Serious injuries and accidents often result through no fault of the injured party, yet the injured victim suffers from life altering physical, mental and financial losses. Such economic and human losses can have devastating financial consequences on individuals and families if not properly compensated. Tort law allows those individuals to seek just legal recourse through personal injury lawsuits.
According to the most recent data collected by the CDC, the majority (64 percent) of serious food poisoning outbreaks are caused by food prepared at restaurants, catering events or banquet facilities.
A legal claim against a company is likely to get a fast settlement if you hire an experience personal injury attorney. Filing a lawsuit indicates to the company that you are prepared to prove with sufficient evidence that their negligence caused a serious illness.
A legal claim also communicates to the company that you have an attorney that is willing to fight the company for however long it takes to win rightful compensation.
Once an injury claim is filed, an attorney can take legal steps to obtain relevant corporate and health department documents to help bolster a food poisoning case. Without a lawsuit, it may be difficult to get important company information. At this point, an attorney can interview restaurant employees, management, and other people involved to get additional information.
If you fall seriously ill, you may not be the only one. You may be part of an outbreak that must be contained for the sake of public health safety. Local health departments should know if you are part of an outbreak. People sickened in an outbreak may be able to seek settlements from the company that owns the restaurant.
Whether you get food poisoning from a restaurant or from contaminated food directly from a distributor, contact an attorney to find out if you have a case to sue for rightful compensation.
Food poisoning occurs when the contaminated food enters the production line — any point during the growing, harvesting, processing, storage, shipping or preparation of the food product. Often cross-contamination and national or international distribution multiply the impacts of a single food outbreak.
The most hazardous culprits include raw foods of animal origin, such as raw meat, poultry, shellfish, uncooked eggs, and unpasteurized milk. Raw fruits and vegetables can also be a concern. Even foods like corn or cereals can contain high levels of mycotoxins, produced by mold on grain.
To protect your legal rights after falling ill from food poisoning, it is important that a medical professional test a urine, blood and stool sample to determine the specific pathogen (bacteria, virus or parasite) that made you sick.
This can narrow down where and how you were affected. Bacterial cells must be sent to a laboratory for genetic testing, and the results will be crucial evidence for a plaintiff. If you have any questions about the important lab testing or legal procedure, contact The Lyon Firm for information.
If the DNA patterns match, this is important evidence that can lead to a successful legal claim. Once you have medical evidence on your side, a personal injury attorney can advise you how to proceed against the negligent party that caused the illness.
Leftover food is sometimes tested to find out if it is contaminated. In some disease outbreaks, lawyers and health officials have gathered leftover food suspected of being the source of an illness. It is important to talk to a lawyer before throwing out leftover food from a restaurant.
Specific treatment for food poisoning depends on the severity and the source of the illness, if known. For most people, the illness resolves without treatment within a few days, though some types of food poisoning can last much longer. Treatment may include: