What to Do if You Are Contacted by a Restaurant’s Insurer

 Posted on February 27, 2026 in Food poisoning claim

In the early stages of a food poisoning claim, it’s fairly common for a restaurant’s insurance company to reach out to the person filing the claim. While this may not seem like a major concern, this is actually where many people hurt their own claims. An Illinois food poisoning attorney can help you avoid common missteps and speak on your behalf during negotiations with the insurer.

At Newland & Newland, LLP, we have years of experience handling food poisoning claims, having secured millions in compensation from nationwide and local outbreaks. We will guide you through the process of filing a claim, advising you on how to respond when an insurance adjuster reaches out.

Is it a Bad Idea to Talk to the Insurer in a Food Poisoning Claim?

In most cases, it is not a good idea to speak with the insurer alone.

Insurance companies work for the restaurant, not for you. Their goal is to protect the business and limit what they pay. They may ask questions in a way that makes you doubt yourself. They may try to suggest that you ate or did something else that caused your illness. They may ask for a recorded statement. That statement can later be used to challenge your claim.

Food poisoning cases often depend on timing, symptoms, and medical proof. A simple comment like "I felt a little sick earlier that day" can be taken out of context and used to argue that the restaurant was not at fault.

Illinois law allows injured people to seek compensation when a business sells unsafe food. Under the Illinois Food, Drug and Cosmetic Act, food offered for sale must be safe for consumption. If a restaurant serves contaminated food, it may be held responsible for any resulting injuries and other damages. 

What Does a Food Poisoning Attorney Do During Negotiations for Compensation?

Food poisoning claims can be harder to prove than people expect. You must show that the food was contaminated and that it caused your illness. That often requires medical records, lab results, and sometimes reports from the health department. Our attorneys can help gather the right evidence, including:

• Medical records confirming a diagnosis such as salmonella, E. coli, or norovirus
• Receipts or credit card statements showing where and when you ate
• Health department reports linking your illness to a known outbreak
• Witness statements from others who got sick after eating the same food

Your lawyer can also calculate the full value of your claim. Many people focus only on hospital bills. However, food poisoning can lead to lost wages, ongoing medical care, dehydration, and in severe cases, long-term digestive problems. Children, older adults, and people with weak immune systems may suffer more serious harm. During negotiations, our firm can speak directly with the insurer. This helps avoid easily preventable mistakes. It also sends a clear message that you are serious about your claim.

What if I Get an Early Settlement Offer for a Food Poisoning Claim?

It is common to receive a quick settlement offer. The insurance company may offer to pay your emergency room bill and a small amount for inconvenience. At first, this may seem helpful. However, early offers are often lower than what your case is worth.

Food poisoning symptoms can worsen over time. Some infections lead to complications days or even weeks later. If you accept a settlement too soon, you usually must sign a release explaining that you give up your right to ask for more money later, even if your condition gets worse.

Before accepting any offer, it is important to understand the full extent of your injuries. An attorney can review the offer and compare it to your actual damages. If the offer is unfair, our food poisoning lawyers can push for more or take the case to court. Once you sign, you cannot go back. Taking time to review your options can make a big difference.

Who Should You Call After a Food Poisoning Incident in 2026?

If you believe you got sick from a restaurant, your first step should be medical care. Your health comes first. A doctor can document your symptoms and order tests that confirm the cause.

You should also report the incident to your local health department. This step is very important. Health departments investigate outbreaks and inspect restaurants for safety violations. Your report could help prevent others from getting sick. Restaurants and their insurers do not want news of an outbreak to spread. More reports can lead to inspections, fines, and additional claims. That is one reason insurers may try to resolve claims quietly and quickly.

By reporting the illness, you create an official record. This record can support your case and alert the public.

Contact an Illinois Restaurant Poisoning Attorney 

Food poisoning can lead to days of pain, missed work, and serious medical concerns. At Newland & Newland, LLP, our team will listen carefully to what happened, review the facts, and explain your rights under Illinois law. Call 312-981-0409 or contact our Illinois food poisoning attorneys to schedule a free consultation.