Gastroenteritis Compensation Claims
If you have been affected by gastroenteritis we can help.
The purpose of this guide is to help anyone who has suffered gastroenteritis and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.
In our guide to claiming
Gastroenteritis is an infection within the intestines. It is a common complaint for those people have gone on package holidays. It can be a result of catering staff failing to wash their hands after going to the toilet, then preparing food.
Buffet restaurants in particular can be breeding grounds for Gastroenteritis, as people can touch the food and transfer the infection. Undercooked meat, such as chicken, can also cause people to contract the illness.
Do I have a gastroenteritis claim?
As a basic rule, you can make a gastroenteritis claim if your injury happened:
- in the last three years, and;
- someone else was to blame, and;
- that person owed you a duty of care.
Injury claim eligibility - Common questions
What if a child was injured?
The 3 year rule does not apply to minors.
A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start a gastroenteritis claim on their own behalf.
Who is at risk from Gastroenteritis?
Anyone who eats food that has been infected with this bacteria, or who handles an object that is infected before putting their hands in their the mouth, is at risk of suffering from Gastroenteritis. Quittance's panel of solicitors has helped many people who have contracted Gastroenteritis while on holiday; and has helped them to pursue a claim for food poisoning compensation.
Children and the elderly will be particularly vulnerable to a Gastroenteritis infection, due to physical size and strength. Anyone who has a pre-existing condition, or a weakened immune system, may find such an infection causes more severe symptoms as well as potential long term consequences.
How do you know if you have Gastroenteritis?
If you have contracted Gastroenteritis, you could find yourself suffering from the following symptoms:
- Severe stomach cramps and associated pain
- Disrupted sleep because of cramping and diarrhoea
- High temperature
- Feeling exhausted
- Feeling sick
- Lack of appetite/inability to keep food in the stomach
If you think you have contracted Gastroenteritis, it is likely that your symptoms will ease after a day or two. However, if you don't start to feel some relief within a couple of days, you should contact a medical professional. This is particularly important if you are suffering from dehydration and severe fatigue. In the event that you do make a claim for compensation, medical records can help to verify what has happened.
What should you do if you are suffering from Gastroenteritis?
It is important to rehydrate yourself as much as possible. If you are suffering from diarrhoea as a result of the infection, your body will be losing vital fluids and salts. If you do not replace these, and continue to expel the fuel your body needs to function properly, it is likely that you will become severely dehydrated. This can have serious consequences for your health.
Children become dehydrated more quickly than adults, so it is important to monitor them carefully if you think they may be suffering from Gastroenteritis. Rehydration sachets can be purchased in most pharmacies, and can help aid recovery.
If you do not find your symptoms have improved after a couple of days, or you are feeling worse, it is important to seek medical treatment. This could be in the form of a rehydration drip, or antibiotics to eliminate the infection.
For the duration of time that you are suffering from the symptoms of Gastroenteritis, you should be vigilant about hygiene, particularly hand washing. Your doctor will probably advise that you avoid going to work, or continuing with your education, until you are feeling better. This can help to minimise the risks of the infection being spread.
Who is at fault for a Gastroenteritis infection?
Gastroenteritis is usually contracted through the consumption of infected food. If you have suffered food poisoning while on holiday, it is likely that the people or organisation responsible for the food provision can be held liable. This can include café, restaurant or hotel owners, and even travel operators. Quittance's group of solicitors have many years of experience at dealing with cases like this, and can help you to claim compensation for what has happened.
The amount of money you could claim for your gastroenteritis will depend on:
- the extent of your injury, and
- any financial losses or costs you have incurred.
At the start of your claim, your solicitor will consider the many ways your gastroenteritis has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.
This calculation will factor in 'general damages' and 'special damages'.
General damages are awarded for pain, suffering and loss of amenity (PSLA).
Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.
Special damages are for financial losses and expenses you have incurred as a result of the accident.
