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12/01/22   |   By

Can You Claim Compensation For Food Poisoning?

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Food poisoning is an illness you get from contaminated food that has harmful bacteria. According to the U.S. Food and Drug administration, there are about 48 million foodborne illnesses every year. The illnesses result in at least 128,000 hospitalizations and 3,000 deaths. Food poisoning is a serious illness and should not be taken lightly.

If you were a victim of food poisoning due to the negligence of someone else, you have the right to file a claim for compensation. Why? Because you should never have to pay, (with your health or your money!) for someone else’s negligence. At Regan Zambri Long our food poisoning lawyers are passionately committed to seeing justice served. We cannot change what you went through but we can build a successful case and secure a fair settlement.

Who Can I Sue for Food Poisoning?

If you contracted food poisoning then you have grounds to sue all negligent parties that made you sick. This includes suing a restaurant for food poisoning, suing a grocery store, fast food restaurants, a food processing company, a wholesale distributor, a retailer, or even a friend.

Food poisoning claims can get complicated quickly and have many different parties involved. You should seek legal counsel with an experienced attorney as soon as possible. A Regan Zambri Long food poisoning lawyer will be able to guide you through the claims process and make sure all negligent parties are held accountable.

Product liability

Legally speaking, food poisoning lawsuits mainly fall under product liability claims. A product liability claim is when you were sold a defective product that injured you or made you sick. In the case of food poisoning, the product was the harmful food sold to you. This could include unwashed vegetables, uncooked meat, seafood like clams or raw oysters, and any other food that is not safe for consumption.

You always have the right to file a personal injury claim against a party that sold you a product that caused you harm. During your free initial consultation, a food poisoning lawyer will assess your situation and move forward with a product liability case against the negligent party or parties.

How to Prove Your Food Poisoning Case

At Regan Zambri Long, we make certain promises to our clients. The first is that we will work diligently to build a successful caselawyers discussing case work around conference table to recover compensation for you and your loved ones. The second is that we will include you in every single step of the process. You will never be left in the dark. This is your life, your time, and your financial future. You have the right to know everything that’s happening with your case.

To empower you with as much knowledge as possible, here is an insight into the process of proving a food poisoning claim. There are four steps:

Duty

The first step in any personal injury lawsuit is proving that the defendant (the party or parties you are suing) had a legal duty to you. Let’s take a restaurant as an example. Perhaps you went out to eat at a restaurant in Washington DC and came down with food poisoning.

In Washington, DC, as well as Maryland and Virginia, restaurants have a legal obligation to make sure their facilities are kept clean and sanitized. Refrigerators and freezers must meet the minimum temperature requirements. Cooking appliances must meet the standards for safety and cleanliness at all times. All restaurant employees must follow state and federal health and sanitation laws while on duty in the restaurant. Each restaurant has a duty to follow these laws to protect patrons against food-borne illnesses.

Breach of Duty

The next step in the food poisoning lawsuit process is proving that the defendant failed to meet the duty they had to you with a negligent action or inaction. In our example of restaurant food poisoning, perhaps the restaurant employees practiced poor hygiene. They did not wash their hands regularly. Or perhaps other state or federal regulations were ignored and there was cross-contamination of food, improper food handling, foodborne bacteria, or contaminated food products.

Negligence at any level of the restaurant industry could lead to patrons eating contaminated food, causing foodborne illnesses. The Regan Zambri Long law firm will investigate each position at the restaurant, from chef to host, to discover who committed a breach of duty and caused you and your family harm.

Direct Cause

The next step of the food poisoning case is proving that the food poisoning was the only cause of your foodborne illness. Let’s go back to our example of suing a restaurant for food poisoning. Your Regan Zambri Long lawyer must determine that your food poisoning came from the restaurant you are filing a claim against. If there is any question that you could have gotten sick anywhere else, you may not have a claim against that restaurant.

The key to winning a personal injury claim against a defendant is knowing who the defendant is. Your Regan Zambri LongRegan Zambri Long lawyers seated at table attorney will make sure the liable person or persons are properly identified.

Our lawyers at Regan Zambri Long will make sure we prove that the single and only reason you are sick is because of the negligent employees at the restaurant. We will work tirelessly to build a case that will secure a fair settlement.

Damages

Finally, the last piece of the food poisoning lawsuit puzzle is the amount of damages you will collect. Damages are awarded to the victim to help pay for medical expenses like emergency room visits, antibiotics, lost wages, hospital bills, and emotional distress.

Our law firm is known throughout Washington DC, Maryland, and Virginia to have the leading food poisoning lawyers on our team. We are experts in the U.S. Food and Drug Administration rules and regulations. We understand the DC Metro Area court systems, as well as various insurance policies. We are confident we can secure the highest amount of compensation to offset the damages incurred by the foodborne illness you suffered.

Reach out to a Regan Zambri Long food poisoning lawyer today for a free consultation. We will walk you through the claims process and get your case started.

