Giardiasis Poisoning Compensation Claims
If you have been affected by giardiasis poisoning we can help.
The purpose of this guide is to help anyone who has suffered giardiasis poisoning 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
giardiasis poisoning compensation:
Giardiasis poisoning is caused by drinking water that has been infected by the giardia parasite.
This can occur by drinking contaminated water, particularly when travelling abroad and holiday illness compensation claims are common.
Giardiasis infection can also be caused by eating fruit or vegetables that have not been washed. The main symptom of such an infection is severe diarrhoea. Children are particularly vulnerable, as they are significantly less able to cope with a loss of fluids and dehydration.
Do I have a giardiasis poisoning claim?
As a basic rule, you can make a giardiasis poisoning claim if your injury happened:
- within the last three years, and;
- another person was to blame, and;
- that person owed you a duty of care.
Do I have a claim? - 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 giardiasis poisoning claim on their own behalf.
What if I want to make a multi-party or group claim?
A multi-party claim (sometimes referred to as a 'group claim' or a 'class action') brought by a group of people who have sustained the same or similar injuries due to the negligence of the same defendant. How you start a multi-party claim will depend on the circumstances and we recommend you speak to a solicitor for more information.
Can I make a giardiasis poisoning claim right up to the three-year limit?
Technically, yes. However, in practice, not always. Many solicitors will not take on a giardiasis poisoning claim that only has a few months (sometimes even a year) left before the time limit expires. The panel of solicitors will take a claim on as late as possible where it is felt that the claim could be successful.
The amount of money you could claim for your giardiasis poisoning 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 giardiasis poisoning 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 giardiasis poisoning? (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
Giardiasis poisoning compensation amounts
The following giardiasis poisoning 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 giardiasis poisoning 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 giardiasis poisoning will depend entirely on your specific circumstances.
Your giardiasis poisoning compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and 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 giardiasis poisoning 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?
Giardiasis poisoning compensation
Calculating how much compensation you can claim for a giardiasis poisoning 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 giardiasis poisoning claim could be worth now:
How long does a giardiasis poisoning claim take?
How long it can take to settle a giardiasis poisoning claim can vary significantly.
For instance, a simple liability accepted injury claim could be completed in a matter of weeks. If the defendant denies liability, a claim can take substantially longer. Normally an injury claim takes 4 to 9 months. For more information on how long your claim could take, read: How long will my claim take?
Caring and sensitive support
Your solicitor will handle your giardiasis poisoning 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.
Who is at risk of Giardiasis poisoning?
Quittance's solicitors have assisted with claims for food poisoning compensation for holidaymakers, and infection can be caused under a range of circumstances:
- Travellers outside the UK - The water in the UK is generally free of the giardia parasite, thanks to strict rules governing water safety. Some countries do not have stringent processes to ensure that tap water is safe to drink.
- Campers and hikers - The Giardiasis-causing parasite can survive for several months in cold water, making lakes, rivers and streams potential sources of infection.
- Parents and child carers - Young children are particularly at risk of infection and the giardiasis can be transmitted from waste and spread rapidly.
How would I know if I have been exposed to Giardiasis?
There will not be any immediate signs or symptoms.
When the parasite is first contracted, it will be between 9 and 14 days before you notice any effects. This can make it difficult to identify the source of the contamination if infection occurs during or soon after a holiday abroad.
If you have any concerns that you may have contracted giardiasis, you should visit a medical unit as soon as possible. The doctor can diagnose you based on the analysis of a stool sample, and can then prescribe treatment.
Your medical records will also provide valuable evidence should you decide to claim.
What should you do if you have experienced Giardiasis poisoning?
The most important action to take is to seek treatment from a qualified medical professional. Symptoms can worsen without treatment, and lead to serious, long-term health issues.
After diagnosis, your doctor may prescribe metronidazole. The treatment will usually last for a week, and is intended to destroy the Giardiasis parasite.
Maintaining a very high standard of hygiene is particularly important during and after treatment. You should wash your hands thoroughly and particularly before eating. You should also ensure that family members or others do not come into contact with your bedding, towels and clothes.
Whilst you are still displaying symptoms, your doctor is likely to recommend that you should not have any contact with work or school.
Determining who was responsible for your infection
If you have experienced Giardiasis poisoning while abroad, or symptoms develop soon after you return to the UK, it is possible that someone else was responsible. The responsible party could be your travel provider, your hotel, or a provider of food and drinks, such as a shop, café or restaurant.
If you have contracted the infection because of the negligence of someone else, it is likely that you will have a case for claiming compensation, but claiming for illnesses abroad can sometimes be complex.
The panel of solicitors have dealt with several cases involving food and water poisoning. They can help you to get compensation for the pain and disruption arising from the infection, including additional costs arising from treatment.
How did your injury occur?
The claims process that your solicitor follows will vary, depending on how the injury occurred:
No win, no fee, no risk
'No win, no fee' means that if your giardiasis poisoning claim is unsuccessful, you will not have to pay any legal fees at all. Known as a 'Conditional Fee Agreement' or 'CFA', no win, no fee is a legal agreement entered into between you (the 'claimant') and your solicitor.
No win, no fee guarantee
Our no win, no fee guarantee means there is no financial risk in making a giardiasis poisoning 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 giardiasis poisoning claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, after your compensation is awarded. The solicitor's success fee can be up to 25%. Your solicitor will agree a success fee with you before you start your claim.
What do I pay if I do not win my giardiasis poisoning claim?
If your giardiasis poisoning claim is not successful then you do not have to pay any legal fees at all. 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. giardiasis poisoning 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, 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 612 7456 or arrange a callback:
if you can claim
to start a claim
Giardiasis poisoning FAQ's
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 giardiasis poisoning claim?
In general, you have a time limit of up to 3 years from the date of the giardiasis poisoning to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your giardiasis poisoning claim becomes 'statute barred'.
Can I claim for a giardiasis poisoning 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 612 7456 to find out if you are still able to claim giardiasis poisoning compensation.
In reality, there are a number of factors that can affect whether a giardiasis poisoning 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.
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.
Read more about this Quittance Legal Expert