What can I claim for after a gastroenteritis? (see list)
Examples of special damages (losses you can claim for) include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
Gastroenteritis compensation amounts
The following gastroenteritis payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, Fifteenth Edition by the Judicial College.These tables are used by solicitors or by the courts as a starting point when calculating your compensation.
|Digestive system||Moderate||Serious non-penetrating injury with ongoing sympto||£13,380 to £22,130|
|Digestive system||Moderate||Moderate non-traumatic injury||£3,150 to £7,600|
|Digestive system||Severe||Severe toxicosis||£30,630 to £41,860|
|Digestive system||Serious||Penetrating wounds, lacerations or serious pressure||£5,280 to £10,040|
|Digestive system||Serious||Serious non-traumatic injury||£7,600 to £15,200|
|Digestive system||Minor||Minor non-traumatic injury||£730 to £3,150|
|Food poisoning||Moderate||Significant discomfort||£3,150 to £7,600|
|Food poisoning||Serious||Serious but short-lived||£7,600 to £15,200|
What is the average injury compensation for a gastroenteritis claim?
The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.
However, the money you would receive following a gastroenteritis will depend entirely on your specific circumstances.
Your gastroenteritis compensation will be calculated based on the unique impact your injuries have had on your life and your ability to work, and on the actual financial losses you have incurred as a result of your injuries.
See the injury table above for some examples.
Should I set up a personal injury trust?
If you are receiving means-tested benefits and are awarded compensation following a gastroenteritis injury, your benefits could be affected. In order to ring fence your compensation and protecting your benefits, you may be able to set up a "Personal Injury Trust" or "PI Trust". Read more: Should I set up a personal injury trust?
Calculate my gastroenteritis compensation
Calculating how much compensation you can claim for a gastroenteritis injury can be complicated.
Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.
Find out what your gastroenteritis claim could be worth now:
How long does a gastroenteritis claim take?
How long it can take to secure compensation for gastroenteritis can vary significantly.
For example, a straightforward liability accepted injury claim could be settled in a couple of months. However, if liability is denied the process might take longer. Typically, an injury claim takes between 4 and 9 months. For more information on how long your claim could take, see: How long will my claim take?
Caring and sensitive support
Your solicitor will handle your gastroenteritis claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:
- Financial support: interim payments while you are unable to work.
- Advice: on personal injury trusts, tax and welfare benefits.
- Coordination: with rehabilitation providers and therapists.
- Access: to treatment and therapies not always available on the NHS.
How did your injury occur?
The claims process that your solicitor follows will vary, depending on how the injury occurred:
No win, no fee - the facts
Under a no win, no fee agreement, your solicitor agrees that you will have no legal fees to pay if you do not winn your claim .
No win, no fee guarantee
Our no win, no fee guarantee means there is zero financial risk in making a gastroenteritis claim - even if you don't win your claim. Read more about making a No win, no fee claim
What do I pay if I win my gastroenteritis claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, only after your compensation is awarded. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.
What do I pay if I do not win my gastroenteritis claim?
If your gastroenteritis claim is not successful then you do not have to pay any legal fees . Your solicitor may take out insurance to ensure there will be nothing to pay.
Why do most solicitors charge 25%?
25% success fees are charged by most law firms as this is the maximum fee that the Ministry of Justice allows them to charge. gastroenteritis claims can take a solicitor hundreds of hours work and they receive nothing if the case is lost. The success fee will be subject to your individual circumstances and the actual fee may vary. Call us for more information.
How can Quittance help?
Your solicitor will fight for the best possible compensation settlement for you, and the highly-experienced panel of solicitors have an excellent track record of winning injury claims.
If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.
Call us FREE 0800 376 1001 or arrange a callback:
if you can claim
to start a claim
Can I claim for someone else?
Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.
If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.
The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.
Can I claim if I was partly responsible for an accident?
You may still be able to claim compensation even if you contributed to your accident or to your injuries.
However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.
How long do I have to make a gastroenteritis claim?
In general, you have a time limit of up to 3 years from the date of the gastroenteritis to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your gastroenteritis claim becomes 'statute barred'.
Can I claim for a gastroenteritis after 3 years?
Possibly. The general rule for adults is that a claim must be started within three years.
However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.
If you were injured as a child, you do have up until your 21st birthday to make a claim.
There other circumstances that can also impact the limitation date. Call us now on 0800 376 1001 to find out if you are still able to claim gastroenteritis compensation.
In reality, there are a number of factors that can affect whether a gastroenteritis claim will be taken on by a solicitor.
Will I have to go to court?
Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.
Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.
Cases that do ultimately go to court are held in front of a judge, not a jury.
Will I have to go to a solicitor's office?
No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
Can I get an early compensation payment?
If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.
An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.
Howard Willis, Personal injury solicitor
About the author
Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.