Some things in life you never want to catch. This includes coming down with Salmonella poisoning. Even a mild case of Salmonella can leave you feeling miserable for a few days. The food-borne illness can have a significant impact on your life.
You’re probably missing work and dealing with medical bills. This brings us to the question of whether you can claim compensation.
The answer may be yes, so what is the available compensation in Florida salmonella claims? We’re taking a look at the types of compensation you may be able to recover if you’re diagnosed with Salmonella.
I’m sharing about this topic because I’m a bestselling wellness author and love to help people to live healthier lives.
Salmonella claims are covered under personal law. So, the same types of compensation available in a car accident case usually apply to Salmonella claims.
Economic damages are always a part of a Salmonella claim. If you can’t show any economic damages you may not be able to move forward with an injury claim. If you’re not sure what counts as economic damage, think of your tangible losses, including:
Some cases of Salmonella poisoning are severe enough that you never fully recover. This may mean modifying your home or vehicle to accommodate your new lifestyle. Dialysis patients occasionally require a wheelchair or other type of mobility assist device. If your home needs renovating or your vehicle, this is also considered economic damage.
Chances are, you experienced pain, suffering, and mental anguish from the Salmonella poisoning. These are considered non-economic damages and you should be able to include them in your personal injury claim.
However, how do you figure out the value of your non-economic damages? After all, your pain and suffering are priceless in your mind but that’s not how the insurance company views your mental anguish.
You and your attorney can use either the multiplier or per diem method to calculate the estimated value of your non-economic losses. Both methods are accepted by the court and insurance companies. Which one is best for you typically depends on a few factors like your average income and degree of suffering.
A quick tip is to use both methods to calculate your non-economic damages. This way, if the insurance company refuses the value of your claim you’re ready with a counter offer. This can help keep the claim process moving along and ensure you receive fair compensation for your Salmonella poisoning.
You can’t list punitive damages on an injury claim. This type of damage is only awarded by a judge or jury when gross negligence is present. This means your case of Salmonella poisoning may have been intentional, though not personal, or the defendant disregarded all reasonable standards of care.
An example of when punitive damages may apply is if a grocer knowingly sold tainted food solely to make a profit. To receive punitive damages you also need to go through a personal injury trial. This isn’t a type of claim you can settle with the insurance provider.
There’s also no guarantee you’ll receive punitive damages even if gross negligence is a factor in your case. This is something to consider as you go through the legal process.
Hopefully, this doesn’t apply to your claim. If it does, this means you lost a loved one to a food-borne illness. Not just anyone can file a wrongful death claim, typically you must either be a spouse, offspring, parent, or sibling.
The executor of the deceased’s estate can also file a wrongful death claim. To learn more about this type of compensation, it’s best to consult with a wrongful death attorney.
You may be able to recover compensation for Salmonella poisoning. This isn’t the type of claim you want to navigate without legal guidance. Your attorney can help you through every step of the claim process and help ensure you receive fair compensation.
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