Salmonella Poisoning Compensation Claims

If your life, or the life of a loved one, has been affected by salmonella poisoning, we can help.

If your injuries were caused by someone else's actions or negligence, you may be entitled to claim compensation.

Claiming injury compensation with a solicitor

You can make a compensation claim with the help and support of a personal injury solicitor.

Your solicitor will ask you about what happened, and they will collect evidence to prove what caused your injuries. Your solicitor will also work out how much money you can claim, based on your injuries, lost earnings and other expenses.

We can help you make a personal injury compensation claim on a No Win No Fee basis.

In this article

Introduction

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.

Raw chicken

Do I have an injury claim?

As a basic rule, you can make an injury claim if your injury happened:

  • within the last 3 years, and;
  • another person was to blame, and;
  • that person owed you a duty of care.
Check my claim

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 an injury claim on their own behalf.

Read more about claiming injury compensation on behalf of a child.

What if there is no evidence?

Evidence can take the form of eyewitness accounts, CCTV footage, photographs etc. It will be difficult to win a salmonella poisoning claim with no evidence at all. You may feel that there is no evidence but a solictor may well be able to assist in collating evidence that you, as a claimant, were unaware of.

How much compensation can I claim for an injury?

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.

This calculation will factor in 'general damages' and 'special damages'.

General 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

Special damages are for financial losses and expenses you have incurred as a result of the accident.

What can I claim for after an injury? (see list)

Examples of special damages (losses you can claim for) include:

  • Lost earnings (including future earnings)
  • Medical treatment costs
  • Physiotherapy
  • Travel costs
  • Costs of care
  • Costs of adapting your home or car

What is the average injury compensation for an injury claim?

The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.

However, the money you would receive following an injury will depend entirely on your specific circumstances.

Your injury 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.

What if I am not yet sure of the extent of my injury?

If you have not yet sought medical attention, your solicitor will arrange a medical assessment for you ASAP. If you are awaiting test results, a claim can still be started. Once the extent of the injuries are known, the settlement can be calculated.

Calculate my injury compensation

Calculating how much compensation you can claim for an 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 injury claim could be worth now:

How much can I claim?

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, 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?

How else can a solicitor help me?

Your solicitor will handle your injury claim from the initial FREE case evaluation, through to the financial settlement.

Your solicitor will work with other specialists to provide caring and sensitive support and 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.

Will I have to go to court?

Highly unlikely. Solicitors settle the vast majority of claims out of court.

Less than 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 decided by a judge or magistrate, not a jury.

Even if the claim does go to court, it is very unlikely you will have to attend.

Read more:

Will my injury claim go to court and what if it does?

No win, no fee - the facts

Under a no win, no fee agreement (known as a 'Conditional Fee Agreement' or 'CFA') you can make an injury claim without needing to worry about upfront legal fees. If your injury claim is unsuccessful you won't have to pay any money to your solicitor.

No win, no fee - our guarantee

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 an injury compensation claim. Read more about making a No win, no fee claim

What do I pay if I win my injury 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 injury claim?

If your injury 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.

How we can help you

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
  • 9.30am to 5pm on Sunday

Call us for FREE advice on 0800 376 1001, or arrange a call back from a friendly, legally-trained advisor:

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Injury 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.

Read more:

Claiming on behalf of another person.

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

Yes. You may still be able to claim compensation even if your actions may have contributed to the accident.

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.

Read more:

Claiming compensation if you were partly responsible for an accident.

How long do I have to make an injury claim?

In general, you have a time limit of up to 3 years from the date of the injury to make an injury claim.

The last date you can make a claim is known as the claim limitation date - after which your injury claim becomes 'statute barred'.

Can I claim for an injury 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 injury compensation.

In reality, there are a number of factors that can affect whether an injury claim will be taken on by a solicitor.

Calculate your claim limitation date

Will I have to visit a solicitor's office to start a claim?

No. You will not need visit a solicitor's office. Personal injury claims are handled by email, post and phone.

Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.

Read more:

Will I have to visit a solicitor's office?

I need the money now - what are my options?

If you are unable to work and have bills to pay, you may be able to claim an interim compensation payment.

An interim payment is an advance on your compensation payment. Any amount you receive in interim payments would be deducted from your final compensation payment.

Read more:

How to I get an interim compensation payment?

Howard Willis, Personal injury solicitor

Author:
Howard Willis, Personal injury solicitor