Food Poisoning Class Action Lawsuits in Maryland, Virginia, and Washington, DC

The DC Metro Area has seen its share of lawsuits for food poisoning. In 2010, a food poisoning lawsuit was filed against an apple orchard for a recall due to a potential E. coli infection. In Virginia, two men filed a food poisoning case against the popular fast-food chain, Chipotle. Food poisoning cases in Washington, DC include lawsuits for salmonella and Norovirus breakouts.

If you are part of a larger outbreak of those who suffered an illness due to food contamination, call the Regan Zambri Long law firm today. We will file a class action suit on your behalf and on the behalf of the other people sick with food poisoning because of someone else’s negligence.

Frequently Asked Questions About Food Poisoning Claims

Q: How much are food poisoning cases worth?

A: There isn’t an exact estimate on how much your food poisoning suit will be worth. It all depends on the severity of your illness and how the illness affected your life. The Regan Zambri Long lawyers will negotiate the highest settlement possible with the insurance company.

For your legal claim, we will pursue economic damages. Economic damages are compensation awarded to the victim for objective monetary losses. This includes current and future medical bills, lost wages, and loss of earning capacity. We pursue the highest amount of compensation possible to make sure you have time to heal without having to worry about rushing back to work. We strive to make sure all your bills are covered and will be covered in the future.

The second type of damages we will work to recover is non-economic damages. This type of compensation is awarded for non-monetary losses like pain and suffering, inconvenience, and emotional distress. An illness like food poisoning is extremely uncomfortable and potentially life-threatening. We will make sure you are compensated for the severe discomfort and distress the illness put you through.

Q: How do I diagnose food poisoning?

According to the Centers for Disease Control and Prevention, the severity of food poisoning depends on the germ you swallowed when you consumed the food that made you sick.

While some cases of food poisoning can be mild (you experience only a sour stomach, nausea, and a few uncomfortable days), other cases can be quite severe. More mild cases of food poisoning symptoms can include:

  • Stomach cramps
  • Nausea
  • Vomiting
  • Diarrhea
  • Fever
  • Weakness

Severe food poisoning cases may include:

  • Bloody diarrhea
  • High fever
  • Frequent vomiting that leads to dehydration
  • Dehydration that includes little or no urination, dry mouth, dizziness
  • Diarrhea lasting more than 3 days

If you have any of these symptoms, the most important thing you can do is seek medical attention. Your doctor will conduct different tests, like blood tests and stool tests, to determine the diagnosis. He will do a physical examination and check for signs of dehydration. If an infectious organism is found, your doctor will contact your local health department to make sure your food poisoning is not linked to an outbreak.

Rehydrating your body after a bout of food poisoning is the key to feeling better. Your doctor will start you on fluids and electrolytes to replace the fluids that you lost while you were sick. If you experience severe symptoms, you may need to be hospitalized so you can receive fluids intravenously.

If you have a certain kind of bacterial food poisoning such as Listeria, your doctor will prescribe antibiotics. In severe cases, the antibiotics will need to be administered intravenously while the patient is in the hospital.

Seeking medical treatment from medical providers is not only the best thing you can do for your health, but it is also extremely important for your food poisoning lawsuit. Your personal injury attorney will need a lab-confirmed positive test that shows the specific pathogen that made you sick. Without that, it will be more difficult to prove your case.

Q: Which foods run the biggest risk of contamination?

A: Poultry is one of the biggest culprits of food poisoning. Eating raw or undercooked poultry is very dangerous because of two different bacteria: salmonella and campylobacter. Fruits and vegetables – especially leafy greens like spinach, lettuce, and cabbage – can carry E. coli, salmonella, and listeria. Seafood that hasn’t been stored at the right temperature can cause a severe bout of food poisoning.

Most people wouldn’t think of it, but rice can also be a high risk for food poisoning. Uncooked rice can be contaminated with Bacillus cereus, a bacteria that causes food poisoning. Deli meats are also risky and can be contaminated with listeria and staphylococcus. This is why doctors warn pregnant women against eating deli meat.

Dairy, eggs, and sprouts have also been the source of severe illness. If you experience food poisoning from any of the aforementioned foods, contact a Regan Zambri Long attorney to file a food poisoning lawsuit.

Q: How can Regan Zambri Long help my case?

A: You are not required to have legal representation during your personal injury lawsuit. You can represent yourself during negotiations with the insurance company and in court. However, not having representation will significantly reduce your chances of fair compensation.

Insurance companies are notorious for lowballing victims of food poisoning. For your case, an insurance adjuster will manipulate facts and try to trap you in the lowest settlement possible. The Regan Zambri Long lawyers will not let that happen. We know the schemes and tricks of insurance companies and we are not afraid to stand up to protect your rights.

Contact an Expert Food Poisoning Lawyer at Regan Zambri Long

If you suffered from the effects of food poisoning, reach out to a Regan Zambri Long food poisoning lawyer today. Our team will walk alongside you during the claims process and make sure the responsible parties pay. Call today for a free consultation with an expert food poisoning attorney who will work to recover the compensation you deserve.

Regan Zambri Long lawyers have been winning food poisoning lawsuits and product liability suits for over 30 years. We have had many successes in small claims court and are confident we can win your case. You don’t have to do this alone. Call us today for a no-obligation consultation.

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