How to Protect Your Food Poisoning Claim | IL Injury Lawyer

 Posted on February 16, 2026 in Botulism

If you have gotten sick due to a restaurant or food provider’s negligence, you may be entitled to compensation for your damages. However, filing a claim is a multi-step legal process, and small errors can hurt your chances of recovering payment. To avoid these pitfalls, consider working with an Illinois food poisoning lawyer.

Attorney Gary A. Newland of Newland & Newland, LLP has over 30 years of legal experience.  Across his career, he has personally represented many clients in food poisoning actions. Our firm will provide you with hands-on guidance, walking you through each step of your food poisoning claim.

Three Common Mistakes in Food Poisoning Claims

Under Illinois law, food providers have a duty to provide food that is reasonably safe to eat. The Illinois Food, Drug and Cosmetic Act sets standards designed to protect the public from adulterated or contaminated food products. When businesses fail to meet those standards, they can be held liable.

Even so, proving that a particular meal caused your illness requires evidence. If that evidence is lost, proving your claim can be an uphill battle, and it is crucial to avoid making some common but detrimental mistakes.

Not Reporting Food Poisoning to the Health Department

Many people assume that if they recover from food poisoning after a few days, there is no reason to report the incident. That decision can undermine a future claim.

When you file a report with your local health department, it creates an official record. Investigators may inspect the restaurant and determine whether other patrons became sick. If multiple reports surface, that pattern can strongly support your case.

Without a formal report, valuable evidence may disappear over time. Health departments also document outbreaks in real time. That documentation can become critical if the restaurant later denies that anyone else was sick.

Not Seeing a Doctor

Another common mistake people make in food poisoning cases is attempting to "ride it out" at home.

Food poisoning symptoms vary from case to case. Some people may only deal with mild nausea. Others might suffer severe dehydration, high fever, or organ failure. Even if you believe the illness will pass, medical documentation is essential. A doctor’s records establish when symptoms began, how severe they were, and what treatment was required.

From a legal standpoint, medical records connect your illness to the contaminated food. Insurance companies often deflect when confronted with allegations of food poisoning. They may argue that the symptoms were caused by a virus, another meal, or a preexisting condition. Without prompt medical evaluation, those arguments become more difficult to counter.

Delaying care can also make your condition worse. Certain foodborne illnesses, such as E. coli or salmonella, can cause serious complications if untreated.

Not Getting a Formal Diagnosis

Not every case requires extensive testing, but a diagnosis can strengthen your claim. Getting a formal diagnosis may involve stool testing or lab work.

A diagnosis identifies the type of bacteria or toxin involved. That information may align with other reported cases linked to an establishment. Insurance carriers and defense attorneys often scrutinize causation. A documented diagnosis narrows their ability to suggest alternative explanations.

Estimating the Worth of a Food Poisoning Claim in 2026

A food poisoning claim may cover medical bills, lost pay, and pain. Serious cases may also involve long-term health problems. Even a short hospital stay or a few missed workdays can be expensive.

Non-economic damages are commonly overlooked in food poisoning claims. These involve less physical damages, like pain and suffering, or long-term trauma. If a food poisoning incident affects your quality of life, it can be factored into your total payout.

Many people underestimate the value of their case. Some people simply give up and accept the first settlement offer out of frustration. Businesses and their insurers know this. The first settlement offer is unlikely to cover your full damages. Early offers often cover only your present medical bills. They may ignore future care, persistent symptoms, or how the illness affects your day-to-day life.

Calculating the true value of a claim requires thorough review. If you were hospitalized or suffered lasting complications, your damages may be much higher than you expect. Accepting a settlement means you won’t be able to request more compensation later, so think carefully before agreeing to an offer.

Contact an Illinois Food Contamination Attorney Today

Contacting a lawyer soon after suspected food poisoning can help preserve evidence, document your damages, and push back when an insurer tries to minimize what you have been through. Call 312-981-0409 or contact our Illinois food poisoning attorneys at Newland & Newland, LLP to schedule a free consultation.