Following on from last weeks blog regarding food poisoning arising whilst on holiday, we are frequently asked by clients as to whether claiming compensation is worth it and what will be their payout if they succeed with their case.
The starting point in all personal injury claims once negligence has been established is the obtaining of medical evidence. If you have suffered food poisoning, you will be examined by an expert Doctor with considerable experience in preparing medical reports.
The report will address how the food poisoning arose, the symptoms and problems that have arisen since before concluding with a diagnosis and prognosis as to whether the problems complained of will be permanent or temporary. This conclusion is very important as this will be a major factor in determining the compensation which you might receive. How the poisoning has effected your life will also be very important as well. For example, did you take time off work, did help at home, etc.
In determining the level of compensation, there are two factors a lawyer will often consider. The first are the JSB guidelines. These are a series of guidelines updated every few years for every type of injury, by senior judges that cover every type of injury. In food poisoning cases, the JSB guidelines start at £600 rising to £2,600. This level of award would typically be for those cases when symptoms of cramps and diarrhoea lasted for days or weeks.
In very serious cases when there has been a permanent impact on quality of life, symptoms classified as permanent compensation can be as much as £25,000 for the injury alone. Cases reported by Judges at Court will also be used as a reference tool as well to determine a payout.
If you have suffered food poisoning whilst on holiday we can help, call our holiday claim helpline on 01482 429985 or e-mail email@example.com