Food Poisoning Claims

5,000,000 people suffered from food poisoning last year in the UK.

Food poisoning is an illness which occurs due to eating contaminated food. Usually, the food would be contaminated with bacteria or a virus. Typically, people recover without the need of medical treatment.

Symptoms include:

  • Feeling sick
  • Vomiting
  • Diarrhoea
  • Stomach cramps

Symptoms may typically appear 1-3 days after the consumption of the contaminated food.

There is a number of foods which are at a particular risk of causing food poisoning if not handled, stored or cooked properly.

These include:

  • Raw meat and poultry;
  • Raw eggs;
  • Raw shellfish;
  • Unpasteurised milk;
  • ‘Ready to eat’ foods (e.g. cooked sliced meats, pate, soft cheeses, pre-packed sandwiches, etc.)

The food may have been contaminated at any stage during production, processing or cooking.

Most people recover without the need for medical treatment. If you have been a victim of food poisoning you should drink a lot of fluids and avoid food until you feel better. If you must eat, you should choose easily digestible foods (e.g. toast).

Unfortunately, sometimes food poisoning might cause more serious health problems, especially in cases of older people (over 65), or people with weakened immune system (e.g. HIV or cancer), or babies.

Medical advice in cases of food poisoning must be sought if:

  • The vomiting lasts for longer than 2 days;
  • You are not able to keep liquids down for more than a day;
  • The diarrhoea lasts for longer than 3 days or it’s bloody;
  • You have fever.

Unfortunately, cases of food poisoning, nowadays, are common. If you have suffered food poisoning you could be able to make a claim for compensation.

WHY COMPENSATION SOLICITORS ONLINE?

Our expert solicitors have years of experience in making claims for compensation in cases of food poisoning.

We have successfully claimed compensation for our clients in a variety of case circumstances, including:

  • Client was food poisoned after eating a kebab. He was awarded compensation of £2,500.
  • Client cut his tongue on a glass which was inside his burger which he purchased from Burger King. He was awarded compensation of £1,500.
  • Client bought a cheesecake from Tesco and accidentaly ate a piece of plastic which was concealed inside the cheesecake. Client suffered a cracked tooth as a result of this, and he was awarded £1,500 in compensation.

WHAT SHOULD YOU DO IF YOU HAVE BEEN INVOLVED IN AN ACCIDENT?

  • You should write a detailed account of what happened:
    • Where did you eat the contaminated meal?
    • What did you eat?
    • What else have you eaten around the period you believe to have consumed the contaminated food?
  • You should keep the receipt for the contaminated meal.
  • You should seek medical advice as soon as possible.
  • You should keep a record of your out of pocket expenses (e.g. travel expenses, prescription charges, etc.) and keep any receipts.

YOUR CLAIM

A food poisoning claim includes the following three steps:

ESTABLISHING LIABILITY (WHO WAS RESPONSIBLE FOR THE INCIDENT):
The first step is to show who was at fault for the food poisoning to take place and to what degree. This is not necessarily straightforward and sometimes contributory negligence may be found (the victim has contributed to some extent to the harm that they have suffered). However, this concept only plays a role in calculating the compensation value and does not affect the establishing of liability.

SHOWING CAUSATION (SHOWING THAT THE FOOD POISONING CAUSED YOUR SYMPTOMS):
Once a degree of liability has been established, it must be demonstrated that the resulting symptoms have been caused by the incident, and not by a previous medical condition or another accident, for example.

CALCULATING THE QUANTUM (ESTABLISHING THE APPROPRIATE AMOUNT OF COMPENSATION):
The compensation in such cases will have the purpose of attempting to put the claimant in the position s/he has been in before the food poisoning. It is our specialist solicitors’ job to liaise with medical and other experts in order to prepare a Schedule of Loss, setting out the solutions and costs to all problems which the claimant has or may have in the future, as a result of the food poisoning.

Our expert solicitors have experience in achieving the best results in all the three steps of the process, thus ensuring that you get the best compensation which you deserve.

DAMAGES

There are two parts to any compensation claim, consisting of two types of damages:

GENERAL DAMAGES
General damages are calculated as a part of the compensation based on the type of injury and are designed to compensate for pain and suffering and the impact on the claimant’s enjoyment of life.

SPECIAL DAMAGES
Special damages are the more variable part of the compensation and depend on individual circumstances.

The claimant may be able to recover:

  • Expenses relating to the cost of living with any disability;
  • Expenses to cover services provided by other people;
  • Increased accommodation costs;
  • Loss of earnings;
  • Medical expenses;
  • The cost of buying in care.

Establishing the level of special damages to be paid is a crucial part of a compensation claim. Compensation Solicitors Online have experience in compensation claims in cases of food poisoning.

TIMING

Generally, personal injury claims have a three year time limit i.e. court proceedings have to be issued at least one day before the third anniversary of the accident , otherwise they will be time barred and you will no longer be able to pursue your claim. (There are a few exceptions to this rule and the court does have some very limited discretion to extend the various time limits). You can still pursue a claim for personal injury after the third anniversary of the accident, you just have to make sure court proceedings have been issued before that third anniversary in order to do so. We will be happy to discuss this further with you.

If you are a minor at the time of the accident, i.e. under 18 then the 3 year limitation date period starts to run after you have turned 18. Furthermore, there also a complicated set of rules that allows the 3 years limitation date period to run from the date of knowledge of the incident/accident. These rules normally apply to clinical/medical negligence cases or industrial disease claims, where they may be a long latency period between the incident giving rise to your claim and you first suffering any symptoms and becoming aware of it. The rules on this are technical and we will, once again, be happy to discuss this in detail with you.

FUNDING

There are a variety of funding options open to you. We will discuss these options with you in more detail and where appropriate represent you on a no win no fee basis (also known as a Conditional Fee Agreement).

MAKE A CLAIM

If you would like to speak directly to one of our team you can either call us on 0208 203 4999 or send us your enquiry and we will give you a call back to discuss your claim within 1 business day.

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