Homepage > How Much Is My Salmonella Case Worth?
August 15, 2021
Posted by: OFT Food Safety & Injury Lawyers
Several factors affect how much your salmonella case is worth.
Salmonella is a bacterium that can cause Salmonellosis, a type of food poisoning. This type of bacteria can make people sick when they consume contaminated food. The CDC estimates Salmonella bacteria cause about 1.35 million infections in the United States each year.
Common foods that can transmit Salmonellosis include:
Animals, especially birds and reptiles, can transfer it through their feces as well.
Salmonellosis affects the intestinal tract in humans. Many people with a Salmonella infection have no symptoms. However, others with more severe cases can develop symptoms within eight to 72 hours after eating contaminated foods or drinks.
Common symptoms include:
Some people can recover without medical attention. However, others need prompt medical care to prevent life-threatening complications like dehydration and infection that expand past the intestines.
A severe case of food poisoning requires intense medical treatment. You could have thousands of dollars in medical bills. According to the FDA, medical costs for foodborne illnesses are as high as $83 billion each year.
Salmonella cases are no exception. You may have extensive financial losses due to treatment and the inability to work and function normally for an extended time.
If you can identify the company or party responsible for your illness, you can hold them accountable. You can get compensation for two types of damages: Economic and non-economic.
Economic damages are those that a monetary amount can easily define. They are usually associated with bills, receipts, and out-of-pocket costs. Economic damages include things like medical bills and lost wages.
Non-economic damages are not easily valued. They include things like pain and suffering and loss of consortium. Just because you didn’t lose money on non-economic damages does not mean they do not hold value.
The total value of your Salmonella claim depends on the total amount of losses you have sustained. In general, you can be compensated fully for what you’ve paid in medical expenses, lost wages, and other economic damages. These could be in the thousands of dollars or more.
The value of your claim will also include your non-economic damages. Although the value placed on those may seem arbitrary, there is often a formula or estimate used to determine the value of these. Some insurance companies will offer an amount multiplied by your economic damages.
For example, if you had $50,000 in economic damages, the insurance company may offer you two-and-a-half times that amount for non-economic damages ($125,000). The total value of your claim would be $175,000. However, this is not a guaranteed number, and each case should be evaluated individually.
When you file an insurance claim with the at-fault party’s insurance policy, you will have to provide evidence that they are to blame and evidence for the value of your damages. This evidence is necessary if you want to file a lawsuit to obtain compensation – if the insurance company refuses to make a reasonable settlement offer.
You will need evidence to show the following:
The restaurant’s duty comes from laws. The state health department requires them to maintain a safe and healthy food environment to prevent people from getting sick.
You must collect evidence of the restaurant’s negligence, such as:
Your medical bills, lost wages, and other economic damages prove that you suffered monetary losses due to your illness.
This evidence might seem like common sense, but it must all be stated in legal terms and presented to the court in a specific manner to obtain compensation in a Salmonella lawsuit.
If you or a loved one contracts Salmonella poisoning after eating at a restaurant or other food establishment, contact OFT Food Safety & Injury Lawyers. Our experienced food poisoning attorneys help you recover compensation for your damages.