How Do I Make A Gastroenteritis Compensation Claim?

Gastroenteritis is a term used for the inflammation of the stomach and intestines. Very often a bacteria parasite or virus can cause this condition. The symptoms of this stomach bug can be vomiting and diarrhoea. You can claim compensation for gastroenteritis if you can show your condition was caused by the negligence of a third party that should have been protecting your safety as much as can be reasonably expected.

Gastroenteritis is typically caused by bacteria or viruses. It is an intestinal infection that can be debilitating and could lead to long-term suffering. You can get gastroenteritis by not washing your hands after going to the toilet. In addition, you can get the virus if you come into contact with someone who is suffering from the condition.

Making a gastroenteritis compensation claim guide

Making a gastroenteritis compensation claim guide

Our guide to seeking gastroenteritis compensation explains the symptoms of the condition. We cover how it is diagnosed and treated. Furthermore, we tell you what can cause the condition. You will also find information on how much a gastroenteritis claim could be worth and how the damages are calculated.

We explain how children and the elderly are more at risk of suffering from the condition. Lastly, you will find essential information on how a No Win No Fee lawyer could act on your behalf when you seek gastroenteritis compensation.

To find out more, please continue reading our guide. If you are ready to make a gastroenteritis claim, or you need to speak to an adviser for any other reason, please get in touch on our freephone number 0161 696 9685.

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A Guide On Making A Gastroenteritis Compensation Claim

You may develop gastroenteritis after eating out at a restaurant or when you are on holiday abroad. The condition is often referred to as stomach flu or stomach bug. It is an intestinal infection that is commonly triggered by a virus or bacteria.

You could also develop gastroenteritis if you come into contact with someone else who is suffering from the condition. Another common cause is not washing hands after using the bathroom. Many people contract the condition from eating buffet food when it is left out too long.

There are other causes which we cover later in our guide. When you suffer from gastroenteritis the symptoms can be short-lived, or they may be prolonged. This can lead to long-term suffering. Children are also more at risk given their small size. Elderly people are also more prone to contracting gastroenteritis as are people with compromised immune systems.

Our guide to claiming gastroenteritis compensation explains when a case against a third party could be valid. We explain the difference between food poisoning and gastroenteritis. Furthermore, you will find information on the causes, symptoms, diagnosis, and treatment of the condition in our guide.

Lastly, we offer advice on how to seek legal advice and representation when you claim gastroenteritis compensation. Our guide provides advice on how a solicitor could offer to work on a No Win No Fee basis. We explain how a Conditional Fee Agreement (CFA) works to your benefit.

To discuss your case with one of our friendly advisers, please get in touch on the freephone number at the top of the page.

Gastroenteritis Compensation Calculator

The amount you receive depends on the severity of your condition and how your future well-being is impacted. However, we have provided a table with compensation amounts paid for specific injuries which we have taken from the Judicial College Guidelines (JCG). The JCG is often used in conjunction with a medical expert report to hone in on a value for the suffering caused by your illness.

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Stomach bug/virus Severity Potential awards based on Judicial College Guidelines (JCG) Details
Stomach bug/virus caused by non-traumatic injury Severe £36,060 to £49,270 Severe toxicosis leading to claimants suffering acute pain, fever, vomiting and diarrhoea. Claimants need hospitalisation. Symptoms will continue causing problems with claimant’s ability to work and enjoy life as they did before
Stomach bug/virus caused by non-traumatic injury Serious £8,950 to £18,020 Serious symptoms similar to above but which resolve within 2 to 4 weeks, with some remaining discomfort and disturbance
Stomach bug/virus caused by non-traumatic injury Moderate £3,710 to £8,950 Symptoms will last for a few weeks causing significant discomfort. Claimant could need to be hospitalised for several days. Complete recovery could take up to one or two years
Stomach bug/virus caused by non-traumatic injury Minor Up to £3,710 Symptoms include cramps and diarrhoea that lasts days or weeks

Please note the amounts above are provided as a guideline only. For a more accurate estimate on how much gastroenteritis compensation you could receive, please reach out to a member of our team today.

Damages Awarded For Food Related Illnesses

General damages are awarded to compensate for your pain, suffering, and loss of amenity. However, you would also receive special damages in a successful personal injury claim. Special damages are paid to reimburse your losses and expenses and you must provide proof of both. The evidence could be, receipts for the expenses you incurred, and relevant documentation for your losses. Without these, you may not be able to claim special damages.

The kind of losses and expenses you could claim include the following:

  • Medical costs which cover the cost of prescriptions, medical aids and the cost of private therapy/treatment
  • Travel expenses cover the cost of travelling to appointments whether to a medical facility or to see a solicitor. You can also include parking fees
  • Care costs if you need to be cared for during your recovery
  • Lost income for when you are unable to go to work
  • Loss of future earnings if you cannot work again

To discuss a gastroenteritis compensation claim with a member of our team, please call the freephone number at the top of the page. An adviser will provide free advice and review your case before recommending how best to go forward.

