Salmonella Poisoning Compensation Claims
If your life, or the life of a loved one, has been affected by salmonella poisoning we can help.
The purpose of this guide is to help anyone who has suffered salmonella 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
salmonella poisoning compensation:
Although the incidence of Salmonella, or salmonellosis, has declined consistently in the UK since 2000, according to Food Standards Agency (FSA) there are still 2,500 hospital admissions per year.
Worldwide, however, salmonellosis is one of the most common and widely distributed foodborne diseases. Tens of millions of human cases occur.
Over 2,500 strains (or serotypes) of Salmonella species have been identified, but the 2 most important serotypes of salmonellosis transmitted from animals to humans in most parts of the world are Salmonella Enteritidis and Salmonella Typhimurium. These typically cause gastroenteritis, which is often uncomplicated and needs no treatment, but can be severe in the young, the elderly and patients with weakened immunity.
Salmonellosis and other poisoning illnesses among holidaymakers are not uncommon for those people travelling to locations where food hygiene standards are lower than standards in the UK.
Do I have a salmonella poisoning claim?
As a basic rule, you can make a salmonella 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 salmonella poisoning claim on their own behalf.
The amount of money you could claim for your salmonella 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 salmonella 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 salmonella 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
What is the average injury compensation for a salmonella 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 salmonella poisoning will depend entirely on your specific circumstances.
Your salmonella poisoning 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.
Will I have to pay tax on my salmonella poisoning compensation?
If you receive financial compensation following a salmonella poisoning injury, specific legislation ensures that you do not have to pay tax on it. This is the case no matter whether the compensation is received as a lump sum or as staggered payments.
Calculate my salmonella poisoning compensation
Calculating how much compensation you can claim for a salmonella 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 salmonella poisoning claim could be worth now:
How long does a salmonella poisoning claim take?
The length of time needed to settle a salmonella poisoning claim can vary considerably.
A simple liability accepted injury claim might be concluded in a month or two. If liability is denied, however, it could take considerably longer. On average an injury claim should take 4 to 9 months. For more information, see: How long will my claim take?
Caring and sensitive support
Your solicitor will handle your salmonella 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.
Will I get advice on treatment options?
As part of the salmonella poisoning claims process, your solicitor can arrange a thorough and independent needs assessment. The assessment may offer advice on treatment, access to treatments and therapies not always available on the NHS and co-ordination with rehabilitation providers, occupational therapists, physiotherapists etc
How is salmonellosis transmitted?
Salmonella infections are usually picked up from eating or drinking contaminated food or water. The bacterium is destroyed by cooking, so undercooked food or unpasteurised milk may still carry infection.
Poor food hygiene in preparation or storage areas can result in cross contamination from raw food, particularly chicken and eggs. Food which is already cooked or needs no cooking such as fruit and salads may then become a source of infection.
People already infected with Salmonella may transmit bacteria to others through poor hygiene practice.
Establishing how and where the infection occurred is a critical step in the claims process. It must be demonstrated that the defendant was legally responsible for the poor hygiene or other breach, and that this breach led to the claimant's infection.
What are the symptoms of salmonellosis?
Symptoms generally between 6 and 48 hours after contracting the infection. Symptoms generally include diarrhoea and vomiting, and patients may also sustain fever, abdominal cramps, headache and rashes. The illness may last for several days.
A small percentage of children under 5 may carry the bacteria for 12 months after the onset of their illness.
Complications of Salmonella poisoning - such as reactive arthritis - may arise, particularly among young children and people over 65.
Reactive arthritis is thought to occur in 2 to 15 percent of Salmonella patients. Symptoms, which usually appear 18 days after infection, include inflammation of the joints, eyes, or reproductive or urinary organs.
Can I claim against a tour operator?
To bring a successful claim against a tour operator, a claimant must prove that his illness was due to the neglect or fault of the tour operator or its hotel supplier.
Determining the cause of the infection may be difficult as salmonellosis can be contracted from several sources.
A tour operator may deny liability, arguing that a claimant could have consumed contaminated food or drink elsewhere. If the claimant can demonstrate that he or she only ate inside the hotel complex for the 72 hour period prior to the onset of symptoms a claim may be possible.
Anyone with symptoms of Salmonella food poisoning on holiday should immediately report it to a holiday representative. If other holiday makers have also been infected this may help establish the cause, improving the chance of making a successful claim.
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 (known as a 'Conditional Fee Agreement' or 'CFA') you can make a salmonella poisoning claim without needing to worry about upfront legal fees. If your salmonella poisoning claim is unsuccessful you won't have to pay any money to your solicitor.
Our no win, no fee promise
If you have been injured and someone else was to blame (even partially), our no win, no fee guarantee takes the risk out of making a salmonella poisoning injury compensation claim. Read more about making a No win, no fee claim
What do I pay if I win my salmonella poisoning 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%. Your solicitor will agree a success fee with you before you start your claim.
What do I pay if I do not win my salmonella poisoning claim?
If your salmonella poisoning claim is not successful then you won't have to pay your solicitor any fees. Your solicitor may take out insurance to ensure there will be nothing to pay.
Is there a penalty if I withdraw?
Under a No Win, No Fee Agreement (CFA), fees may apply if a claimant refuses to cooperate, or abandons their claim after the legal work has started, or if the claim is fraudulent.
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
Salmonella 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 salmonella poisoning claim?
In general, you have a time limit of up to 3 years from the date of the salmonella poisoning to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your salmonella poisoning claim becomes 'statute barred'.
Can I claim for a salmonella 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 376 1001 to find out if you are still able to claim salmonella poisoning compensation.
In reality, there are a number of factors that can affect whether a salmonella 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.
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.