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Posted by: OFT Food Safety & Injury Lawyers

Food poisoning cases can vary, but you can expect to get compensation when your illness is caused by someone’s negligence. When someone else is responsible for your suffering and damages, you can pursue a claim to recover financially so you can recover physically.

Understanding what kind of compensation is available in your case can be challenging. These claims can be complex. This blog will explore what you can receive in a lawsuit and how to pursue your claim.

Types of Compensation in a Food Poisoning Lawsuit

The compensation available in a food poisoning lawsuit will vary case by case. Not everyone will receive the same amount of money, but these are the typical kinds of damages you can recover in a food poisoning personal injury claim.

Medical Expenses

One of the primary forms of compensation in food poisoning lawsuits is the reimbursement for medical expenses. This includes:

  • Hospital Visits: Costs associated with emergency room visits, hospital stays, and any necessary medical procedures.
  • Treatments and Medications: Expenses for medications, therapies, and ongoing medical treatments required to recover from the food poisoning.
  • Ongoing Care: Coverage for long-term medical care if the food poisoning has caused lasting health issues.

Lost Wages

When food poisoning leads to missed work, victims can seek compensation for lost wages. This includes:

  • Time Off Work: Reimbursement for the income lost during the period of illness and recovery.
  • Future Lost Earnings: Compensation for any potential future income lost if the food poisoning results in long-term disability or affects the victim’s ability to work.

Pain and Suffering

Food poisoning can cause significant physical pain and emotional distress. Victims may be entitled to compensation for:

  • Physical Pain: Damages for the physical discomfort and suffering endured during the illness.
  • Emotional Distress: Compensation for the mental anguish and emotional trauma caused by the food poisoning.

Loss of Enjoyment of Life

When food poisoning has long-term effects that reduce the quality of life, victims can claim compensation for:

  • Reduced Quality of Life: Damages for the inability to enjoy daily activities and hobbies as before the illness.
  • Examples: Cases where victims can no longer participate in physical activities they once enjoyed due to lasting health issues, like reactive arthritis.

Wrongful Death

In the most severe cases, food poisoning can be fatal. Families of the deceased may seek compensation for:

  • Funeral Expenses: Costs associated with the burial or cremation of the deceased.
  • Loss of Companionship: Damages for the emotional loss and companionship provided by the deceased.
  • Financial Support: Compensation for the loss of financial support the deceased would have provided.

Factors Affecting Compensation Amount in a Food Poisoning Lawsuit

There are some factors that can change the amount of money you can recover in a food poisoning lawsuit. Discussing these unique factors with your attorney can help ensure you calculate an accurate settlement amount.

Severity and Duration of the Illness

The severity and duration of the food poisoning directly influence the compensation amount. More severe and prolonged cases typically result in higher compensation due to greater medical expenses and more significant impact on daily life.

For instance, while a typical bout of salmonella may last for a few days, you could have lasting symptoms that would greatly influence the amount of compensation available.

Evidence Linking the Food Poisoning to a Specific Source

Strong evidence that links the food poisoning to a specific source, such as contaminated food from a restaurant or manufacturer, is crucial. This includes medical records, laboratory test results, and any other documentation that supports the claim.

Impact on the Victim’s Daily Life and Long-Term Health

The extent to which the food poisoning affects the victim’s daily life and long-term health is a critical factor. Cases where the victim suffers from ongoing health issues or permanent damage can lead to higher compensation amounts.

For example, some e. coli victims may develop a condition that shuts down their kidneys. A claim would be their best way to get compensation for the illnesses’ lasting consequences.

How to Pursue a Food Poisoning Lawsuit

Even before you’ve received medical care and have recovered from your bout of food poisoning, you should consider a claim for your illness. Following these steps will give you a better chance at a positive resolution.

Consult a Lawyer

The first step in seeking compensation is to consult with an experienced food poisoning lawyer. During this initial consultation, the lawyer will evaluate the details of the case, advise on the potential for compensation, and outline the next steps.

Start Your Investigation and Gather Evidence

The lawyer will conduct a thorough investigation to gather evidence supporting the claim. This includes obtaining medical records, identifying the source of contamination, and collecting any other relevant documentation. Timely legal action is essential to ensure that evidence is preserved and the claim is filed within the statute of limitations.

File Your Claim

Once the evidence is gathered, the lawyer will file a food poisoning lawsuit on behalf of the victim. This process involves drafting legal documents, submitting them to the court, and notifying the defendant. The lawyer will also handle all communications and negotiations with the opposing party.

Pursue a Settlement Or Go to Trial

Many food poisoning cases are resolved through settlement negotiations, where the parties agree on a compensation amount without going to trial. However, if a fair settlement cannot be reached, the case may proceed to trial, where a judge or jury will determine the outcome.

The lawyer will represent the victim throughout this process, advocating for their best interests and aiming for the maximum possible compensation.

Get Help With Your Food Poisoning Lawsuit from OFT Food Safety & Injury Lawyers Now

Food poisoning is more serious than just an upset stomach. The lawyers at OFT Food Safety & Injury Lawyers understand how devastating food poisoning cases can be, and we’re ready to hear your story and help you pursue the compensation you need to recover.

We’ve helped many clients fight for justice after a food poisoning case, and we are ready to thoroughly investigate your claim to ensure you get the restitution you truly deserve.

Call 888-828-7087 or schedule your consultation with our online form now.

Notable Recoveries

$10 million

Seven infants were sickened after consuming a contaminated food product marketed to infants

$6.5 million

Verdict on behalf of a little boy who contracted a severe Salmonella infection from chicken

$7.55 million

Verdict on behalf of a little girl who contracted E. coli at a petting zoo

$2.25 million

E. coli infections contracted from a major fast food chain

$45 million

An over-the-counter medication caused severe kidney damage to multiple users

$3.4 million

A pregnant woman contracted a Listeria infection from contaminated fruit and passed the infection to her child

$3 million

Multistate Cyclospora outbreaks


A couple contracted Salmonella from a restaurant


A pedestrian was struck by a left-turning car, fracturing her tibia


A semi-truck rear-ended a motorcyclist causing a collapsed lung, rib fractures and road rash