Value of a Food Poisoning Lawsuit – Salmonella E-Coli Infection Claim

Value of a Food Poisoning Lawsuit – Salmonella E-Coli Infection Claim

Our law firm receives frequent requests for legal representation from victims of food poisoning. There are many common questions victims of serious injuries including food contamination injuries asked our attorney during their initial legal consultations. One of the most frequent questions asked by clients is, “how much is my case worth,” or “what is the value of my case.”

Every case is different comprising of a unique set of factors thus making a calculation for the estimated compensation amount difficult to establish without a thorough case analysis by an experienced and knowledgeable legal practitioner.

However there are several factors which play a significant role in the potential value of a food contamination case. Those factors are presented below. If you have any further legal questions and would like to schedule a free no cost case legal analysis of your case contact our food poisoning law firm toll free (855)385-2529.

Factors in Estimating the Potential Average Settlement Value of a Food Poisoning Lawsuit

1. Severity of the Injury Incurred: The most important factor in determining the estimate value of a personal injury claim is the severity of the food poisoning. In the majority of cases individuals suffer mild symptoms of fever, dehydration, and gastrointestinal issues lasting a few days. However, many individuals suffer severe medical complications resulting for food borne illnesses lasting weeks at a time. According to the CDC 128,000 out of the total of 48 million food poisonings victims required hospitalizations. A further 3,000 individual each year die due to food-borne contamination. The severity of injuries can be evidenced via the use of hospital records, medication and prescription drug costs and the cost of rehabilitation care.
Some of the most severe food borne illnesses include:

  • Botulism
  • E. Coli
  • Listeria
  • Norovirus
  • Salmonella
  • Staph Infection

2. Requirement for Life Time Care – Disabled Care Costs: Sadly in severe instances of food poisoning victims suffer from long term or permanent effects rendering them unable to care for themselves. Victims are entitled to compensation for future medical and rehabilitation costs including, life care expenses, transportation, nursing home care, doctors appointment and medications.

3. Lost Time at Work – Loss of Future Earning Capacity: Pay stubs can be used as evidence in evaluating the amount of salary lost due to inability to work resulting from a food poisoning incident. In some instance victims of food contamination are unable to go back to work because they have contracted a virus or bacteria which may be contagious. Under such circumstances vocational experts will be brought in to decipher the estimated loss of future earning sustained by a victim.

4. Pain and Suffering Associated with Food Poisoning: Most jurisdictions across the United States allow juries to place a monetary value on the ordeal of pain and suffering experienced by a victim. Pain and suffering including not only the physical pain experienced by emotional trauma manifesting itself in symptoms of PTSD, (post traumatic stress), anxiety, and depression.

5. Establishing Causation: It is difficult to prove causation in food poisoning lawsuits. Evidence of improper acts resulting in food borne contamination often include, improper holding temperatures of potentially hazardous foods, improper cooling of potentially hazardous foods, inadequate cooking of potentially hazardous foods, poor personal hygiene of food employees, contaminated equipment, food from unapproved sources.

FREE Legal Assistance – Second Opinion on Your Case

Many personal injury law firm lack the experience and qualifications necessary to maximize the potential settlement or verdict of food poisoning claim. If you have suffered severe harm due to food poisoning and would like to learn more about the potential value of your claim contact our law offices. All consultations are completely confidential and free of charge.

Further Information:

Statute of Limitations for Filing a Lawsuit

How to File a Lawsuit Against a Restaurant for Food Poisoning


Purchased packaged Oscar Mayer chicken on 12.27.14 that had a use by date of 12.13.14 but did not realize it was already expired when eating the chicken the same day of purchase. became extremely sick including stomach, fever body aches etc…. I am in recovery at this time still have some effects of sickness to overcome. I went to Walmart and filed a incident report today and the manager admitted to lack of rotation of shelf stock and have documentation in both purchase and product in my possession including incident report from Walmart.


I got hickory farms summer sausage for Christmas. It does not expire for two months, but it appears undercooked and my coworker and I got violently ill from eating it. I still have it in my fridge….


I had a walmart pizza on friday and that nite me and my son puked he is better now but i still have been puking for almost a week now I have a doctors appt next week to see what she says every time i eat i puke it back up so i am unsure if I should go to er since it been almost a full week and still puking if it is food poisioning is there anything i can do to make them pay me for suffering


I ate at a new wasabi joint and I’ve been puking all morning. Couldn’t sleep because of all the discomfort!!!


I ate a marketside supreme pizza on wednesday that i just saw today was recalled from walmart because they contain listeria….should i be worried?what can i do?im going to the hospital n check myself on monday.


I cooked my can glory GREENS and started eating them the I tasted some nasty n then I look at my fork again n it was a crawfish head in there


We brought baby carrots on August 07, 2017 and we ate it on August 10, 2017 but its rotten. But its expiration date is till September 24, 2017.


I purchased a Lemon Pie. I ate Cyrus O Leary’s pie Lemon Maringue Pie from WINCO Food Store. It said on the label filling and maringue made with extra eggs for richness, must be refridgerated. But pie was placed on a table for sale. I ate one slice and was planning on eating more. I stayed in the bathroom for real 5 days, loss control of body functions oral and behind. Ruined the matress, missed a week of work. Three weeks to eat. Loss ten pounds, when able to travel visited the doctor and returned pie. Store offered $1000.00 so far.

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