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This content is for informational purposes only and is not intended to provide legal advice.
The last thing you’re probably thinking about is compensation when you’re suffering from an E. coli infection. Your stomach feels like it’s tied in knots. You’re vomiting, have diarrhea, and maybe even running a fever. All you want to do is rest and wait for the symptoms to finally pass.
However, after a couple of days, you’re, hopefully, starting to feel better. Now, you may be wondering about E. Coli claim damages and compensation. So, what damages can you claim and how do you figure out your compensation amount?
Types of Economic Damages in an E. Coli Claim
While all E. coli cases are different most include the same types of economic damages. If you’re not sure what’s considered economic damage, these are tangible things that come with a predetermined price.
Medical Expenses
Even a mild E. coli infection can still incur medical costs. To determine if you have an E. coli infection and not a bad case of stomach flu, you need to visit a healthcare provider. Your physician will run tests, usually on a stool sample, and this isn’t free.
If the test is positive, you’ll need to pay for treatment costs. Most E. coli infections are treated with antibiotics. However, if you delay treatment, you may be facing an expensive hospital stay. Your E. coli claim can include all of your medical expenses relating to your infection. If long-term care is necessary, this can also be included.
Lost Wages
There’s a good chance you’ve missed at least one or two days of work. After all, it’s almost impossible to focus on any work-related tasks when you’re dealing with symptoms like diarrhea and vomiting. While it’s great to be able to recover at home, you’re also missing out on income that’s probably necessary to pay your bills.
Your economic damages can include any income you lost while sick with E. coli. If your infection is severe enough to prevent you from returning to work or your previous position, you may also be able to claim lost future income. You will need to provide supporting evidence like past pay stubs and medical records, but you may be able to recover some or all of your lost wages.
Types of Non-Economic Damages
Non-economic damages are also commonly included in E. coli claims, and these are damages that are intangible but you can still calculate an estimated value. So, what are examples of non-economic damages?
Your non-economic damages can include things like pain, suffering, mental anguish, and loss of life enjoyment to name a few examples. Since these damages don’t come with a handy price tag, you may feel like leaving them off your claim.
After all, you can easily grab your bills and receipts and know the exact amount of your economic damages. However, skipping over non-economic damages can significantly reduce the value of your E. coli claim.
Taking the time to figure out what your non-economic damages are, and their value, is well worth the time and effort. Your attorney can also help you calculate these damages.
How To Calculate the Value of Your E. Coli Claim
Okay, you already know how to calculate your economic damages. Grab all of your paperwork and a calculator, and in a few minutes, you have the total. This step is the easy one, now, it’s time to move on to your non-economic damages.
Don’t put the calculator away; you’re going to need it. You can use one of two methods to determine the value of your non-economic damages.
The Per Diem Method
The per diem method often gives you the highest monetary value but this isn’t always a good thing in a E. coli claim. Insurance companies rarely want to pay the full value of a claim and using the per diem method can drag negotiations out. With that being said, it may still be a method you want to use.
You take the total of your economic damages and count the number of days you experienced symptoms. The total of your economic damages is multiplied by the number of days. So, your formula will look something like this.
Your economic damages total $100,00 and your symptoms lasted for three days. Your non-economic damages are $300,000 ($100,000 x 3).
The Multiplier Method
The multiplier method also uses the total of your economic damages but this is where the similarities end. Instead of counting how many days you experienced E. coli symptoms, you rate their severity. Using a number system ranging from 1.5 to 5, with 5 denoting severe pain, multiply your economic damages by the severity of your pain.
So, if your economic damages are $100,000 and your pain rating is 2, your formula is $100,000 x 2 = $200,000. The total value of your non-economic damages is $200,000.
Something to consider is using both methods. You can initially submit the higher number to the insurance adjuster. If they refuse to settle, you can counter with the lower number. Sometimes this can make it a little easier to reach an agreement with the insurance company.
Can You Claim Punitive Damages in an E. Coli Case?
You may be able to receive punitive damages but you can’t include it in an E. coli claim. Punitive damages are only awarded in certain lawsuits, which means taking your case to civil court and this can drag out the settlement process. Trials can be long and there are several steps to go through. However, if you can’t reach an agreement in negotiations you may need to file a lawsuit.
Punitive damages are typically reserved for cases involving gross negligence. These damages punish the defendant and discourage others from engaging in the same behavior. Most states also have caps on punitive damage amounts.
Talk To An Attorney About Compensation In Your E. Coli Claim
Working with an attorney is the most effective way to secure fair compensation. Your attorney can assist you in identifying applicable damages and accurately calculating their value.
Should your case go to trial, they will manage all aspects, from meeting filing deadlines to presenting your case before a judge or jury. Their professional guidance can significantly enhance your chances of a favorable outcome, ensuring that every detail is meticulously handled.
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