What Is A Gastroenteritis Compensation Claim?

When you develop gastroenteritis after eating out or when you ordered a takeaway, if you can prove that the negligence of the food provider was the cause of your illness you may be able to seek compensation. Providing you can prove negligence on the part of a restaurant, and that your illness meets the requirements you could be eligible to claim compensation. Furthermore, our advisors can not only help with claiming for gastroenteritis within the UK they could also provide free advice if you have suffered this condition abroad.

What Is Gastroenteritis?

Gastroenteritis can leave you debilitated for several days or weeks. It is an intestinal infection that can be passed from one person to another if one of them is suffering from the condition.

Gastroenteritis is also called stomach flu or stomach bug. Strict hygiene standards are a must when providing food and drink to consumers so as not to cause unnecessary illness. Anyone with a compromised immune system is also more at risk.

Gastroenteritis vs Food Poisoning

Gastroenteritis is an intestinal infection with symptoms that include:

  • Diarrhoea
  • Stomach ache
  • Vomiting (not always)

Food poisoning, on the other hand, is caused when you eat food or drink something that is contaminated by toxins or germs.

What Are The Symptoms Of Gastroenteritis?

When you develop gastroenteritis, you would typically experience severe stomach cramps which may be accompanied by other symptoms. This includes:

  • Diarrhoea
  • Vomiting
  • Inability to keep food down
  • Dehydration
  • Feeling sick
  • Lack of appetite
  • High temperature
  • Headache
  • Unable to sleep due to stomach cramps and diarrhoea
  • Exhaustion

What are the immediate symptoms of gastroenteritis?

The immediate symptoms of gastroenteritis are stomach cramps accompanied by other symptoms as detailed above.

What are the long-term symptoms or effects of gastroenteritis?

You could suffer long-term after having contracted gastroenteritis. This is because your microbiome balance can be negatively impacted. The consequence is a decrease in good gut bacteria. You could also develop irritable bowel syndrome (IBS) which is referred to as a post-infectious IBS.

Other long-term complications associated with gastroenteritis although quite rare includes:

To speak to a member of our team about a gastroenteritis compensation claim, please get in touch on the number shown at the top of the page.

Causes Of Gastroenteritis

Gastroenteritis is typically caused by a viral or bacterial infection. The condition negatively impacts the lining of your bowel or stomach. This results in the lining becoming swollen and sore. The result is that it does not work as it should. Gastroenteritis is often referred to as a tummy bug or stomach flu.

Each year studies have found many people suffer from gastroenteritis every year. You can get the condition if you eat food that contains bacteria, parasites, or viruses. If you come into contact with someone who has gastroenteritis, you could also catch it.

People with compromised immune systems, children, and the elderly are also more at risk of suffering from the condition. If you suffer from an underlying health issue, you could be more at risk too. If you become severely dehydrated when you have gastroenteritis, you should seek medical attention as soon as possible.

Typical causes of gastroenteritis include:

  • The rotavirus, norovirus, or adenovirus (more especially in children)
  • Bacteria in food or drink (Salmonella, Escherichia coli, Campylobacter
  • Parasites which includes Cryptosporidium Giardia, and Entamoeba

Other causes include:

  • Eating raw, contaminated or undercooked food (meat, shellfish, or unpasteurised milk)
  • Contaminated water
  • Touch an animal with gastroenteritis

The condition can occasionally be triggered by the following:

  • Certain medication (antibiotics)
  • Ingesting toxins

If you developed gastroenteritis and would like to know whether you have grounds to sue, please get in touch today. A member of our team will provide free advice and review your case before recommending how to proceed.

How To Avoid Gastroenteritis

There are things you can do to avoid getting gastroenteritis which is detailed below:

  • Wash hands after going to the bathroom or changing a nappy
  • Before you eat wash your hands and wash them afterwards too
  • Make sure you wash dirty bed linen and clothing separately
  • Clean toilet seats, and areas around the toilet every day with a strong disinfectant. Do not use the same cleaning clothes elsewhere
  • Do not share flannels or towels with other people

To find out if you could claim gastroenteritis compensation, please reach out to a member of our team today. An adviser will assess your case and provide free advice. Once they find you have grounds to sue for compensation, the adviser could introduce you to a No Win No Fee solicitor.

What Should You Do If You Have Gastroenteritis?

When you are suffering from gastroenteritis you could pass the condition on to other people. We are by no means medical professionals and any information contained is not acting as medical advice.

According to the NHS, You should stay at home until you are feeling better. When a child is suffering from gastroenteritis, it is also recommended they stay home from school so as not to pass on the condition.

