If you are suffering from a case of food poisoning and are extremely sick, it’s possible you may be eligible to a compensation claim under public liability law.
Shine Lawyers are food poisoning compensation claim experts, who can advise you of your rights, and help you start a claim.
What are the symptoms of food poisoning?
Food poisoning or Salmonella poisoning symptoms can vary depending on how you’ve been infected.
The most common symptoms include:
- diarrhoea (or diarrhea)
- abdominal pain
Do I have a food poisoning claim?
Whether or not you have a food poisoning compensation claim depends on a number of factors, such as how severe your sickness is and the impact it has had on your life.
Without knowing the facts of your particular situation it is hard to give you an idea of your ability to make a claim. A food poisoning lawyer will be able to let you know quickly and easily, once they know more about your situation.
The food poisoning compensation claims legal process
Food poisoning or Salmonella cases typically fall under the area of public liability law, a highly specialised area of law for which Shine Lawyers are experts. No two food poisoning cases are the same. However the below video provides a simple guide to the compensation legal process so you know what to expect when you bring a claim for compensation:
How food poisoning compensation is calculated
Depending on the nature of your food poisoning claim, in most instances a monetary value is placed on the gap between your predicted life path before the poisoning, and your actual life path since the poisoning.
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Common questions about Food poisoning lawyers
Food poisoning compensation claims generally fall under public liability law, which means your lawyer generally has to prove:
- That the person or company at fault owed you a duty of care – they had an obligation to take measures to prevent harm.
- The person or company failed to take this duty of care.
- As a result, you were hurt and suffered loss.
A lawyer will be able to explain what this means in more detail once they know the facts of your situation.
Following a successful claim, it’s typically the insurance company of the person or business at fault that will pay you the compensation.
The company or person at fault for your poisoning usually won’t pay out of their own pocket.
No two food poisoning or Salmonella cases are the same, because the impact on your life can be vastly different to the impact on another person who suffered the same poisoning.
Typically, compensation can be claimed for:
- Past and Future medical expenses
- Past and future loss of earnings
- Pain and suffering as well as loss of enjoyment or quality of life
- Care and help provided by friends, family, or any other individual.
A lawyer will be able to tell you what you’re likely to be able to claim and how much you’re entitled to.
The amount of compensation you are entitled to really depends on a number of factors, such as the extent of your sickness and the impact it has had on your life.
Once a lawyer knows a bit more about your situation they should be able to give you a good indication of how much you could expect.
How long a claim takes can differ depending on the extent of your suffering and facts of the case. Complex cases can take many months to resolve – it just depends on the situation.
A lawyer will be able to give you a good indication once they know about more about your case.
Under public liability law in Australia, time limits for bringing forward a food poisoning claim vary from state to state.
It’s very important you seek legal help as soon as possible after your food poisoning, otherwise you may forgo your right to make a claim.
We work on a No Win No Fee basis for all food poisoning cases, so you’ll only pay our fee if we win your case at the end of the claim.
Our costs depend on the amount of work required to resolve your claim, and every food poisoning case is different. A lawyer will be able to advise you of the costs associated once they know a little bit more about your situation.
It is possible to legally represent yourself when making a compensation claim. Doing so successfully will likely require a thorough understanding of the law, your legal rights and entitlements, and a commitment to actively pursue the case to move it forward.
Most people making food poisoning compensation legal claims choose not to act for themselves and instead engage an expert compensation lawyer. The best compensation lawyers can provide the knowledge and experience required to help guide a case to a successful outcome.
Shine Lawyers have food poisoning compensation experts throughout Australia. As part of our service offering, home or hospital appointments can be arranged at your convenience.
Our compensation experts are in the following locations:
New South Wales
- Gold Coast
- Hervey Bay
- North Lakes
- Stones Corner
- Sunshine Coast
Shine Lawyers have expert No Win No Fee lawyers that can help you determine your rights and ability to bring forward a claim a food poisoning claim for compensation. The below links contain further information about your legal options.
Shine Lawyers also have accredited specialists in personal injury law in:
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