April 29, 2025
Posted by: OFT Food Safety & Injury Lawyers
Food poisoning can be far more than just an uncomfortable inconvenience. In serious cases, it can lead to hospitalization, long-term health effects, or even death. When negligence causes this harm—whether from a contaminated product, restaurant mishandling, or unsafe food packaging—you may be entitled to compensation. But how is the value of a food poisoning lawsuit determined?
If you or a loved one has been affected by a serious case of food poisoning, it’s important to understand how settlements are calculated and what factors can influence the outcome.
Food poisoning doesn’t affect everyone the same way. While some people recover quickly, others suffer long-term consequences. That variation plays a big role in how much a case is worth. Settlement amounts are based not just on what happened, but on how the illness changed a person’s life.
The legal process requires a clear understanding of the damages involved, whether the case involves E. coli, Salmonella, Listeria, or another harmful pathogen.
Different foodborne pathogens can lead to different outcomes, and some carry higher risks than others. Common types of food poisoning that lead to lawsuits include:
The type of pathogen involved can affect the medical consequences—and in turn, the potential settlement amount.
Symptoms of food poisoning range widely, from short-term gastrointestinal issues to life-threatening complications like kidney failure or miscarriage. Cases that involve long hospital stays, permanent damage, or death are more likely to result in higher settlements.
When determining the value of a food poisoning claim, there is no one-size-fits-all formula. Multiple variables come into play, including medical expenses, proof of negligence, and how the illness affected your daily life.
One of the biggest drivers of settlement value is the cost of medical care. This includes:
A significant medical intervention claim will generally result in a higher settlement.
Many food poisoning victims are unable to work during recovery. If the illness causes you to miss time from your job—or leaves you with a permanent disability that affects your ability to work—those financial losses can be included in your claim.
In severe cases, compensation may cover loss of future earnings and reduced earning capacity.
Food poisoning cases also account for non-economic damages like:
These damages are subjective but very real—and they can significantly increase a settlement when properly documented.
Proving that a specific food product or establishment caused your illness is essential. This often involves:
The stronger the evidence linking your illness to a negligent party, the better your chances of a successful claim and higher compensation.
In some cases, punitive damages may be awarded if a food manufacturer or restaurant acted with extreme negligence or knowingly served contaminated food. These are meant to punish bad behavior and deter similar conduct in the future. While less common, punitive damages can dramatically increase the value of a case.
If you’ve been seriously sickened by food contaminated due to someone else’s negligence, a lawyer can help you explore your legal options and pursue a fair settlement. An experienced food safety attorney can investigate the source, gather evidence, and fight to get compensation for the full scope of your damages.
At OFT Food Safety & Injury Lawyers, we understand the impact foodborne illness can have on your life. We’re here to help you hold the responsible parties accountable and recover the compensation you deserve.
Every food poisoning case is different, and so is every settlement. If you’re wondering what your case might be worth, don’t guess—talk to a team with proven results in food safety litigation.
Call (888) 828-7087 or fill out our online contact form today for a free, no-obligation consultation. Let OFT Food Safety & Injury Lawyers fight for your recovery.
