a few hours or a few weeks later.

Always seek professional medical attention if you feel unwell after eating or drinking anything. Whilst most people recover, some forms of severe cases of E-Coli, listeria and salmonella food poisoning can be fatal if left untreated. Call to see if you can start a claim for illness.

Who Is Liable For Food Poisoning?

Under the Occupiers’ Liability Act 1957, anyone providing a service must implement all reasonable and practicable actions to prevent the public from suffering harm whilst lawfully using their facilities and services. This includes the careful and correct supply of food and drink to the public.

The Food Standards Act 1999 and The Food Standards Agency (FSA) regulate the safety and hygiene standards for food in England, Wales and Northern Ireland. They ensure that the food outlet responsible for the preparation, storage, transportation and packaging of food understands their responsibilities.

Also, food suppliers must meet standards designed to protect consumers and allow them to make the best decisions possible about what they eat in supermarkets, restaurants and food outlets. These agencies can take action against those who fail to meet these standards regarding food.

ELDERLY PERSON IN HOSPITAL AFTER EXPERINCING SEVERE FOOD POISONING

I Got Food Poisoning While On Holiday, Can I Claim?

Yes. You could still have a valid claim for food poisoning compensation if you can prove the link between illness and what you were given to eat in the hotel, resort or B&B. Below you will see a list of the sorts of evidence that can support a food poisoning compensation claim against a third party like this. However, if you’d prefer to discuss your potential claim in person, please reach out to advisors by phone, or email or ask the box at the bottom of this screen a question.

What If I Was On Holiday Abroad?

Certain types of package holidays have an obligation to vouch for the safety of all services included as part of the agreement with the customer and ensure everything meets the correct standards. The Package Travel and Linked Travel Arrangements Act 2018 details these obligations.

So, with evidence that the food provided as part of your foreign holiday deal was below acceptable standards (and directly caused your illness), a claim could still apply for food poisoning abroad.

Different countries might have differing standards of food safety. To be sure about the eligibility of your claim, start by speaking to our advisors. They could refer you to one of our solicitors who is experienced in navigating the sometimes complex personal injury claims process in other countries.

Common Causes Of Food Poisoning

Food poisoning is often caused by the following:

  • Undercooked food, such as chicken which is still pink in the middle.
  • Food that is stored in a way that allows it to cross-contaminate. For example, raw meat that drips onto cooked fish in a refrigerator.
  • Poor hygiene standards in a kitchen or dirty hands can allow harmful bacteria to get into something you eat.
  • Cross-contamination is sometimes caused through utensil use. For example, using the same spoon or spatula to prepare cooked and uncooked ingredients.
  • Using food that has expired its sell-by date.
  • Bacterial food poisoning can arise if food is left out and uncovered in warm weather, such as buffets abroad.

For direct guidance on your food poisoning compensation claim, reach out to our advisory team for more.

How To Prove A Food Poisoning Compensation Claim

Food poisoning compensation claims need to show that you were provided with sub-standard food which made you ill. To that end, try to assemble as much of the following as you can:

  • Medical evidence that proves your illness such as a stool or blood sample, GP or hospital reports, proof of medication required or the findings of any specialists you needed to consult.
  • Samples of the food or a copy of the menu.
  • Photos of the food that made you ill or the packaging it came in.
  • Photos of any visible injuries (such as any allergic skin rashes).
  • Contact information for eyewitnesses to the food you ate or its preparation, as well as the illness you suffered afterwards. Appointing a solicitor means that these people can be approached for a supporting statement later on.
  • A diary of events that detail when you became ill and where you ate.

Our solicitors could help you compile evidence to use in your food poisoning compensation claim. Why not call advisors now to see if they could direct you to excellent legal representation for your claim?

SOLICITOR EXPLAINING FOOD POISONING COMPENSATION CLAIMS TO HIS CLIENT

Can Accident Claims Help Me?

Our solicitors could help you through the entire food poisoning claims process. If eligible, you can access excellent legal help like the following:

  • An accurate calculation of how much compensation you could be owed.
  • Help to assemble strong evidence that boosts your claim.
  • A regular update on the status of the claim, as well as explanations of any complex legal points.
  • Confidence that your solicitors are dealing with all the correspondence and Pre-Action Protocol steps that must be followed.
  • The knowledge that while your solicitor is arguing for the maximum compensation on your behalf, you can concentrate fully on getting better.

What’s more, these outstanding services can be provided under a Conditional Fee Agreement (CFA). This is a type of No Win No Fee agreement, under which the client can usually expect the following:

  • No initial solicitor fees.
  • No fees for your solicitors as the claim develops.
  • No fees for completed work by the solicitor on the claim if it fails.
  • Only a minimal percentage deduction from the compensation total will be made at the end if the claim succeeds. This is called a success fee.
  • This ‘success fee’ is paid to the solicitors, but because it is legally capped, the claimant always receives the majority of the compensation awarded.

If you suffered food poisoning because of the negligence of those responsible for food safety, find out what you could be owed in compensation.

  • Ring our advisory team on 0800 073 8801 to discuss your food poisoning compensation claim.
  • Connect with an advisor through the discussion portal below.
  • Contact us online to talk about compensation for food poisoning.

Learn More

As well as this guide on food poisoning compensation claims, these other resources from our site may be useful:

Some external resources to help:

In conclusion, thank you for your interest in our food poisoning compensation guide. Advisors are standing by to help with any other questions or concerns you might have about food poisoning compensation amounts and starting a claim.