Some people may not realize it, but they can file a claim if they suffer food poisoning in a restaurant. Most will experience food poisoning at least once in their lifetime. You’d be surprised how often it occurs. You must consult with a lawyer because each case differs, and the details will determine the course of action. Most food poisoning cases fall under product liability.
Let’s have a look at the steps to take after you suffer food poisoning.
Step #1: Visit Your Doctor
After you develop the symptoms of food poisoning, visit your doctor to ensure your life is not threatened, and you have a good chance to smooth recovery. This can also positively impact your case because it provides legal documentation you can use during settlement negotiations or court.
For food poisoning cases, doctors often request blood tests, a stool sample to look at the bacteria from the food, and other analyses. All of this strengthens your case. The sooner that you visit a doctor, the better.
Step #2: Consult with an Attorney
You don’t see many food poisoning lawsuits because even legal professionals find it difficult to prove them. For this reason, most food poisoning cases end up at the negotiating table with a settlement.
The case may become easier if multiple individuals become sick, but they can prove difficult because you must present enough evidence to the court. One example is when several people became sick while eating in the same restaurant. In some circumstances, it may even become a class-action lawsuit.
Step #3: Must Prove Negligence
In cases of food poisoning, you must satisfy the four elements of negligence and prove that it happened. The first element highlights that the restaurant must serve safe food to customers.
Second, you must prove that the restaurant either took action that made the food unsafe or they neglected to take action. Third, you must show proof that the tainted food caused an illness. Finally, you must show proof of damages.
Step #4: Document Everything
Good documentation wins legal cases; you may want to hire an experienced personal injury attorney in Indiana who handles food poisoning cases. The lawyer will assist with preserving and documenting evidence, and they can look at if you have a strong enough case against a restaurant.
They will look at all the potential damages you suffered because of the food poisoning to give you the most compensation. Lawyers in cases like this prove invaluable because food poisoning isn’t the easiest case to take.
Step #5: Investigation Further up the Food Chain
Along with investigating the restaurant, your attorney may look further up the food chain, such as the suppliers. Not only can this hold them legally responsible, but it can prove acts of food poisoning at the restaurant if the supplier violated health codes.
You might check reports online to see if others suffered food poisoning from the same restaurant. In cases where a large supplier had contaminants in their product, and many people got sick, this strengthens your case and makes it easier to prove fault.
Should You File a Lawsuit
Just because you can file a lawsuit doesn’t always mean that you should since lawsuits take time and energy. In addition, they may cost a lot in legal fees, and you may not receive enough to cover them. Therefore, you must take the time to evaluate if you can claim enough legal compensation for medical expenses, pain and suffering, and lost wages.
Courts may award punitive damages in cases where they found that the restaurant acted negligently. That is often where you will receive the most in legal compensation.
Conclusion
Not every food poisoning case will be worth pursuing, but you have situations where it may make sense to take legal action. The average value of a food poisoning case reaches $1.2 million since it looks at various factors.
You don’t want to handle this alone since it requires the expertise of a knowledgeable food poisoning lawyer. Every case differs here because the circumstances may vary greatly.
This post is written by Michael Hawkins
When it comes to educating the public on legal matters, few people are as determined as Michael Hawkins. From discovering issues of interest that concern all of us to offering actionable articles and guides to those in need, Michael is relentless in his journey of helping people make sense of the legal system. With dozens of pieces published in magazines, news outlets, and online journals, Michael is here to translate legalese into plain English so you can understand your rights and make the system work to your benefit.
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