A Guide to Claiming Rotavirus Compensation
Updated: Sep 2, 2019
This easy-to-follow guide looks at what you need to know about making a rotavirus compensation claim.
Rotavirus and Norovirus are the most common causes of gastroenteritis. Both are highly contagious meaning that the illness may quickly spread to several people. Symptoms generally appear within 48 hours of exposure to the viruses.
Resistant to modern disinfectants and anti-bacterial solutions, rotaviruses can survive for hours on hands, and for days on hard, dry surfaces. Even in the most hygienic environments, viruses can be transmitted easily through children who forget to wash their hands before eating, or after using the toilet.
By the time they turn five most children will have been infected by rotavirus; some having several episodes. Symptoms include severe vomiting and diarrhoea and stomach cramps and typically last 3 to 8 days. This may result in severe dehydration and hospitalisation in some cases.
A vaccination was introduced in September 2013 for babies aged 2 and 3 months, resulting in a reduction of 70% in the number of reported cases (130,000 in 2013).
Adults may contract rotavirus through contact with a sick child, although symptoms are usually less severe.
Noroviruses can cause gastroenteritis in people of any age. An estimated 600,000 to 1 million fall ill through norovirus infection every year. As there are so many variants of the virus it is difficult to build up immunity, so a person may be infected several times.
How are rotaviruses and noroviruses transmitted and can it be prevented?
Where large groups of people are contained in a relatively small area and facilities are shared, such as in all-inclusive holidays and cruise ships, it takes only one infected person to create an outbreak of sickness.
Good hygiene is the key to preventing transmission of both rotavirus and norovirus; thorough handwashing with soap and water may be helpful in preventing cross-contamination. Neglecting this basic good practice may result in an infected person contaminating food that is subsequently consumed by others.
Hard surfaces may also be contaminated this way. This may include toys that infected children share. Therefore it is vital to ensure that surfaces are kept clean using bleach based products to help prevent transmission.
Items such as towels and bedding used by infected people may also be a source of contagion, so should be laundered in a hot wash to kill the viruses.
Transmission may also be by direct contact with an infected person.
Anyone who has contracted either virus should avoid returning to the workplace or school until they have been symptom free for 48 hours.
Do I have a rotavirus claim?
As a basic rule, you can make a rotavirus claim if you were injured:
- in the last three years and,
- someone else was at fault.
Even if these two points don't apply to you, you may still be able to make a claim.
To get a definitive answer, speak to a legally trained adviser on 0800 612 7456.
A brief phone consultation will confirm whether you have a claim. We will never put you under pressure to start a claim.
Alternatively you can try our Online Claim Checker.
What if it was a criminal incident?
If your Rotavirus injury resulted from a criminal incident, you can pursue a claim via the Criminal Injuries Compensation Authority (CICA). The CICA must receive your application within 2 years of the Incident Date.
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 rotavirus claim on their own behalf.
The amount of money you could claim for your rotavirus 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 rotavirus 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.
See a list of what you can claim for:
Examples of special damages include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
Find out what your claim could be worth now
Assessing a claim's value at the outset can be complicated.
If you would like a FREE claim estimate with no obligation to start a claim, call 0800 612 7456.
Alternatively, our compensation calculator will give you an instant estimate of what your claim is worth.
Caring and sensitive support
Your solicitor will handle your rotavirus case 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:
In a public place (e.g. supermarket, pavement)
If you have been injured in a public place, there are some key points you need to be aware of:
If you are thinking of making a work accident or injury claim, there are some key points to be aware of:
Other claim types
Find details on another type of claim:
How does no win, no fee work?
No Win, No Fee is an agreement with your solicitor (known as a Conditional Fee Agreement or CFA) that means that you can make a rotavirus claim with:
- no upfront legal fees
- no solicitor's fees payable if your claim is not successful
- a success fee payable only if your claim is successful
No Win, No Fee is the most common way to make a compensation claim.
No win, no fee promise
If you have been injured and it wasn't your fault, our no win, no fee guarantee takes the risk out of making a rotavirus injury compensation claim.
What do I pay if I win my rotavirus claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, once your claim is settled. 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 rotavirus claim?
If your rotavirus claim is not successful then you will not have to pay any fees.
How can Quittance help?
Our highly experienced panel of solicitors have an excellent track record of winning injury claims. Your solicitor will fight for the best possible compensation settlement for you.
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:Call me back
No Win, No Fee
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 will my claim take?
The length of time needed to secure compensation can vary considerably.
For example, straightforward car accident claims can settle in a matter of weeks, whereas complex medical negligence cases can take years.
Injury claims can also take longer if it is not clear who is responsible for your injury, or if liability is denied by the defendant.
Taken from average case times, this table sets out approximately how long personal injury claims take to settle:
Personal injury claim type
Estimated claim duration*
4 to 9 months
6 to 9 months
12 to 36 months
12 to 18 months
6 to 9 months
3 to 4 months**
12 to 18 months**
**Official Criminal Injuries Compensation Authority (CICA) Government agency and Motor Insurers’ Bureau (MIB) figures.
Will I have to go to court?
Highly unlikely. The vast majority of claims that are settled by Quittance’s 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 interim compensation payment?
If you suffer financial hardship as a result of an injury, you may be able to claim interim compensation payments.
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
Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.
Read more about this Quittance Legal Expert