If you’ve been sickened by contaminated food and decide to pursue legal action, one of the first questions your attorney will ask is: what are your damages? Understanding what you can recover — and how damages are calculated — is critical to evaluating whether a lawsuit makes practical sense. A Clarksburg, WV personal injury lawyer can help evaluate the damages associated with a food poisoning claim and explain what compensation you may be able to pursue based on your circumstances.
Economic damages:
These are your quantifiable, out-of-pocket financial losses — the foundation of any food poisoning claim:
- Medical expenses, including emergency room visits, hospitalization, laboratory tests, specialist consultations, IV fluids, medications, and follow-up care
- Future medical costs, if you’ve developed a chronic condition such as reactive arthritis, irritable bowel syndrome, or kidney disease as a result of your infection
- Lost wages for every day of work you missed during your illness and recovery
- Future lost earning capacity, if your illness has permanently affected your ability to work — for example, if you’ve suffered kidney failure requiring dialysis or developed a disabling neurological condition
Economic damages are calculated with documentation: medical bills, pay stubs, tax returns, and expert testimony from medical and economic professionals.
Non-economic damages:
These compensate for the very real harms that don’t come with a price tag:
- Pain and suffering — the physical agony of a severe foodborne illness can be profound
- Emotional distress, particularly in cases involving hospitalization, life-threatening complications, or witnessing a loved one become gravely ill
- Loss of enjoyment of life, if your illness has prevented you from engaging in activities you previously enjoyed
- Loss of consortium, available to spouses or partners who have lost companionship and intimacy as a result of the victim’s illness
Non-economic damages can be substantial in severe cases — particularly those involving extended hospitalizations, permanent injuries like hemolytic uremic syndrome (HUS) causing kidney failure, or the wrongful death of a family member.
Punitive damages:
In cases of egregious corporate conduct — where a company knowingly sold contaminated food, ignored positive test results, or recklessly disregarded clear safety warnings — courts may award punitive damages. These are designed not to compensate the victim but to punish the wrongdoer and deter similar conduct by others. Punitive damages were central to the litigation following the Peanut Corporation of America outbreak, where executives knowingly shipped Salmonella-contaminated products.
Wrongful death:
When contaminated food kills a person, surviving family members may pursue a wrongful death claim. These claims can recover funeral and burial expenses, the lost financial support the deceased would have provided, and compensation for the loss of companionship and guidance.
The value of any food poisoning claim depends heavily on the severity of the illness, the strength of the evidence, and the financial resources of the defendant. An experienced food safety attorney can give you a realistic assessment.
One important note: damages in food poisoning cases are not capped at your medical bills. Courts recognize that the experience of a severe foodborne illness — the fear, the pain, the disruption to your life and your family’s life — has genuine value. Don’t let anyone minimize what you’ve been through. A thorough damages assessment with an experienced attorney ensures nothing is left on the table. If you have suffered losses from food poisoning, contact Hayhurst Law PLLC to discuss your circumstances and understand what damages you may be able to pursue.