If you are on regular medication, it is always wise to check with your GP whether this will be affected. Other things the NHS recommend you should do includes:

  • Stay hydrated by drinking plenty of fluids
  • Get plenty of rest
  • Maybe try small amounts of food if you feel able to
  • Take oral rehydration solutions which are particularly helpful for the elderly, people who suffer from underlying health issues, and younger children. A pharmacist can recommend the right oral rehydration solution
  • Check with your pharmacy or doctor about taking antidiarrhoeal medication
  • A doctor may prescribe anti-sickness medication if you can’t stop being sick

If you become dehydrated or feel unwell, you should go to a hospital to be treated.

When Should You Visit A Doctor?

According to the NHS, you should contact your doctor if the following applies:

  • You are constantly being sick and you cannot hold down fluids
  • There is blood in your diarrhoea
  • Have a fever (high temperature)
  • You lose bowel control
  • Are dehydrated
  • Have just returned from abroad
  • Suffer from a liver or kidney condition
  • Have a long-term health issue, a compromised immune system, suffer from diabetes, or inflammatory bowel disease

We are not medical professionals and are not providing medical advice always contact a doctor if you feel particularly unwell. When a child has gastroenteritis, you must seek medical attention just in case they become dehydrated. You can claim compensation on their behalf as a litigation friend.

To discuss a gastroenteritis claim for compensation with an adviser, please use the freephone number at the top of the page.

Diagnosis And Treatment Of Gastroenteritis

To have your condition diagnosed you would need to see a medical professional. You could contact your GP surgery and ask to speak with a doctor.

Your doctor could ask you the following questions:

  • How long you have been ill, and how often you are going to the toilet and whether you have diarrhoea
  • If there is blood in your poo
  • Whether you are able to drink or eat anything without vomiting
  • How much you are able to drink
  • If you have been in contact with anyone with similar symptoms
  • Whether you have just returned from abroad
  • The medication you are taking

When your GP wants to see you they would typically do the following:

  • Take your temperature, check your heart rate, blood pressure and your breathing
  • Check if your tummy feels sore
  • See if you are dehydrated

Sometimes a doctor may send a poo sample to a laboratory so it can be tested more especially if your symptoms have lasted a long time.

Please reach out to one of our advisers to see if you have grounds to make a gastroenteritis compensation claim. A member of the team can be reached on the freephone number at the top of the page.

Make A No Win No Fee Gastroenteritis Compensation Claim

When you contact a member of our team, they will review your case and offer free advice. Once they have established you have grounds to sue for compensation, the adviser would connect you to a solicitor who offers No Win No Fee terms. The solicitor will send you a Conditional Fee Agreement (CFA). You need to sign and return the contract to the solicitor.

A Conditional Fee Agreement is also called a No Win No Fee agreement and it lays out the T&Cs of the contract. Once the solicitor receives the signed agreement, they can immediately start work on your case without asking you to pay an upfront fee.

A Conditional Fee Agreement provides the following details of the contract between a No Win No Fee solicitor and the client. This includes the following:

  • What you can expect a No Win No Fee solicitor to do when representing you
  • The percentage (this is capped) that you pay them when you receive gastroenteritis compensation
  • You pay the ‘success fee’ to a No Win No Fee solicitor when you receive compensation
  • If you lose your claim, you do not pay a No Win No Fee solicitor.

Why Choose Our Friendly Team

We provide free advice to anyone who contacts us. We also review your claim free of charge. This allows a member of our team the chance to establish you have good cause to sue for gastroenteritis compensation. Furthermore, an adviser will connect you to an experienced No Win No Fee solicitor. This means you can seek compensation without worrying about paying the solicitor an upfront fee.

To find out how we can be of assistance, and to check whether you have good reason to sue for compensation, please contact an adviser on the number below.

Talk To Us

To benefit from free advice and to check if you have good cause to make a gastroenteritis compensation claim, please call a member of our team today. You can contact an adviser by:

Related Guides

NHS guidance to gastroenteritis:

Gastroenteritis NHS advice

Gastroenteritis in babies advice:

Advice on babies with gastroenteritis

Guide to personal injury solicitors:

Do I need a personal Injury solicitor to claim compensation?

Claiming compensation for someone else:

A guide to claiming compensation on behalf of someone else

Information about ‘success fees’:

A guide to success fees

FAQs On Gastroenteritis Claims

To conclude, we have provided answers to four frequently asked questions about gastroenteritis claims which are found below.

Will my gastroenteritis claim go to court?

Most personal injury claims are settled amicably out of court. However, if your case does go to court, an experienced personal injury lawyer could support you throughout the process.

Will I need to visit my solicitor in person?

You don’t have to meet a solicitor when they represent you if you do not want to because you can discuss your case with them over the phone, by email, or even by video conference. In short, you don’t have to use a solicitor local to you when you make a gastroenteritis claim.

Could I claim on behalf of a child?

You can claim on behalf of a child. A court can appoint you as the child’s ‘litigation friend’. This allows you to make court decisions on behalf of a child.

How long do I have to start my claim?

The deadline to starting a gastroenteritis claim is 3 years from the date you became ill. However, there are exceptions call our team for more advice.

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