If gastroenteritis has set you back, we'll help you move forward

Gastroenteritis is inflammation of the stomach and intestines, typically caused by an infection or allergy, leading to symptoms like diarrhoea and vomiting. Treatment includes hydration, rest, and dietary adjustments, with medication in severe cases.

If you have been affected by gastroenteritis, we can help. If your injuries were caused by someone else's actions or negligence, you may be entitled to claim compensation.

You can make a No Win, No Fee compensation claim with the help and support of a personal injury solicitor.

With over 2 million food poisoning reported cases every year, you are not alone

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.

An estimated 2.4 million cases of foodborne illness occur every year in the UK (food.gov.uk).

For information on gastroenteritis symptoms and treatment, see: Gastroenteritis (nhs.uk).

Do I qualify for gastroenteritis compensation?

You will usually be eligible to claim compensation if you have been injured in the following circumstances:

  • in the last 3 years,
  • by someone elses actions or negligence, and
  • they owed you a duty of care.

Find out online if you can claim with our injury claim calculator. Alternatively, you can speak to a claims advisor on 0800 376 1001 and find out if you have a claim in minutes.

Can I claim compensation if I was partly at fault?

The law concerning liability (or blame) for an accident is complex, and varies depending on the situation.

In our 2024 Personal Injury Claimant Survey, 13.99% of respondents believed they were partly responsible for their injuries, or were uncertain.

Even if you partly caused the accident or your injuries (refered to as 'contributory negligence'), you may still be entitled to make a claim. These claims can often be settled on the basis of a split liability agreement.

Read more:

Can I claim if I feel I was partly responsible for my accident?

How long do I have to start a gastroenteritis claim?

For most injury claims, you have up to 3 years from the date of your injury to start the claims process.

You may still be able to claim compensation if you were injured by another's negligence and you only discovered it later. Generally, the clock starts ticking from the date you were diagnosed or became aware of your injury.

The 3 year limitation period does not apply to minors (under 18s). A parent, guardian or litigation friend can start a claim on a child's behalf up to their 18th birthday and the child has until their 21st birthday to claim for themselves.

How much compensation can I claim for a gastroenteritis?

The amount of money you could claim for your injury will depend on:

  • the seriousness 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 injuries have affected your life. Your solicitor will take these considerations into account to calculate the correct compensation award.

Gastroenteritis compensation calculator

Get an accurate compensation estimate (including for multiple injuries), confirm your legal position, and check if you have a No Win, No Fee claim.

Updated April 2024 Compensation Calculator v3.04

General damages

General damages are awarded for pain, suffering and loss of amenity (PSLA).

Awards for general damages are set by the Judicial College (judiciary.uk) and published in their guidelines for personal injury awards.

How is compensation calculated if I have multiple injuries?

Special damages

Special damages are awarded to compensate you for any costs or losses you've incurred or might incur as a result of your accident. These costs might include loss of earnings, including lost overtime, holiday pay, benefits and pension contributions, or any other out of pocket expenses.

Special damages may also be awarded for medical treatments or procedures that you might need to treat your gastroenteritis, including rehydration, anti-diarrheal medication, probiotics and dietary changes.

Read more:

A complete list of recoverable losses in a personal injury claim

Average gastroenteritis general damages compensation

The following gastroenteritis payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, Sixteenth Edition by the Judicial College (oup.com).

These tables are used by solicitors or by the courts as a starting point when calculating your compensation.

Please note: these average figures represent general damages only, and do not include any element of special damages (e.g. lost wages).

Example Amount
Digestive system
Serious non-penetrating injury with ongoing symptoms £15,260 to £25,240
Moderate non-traumatic injury £3,590 to £8,670
Severe toxicosis £34,940 to £47,730
Penetrating wounds, lacerations or serious pressure £6,010 to £11,450
Serious non-traumatic injury £8,670 to £17,450
Minor non-traumatic injury £830 to £3,590
Food poisoning
Significant discomfort £3,590 to £8,670
Serious but short-lived £8,670 to £17,450

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.

Children and the elderly will be particularly vulnerable to a gastroenteritis infection. Anyone who has a pre-existing condition, or a weakened immune system, may also suffer 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
  • Diarrhoea
  • Dehydration
  • Disrupted sleep because of cramping and diarrhoea
  • Headaches
  • High temperature
  • Feeling exhausted
  • Feeling sick
  • Vomiting
  • 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 will be losing vital fluids and salts. If you do not replace these, and continue to expel the fuel your 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 cafes, restaurant or hotel owners, and even travel operators.

What happened?

The compensation claims process will depend on where and how your gastroenteritis occurred. Click the icons below for more information:

No win, no fee gastroenteritis compensation claims

With no win, no fee, you can claim gastroenteritis compensation without financial risk. If your claim isn't successful, you pay nothing. If you win, you only pay a pre-agreed percentage of your compensation.

Find out more about how no win, no fee claims work

Get expert advice now

Interested in talking to an injury specialist about your claim?

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Citations

Source: (reviewed: 10/12/2023)

Chris Salmon, Director

Author:
Chris Salmon, Director