Food Poisoning Claim for Compensation
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Food poisoning can make a person feel very unwell. In most cases of food poisoning, the person will recover from the illness within 24 hours or a short period of time; however, there are some circumstances where food poisoning can be severe and hospital admission may be required.
If you have suffered food poisoning as the result of someone else’s negligence over food safety, Beacon Law may be able to assist you in claiming compensation for food poisoning. Food poisoning compensation claims can be made against restaurants, cafes, supermarkets, or any other establishments serving food which resulted in a person becoming unwell.
Causes of Food Poisoning
There are many causes of food poisoning; most cases of food poisoning are primarily caused by negligence. Food poisoning claims commonly arise when a person suffers symptoms after eating food which has been contaminated with a dangerous bacteria, such as, E-coli, salmonella, listeria and botulism. The most common causes of contaminated food and food poisoning illnesses are:
- Raw and undercooked meats.
- Improperly prepared foods
- Poor kitchen hygiene, such as kitchen staff not washing hands, working in an unclean environment, or using dirty kitchen tools and appliances.
- Dangerous chemicals contaminating food.
- Storing food incorrectly, such as not refrigerating or covering food.
- Using foods after their use by or sell by date.
Foods which are most likely to cause food poisoning include, raw poultry and meat, raw shellfish, deli meats, pates, and soft cheeses, and unpasteurised milk.
If you have suffered any food poisoning symptoms after being served or sold any type of food, contact Beacon Law to find out if you could make a food poisoning claim for compensation.
Symptoms of Food Poisoning
Most symptoms of food poisoning will not be severe, and should clear up within a few days. Some symptoms may be severe, causing long-term illnesses and requiring hospitalisation. Depending on the type of food you consume, symptoms can start as soon as a few hours after eating, or in some cases, symptoms may start to show a few days later. The most common symptoms of food poisoning include:
- Flu like symptoms, such as headaches, general aches, pains, and chills
- Nausea and/or vomiting
- Stomach cramps
- Diarrhoea
- Dehydration if symptoms are severe
If you have suffered any of the symptoms above, and believe that you have contracted food poisoning, contact Beacon Law to speak to a personal injury solicitor about making a successful food poisoning claim.h
I Have Food Poisoning Symptoms, What Should I Do?
If you have suffered food poisoning symptoms after eating food which may have been contaminated or poorly cooked, contact the restaurant, café or supermarket to make them aware of the issue. Do not accept any offers of compensation from them without speaking to a specialist personal injury lawyer for advice first.
Contact your local Environmental Health Department and the Food Standards Agency to report the incident and the hygiene standards of the establishment.
Seek medical attention from your G.P, or at hospital if your symptoms are severe. You should try to get medical attention soon after the symptoms start. A confirmed diagnosis of food poisoning from your G.P may be required in order to be successful in making a food poisoning claim for compensation. Your G.P may require you to provide a stool sample so that they can confirm the diagnosis. If you sought private treatment then keep reciepts for all medical expenses.
Write a list of all other foods which you had consumed in the days leading up to your symptoms so that other causes can be rules out.
Keep hold of the receipt as evidence that you consumed the food. If the food was paid for by someone else, request a copy of the receipt from them. Such evidence will help support your claim for compensation.
If you wish to speak to a solicitor about making a food poisoning claim, contact Beacon Law and we will discuss the claims process with you.
Food Poisoning Claim: Compensation
It is difficult to determine the amount of compensation you will receive for food poisoning claim without firstly knowing the seriousness of the illness and all facts of the case. The Consumer Protection Act 1987 enables consumers to make a claim for personal injury compensation if they have been made ill by unsafe food. Compensation for all personal injury claims is split into two categories; general damages and special damages.
General damages refer to the amount of compensation you will receive for your illness, i.e., your pain, suffering and loss of amenity. The figure is based on the severity of the illness and the impact the illness has had on your life or the impact which it may continue to have on your future.
Special damages refer to any additional financial losses you sustained as a direct result of the incident, and may include travel and parking costs, loss of earnings, medication costs, costs of any private treatment you may have required, and compensation for any additional care and assistance you may have required.
There are many compensation calculators online which may give you an idea of what your claim may be worth, however, the amount stated when using these calculators are not always accurate and cannot be guaranteed.
How Much Does it Costs to Make a Food Poisoning Claim?
When considering making a food poisoning claim for compensation, you may also be concerned about the costs of making a claim. The good news is, you should not be left out of pocket when making a personal injury claim with Beacon Law.
We offer our claims on a no win, no fee basis. This agreement means that you will not be required to pay our fees if your claim is unsuccessful. Our fees will be deducted from your compensation on the conclusion of your case if you are successful in making a food poisoning claim.
The only requirement for this agreement is that you cooperate with us throughout the process of your claim and that you are honest with us at every stage.
How long do you have to make a food poisoning claim for compensation?
The time limit for making a food poisoning compensation claim is generally three years from the date of the illness. This is in line with the standard limitation period for personal injury claims set out in the Limitation Act 1980.
However, it is always advisable to commence your claim sooner rather than later because evidence is fresher and more readily available, increasing the likelihood of a successful claim.
Additionally, early claims can also provide quicker access to compensation, which can cover expenses, lost wages, and other damages, alleviating financial strain during recovery.
Why Choose Beacon Law?
Beacon Law are a leading Manchester law firm, providing a Nationwide service. We offer a range of personal injury claim services to our clients, including road traffic accidents, accidents at work, and accidents in a public place.
We provide a high level of service to all our clients and work hard to ensure they receive the appropriate treatment and highest level of compensation for their injuries.
We work closely with all clients, following their instructions whilst providing specialist legal advice on each case. We aim to support all our clients throughout a time which is already difficult, and provide the best case management possible throughout all legal proceedings.
If you require advice on a potential case or assistance, please contact us on 0330 1332 857. Alternatively, please complete our online form, and a Personal Injury expert will contact you to discuss your potential case.
Beacon Law are a Solicitors registered in England and Wales with our registered office based in Manchester. We are authorised and regulated by the Solicitors Regulation Authority.
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Last Updated on June 17, 2024 by Stacey