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Making a Claim for Food Poisoning

The following is intended as a brief guide to making a claim for food poisoning.

Causes and symptoms of food poisoning

There can be many causes of bacterial food poisoning, but the most common cause is from eating food that has been improperly prepared, cooked or handled.
Food poisoning can be caused by many types of bacterial infection, including salmonella, listeria, campylobacter, clostridia and e-coli.
It is estimated by the Food Standards Agency that 5.5 million people in the UK contract food poisoning every year. However, due to most of these cases not being very severe, less than 100,000 of these cases are actually reported.
The symptoms of food poisoning can include vomiting, stomach cramps, diarrhoea, nausea, raised temperature, muscle aches, shivering and tiredness. These symptoms may begin to affect a person within hours of eating the contaminated food, but sometimes the symptoms may not appear until several days later. Therefore it may be difficult to trace the source of the food poisoning.If you think you are a victim of food poisoning then it is important to keep a sample of the food in question if possible, report it to the outlet who sold it to you, and to the local authority.

How do I make a claim?

The first stage is to contact a member of our team who will take some basic information from you and talk you through the process.
Food poisoning compensation claims can be made under established negligence principles.
At MyClaim, our lawyers are experienced in using the necessary regulatory framework to ensure that your food poisoning claim has the maximum chance of success.
Although a compensation claim against the supplier or retailer is the obvious route, it can often be difficult to prove that the food in question caused the illness. It could have been the way the food was cooked at home, for instance, or the utensils used. Doctors treating patients with signs of food poisoning can be unsure of what caused the illness.
Causation is easier to establish where there are a number of victims with one common supplier.
What will it cost me to make a claim?
Absolutely nothing. We operate on a no win no fee basis. This means that you will receive 100% of the compensation you are awarded. You may also have the benefit of legal expenses insurance which we can discuss with you.

How long is my claim likely to take?

It is hard to estimate how long any claim will take to conclude. The time scale depends on a variety of factors such as the severity of your injuries, how long you take to recover from your injuries and whether liability is admitted by the other party. Obviously if your injuries are more serious it may take longer and we will advise you of this as your case proceeds.

How will my compensation be calculated?

All compensation for personal injury claims are split into two parts:-

1. General Damages

This is also known as damages for pain, suffering and loss of amenity. This is your claim for the actual physical injury sustained as a result of the food poisoning. This part of your claim is valued with reference to the medical report and case law. The amount of damages you recover will depend on the severity of your injuries and how long you take to recover.
Another aspect of your claim for General Damages is the affect that the food poisoning has had on your life as a whole. For example, if there is anything you are not able to do following the food poisoning that you were able to do before, such as sporting activities or if you were forced to miss an important event.

2. Special Damages

This is your claim for any financial losses that you suffer as a direct result of the food poisoning. This part of the claim can include medical costs, such as prescription and over-the-counter medication charges, and any claim for loss of earnings.
Making a claim may seem like a daunting task but our expert claim handlers will make your claim as straightforward as possible and support you throughout your claim. We have a national team of claims consultants who will be happy to see you in your home, at work or even in hospital in order to explain matters further and complete the paperwork for you.

Find out now if you have a claim - simply call our freephone 24/7 helpline number 0800 731 2586, or complete the online enquiry form for totally confidential, free, no obligation expert advice.

We offer a “no win no fee service” and you will receive 100% of your compensation.

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