Dog Bite Claims: Compensation Types, the Legal Process and When to Engage a Lawyer
Yearly, over 2,000 Australians are hospitalised as a result of a dog attack — most being children. If you have been injured by a dog
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The short answer: yes. If your food poisoning was caused by negligence and resulted in a serious illness or caused long-term effects, then you may be eligible for compensation. In this article, we’ll cover the ability criteria, process, and compensation types for food poisoning claims.
An estimated 4.1 million food poisoning cases occur annually in Australia — other estimates predict upwards of 5 million. That’s the equivalent of one-sixth of the population facing food poisoning every 12 months.
Most people recover after a few days without any lasting damage. However, some people become seriously ill, with nearly 32,000 hospitalisations and 86 deaths due to food poisoning each year.
If you would like to receive personalised legal advice based on your situation, book a free, no-obligation consultation with one of our personal injury lawyers.
The average Australian eats out at least once per week — that’s a lot of trust put into cafes, restaurants, and other food establishments. Unfortunately, sometimes various issues can lead to foodborne illness, leaving individuals with the following food poisoning symptoms:
A variety of factors can lead to food poisoning. Common culprits include:
Proving that these occurred and that they directly caused harm (foodborne illness or psychological harm) is the foundation of a food poisoning compensation claim. This is because all food establishments have the legal obligation to adopt competent food safety practices — this is referred to as their ‘duty of care.’
There are three main steps for proving a duty of care breach.
Consider how each of the following steps relates to your circumstance.
A qualified lawyer can help you build a strong case and protect your case should you fear any of these factors may apply to your circumstances.
If you’ve experienced food poisoning and suspect negligence on the part of a food establishment, consulting with a public liability compensation lawyer is crucial. Before your initial consultation, gather essential evidence such as medical records, photographs of the food, and any receipts. This information will strengthen your claim and increase your chances of recovering compensation.
If you’re unable to retrieve any evidence prior to your consultation, don’t worry — we advise you to still speak with a lawyer regardless.
Call us for confidential, free advice.
Food poisoning claims are more likely to succeed when multiple people come forward over the same incident. If several diners ate contaminated food at the same restaurant on a particular evening, for example, establishing negligence and foodborne illness causation is easier.
That’s not to say that a successful individual food poisoning case isn’t possible, but it is important to have competent legal representation and trustworthy advice to ensure a favourable outcome.
During your consultation with a food poisoning lawsuits specialist, they’ll offer you free legal information about what compensation you can claim based on the nature and severity of your injuries.
In general, there are two main categories of compensation: economic damages and non-economic damages.
Economic damages focus on the tangible financial losses you incurred as a result of the food poisoning. This can include:
Food poisoning can have a significant impact on your quality of life. Non-economic damages refer to compensation for intangible losses. This may include:
Determining the exact compensation amount for a food poisoning is complex and depends on a few factors.
Things that might influence the final figure, include:
For example, this scenario may be considered highly compensable:
A family of four dines at a popular restaurant. Following the meal, all family members experience severe food poisoning, and two of the young family members are hospitalised due to dehydration. The young children in the family suffered particularly severe symptoms, including high fevers and prolonged vomiting. Medical records document a lengthy recovery period, with one child developing long-term gastrointestinal issues.
In this scenario, multiple victims, severe symptoms, and long-term health consequences contribute to a higher potential compensation amount. The family’s claim may focus on the significant financial burden and physical suffering caused by the food poisoning incident.
It’s important to lean on the expertise of your lawyer to assess your case and advise you on an appropriate compensation amount.
Remember, every case is unique, and the final settlement can vary significantly.
Note that each Australian state differs slightly in how it determines how much compensation you’re entitled to.
Broadly speaking, each piece of legislation details the:
Other pieces of legislation will likely come into play and your legal team can advise you accordingly.
Food poisoning claims are complex, but your personal injury lawyer is there to assist you in navigating the legal process, ensuring that all necessary evidence is gathered, and advocating for your rights to secure the best possible outcome for your compensation claim.
GMP Law can assess your food poisoning claim, inform you on how to proceed and guide you through every step of the legal process.
We’re experts in civil compensation legal action. As Australia’s leading personal injury law firm, we have a 98% success rate with over 25,000 victories and have delivered $4 billion in settlements to our clients. We fight for your rights, putting our resources and expertise into your food poisoning lawsuit to ensure you receive the compensation you deserve.
We can provide you with a free case evaluation and guide you on the best legal path forward. Book a free, non-obligation consultation with one of our compensation lawyers.
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