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When Should I Contact a Food Poisoning Lawyer?

Posted in Food Safety on April 7, 2023

Food poisoning can be a very serious issue in some cases, resulting in severe health problems, hospitalization, or even death. If you have experienced food poisoning, it is essential to seek medical attention first to get a proper diagnosis and treatment. As for contacting a food safety attorney, do so as soon as possible after you get the medical care you need.

Why Contact an Attorney Soon after a Food Poisoning Diagnosis?

The reason for contacting an attorney so soon is that it is essential to gather evidence while it is still available. For example, any food or drink that you consumed before becoming ill so that it can be tested, receipts, medical bills, and other related documents to support your claim. The longer you wait, the more challenging it may be to gather evidence to build a strong case and link the food or drink to your illness.

Additionally, if you experience complications or are so severely ill that it is debilitating, you will have an attorney to handle the legal aspects while you focus on recovering. A food poisoning attorney will begin to investigate the circumstances of your food poisoning immediately, including the source of the contaminated food or beverage, the parties responsible for producing, distributing, or selling it, and any possible violations of food safety regulations. They can determine who can be held liable and file a claim on your behalf to begin negotiations for a settlement. If necessary, they will fight for you in court to ensure the wrongful party is held accountable.

How Do I Know If I Have a Food Poisoning Case?

To sue for food poisoning, you will generally need to prove the following elements:

The Food was Contaminated

Evidence that the food or beverage you consumed was contaminated with harmful bacteria, viruses, parasites, chemicals, or other substances that caused your illness (e.g., lab tests).

The Food was Defective

Depending on the circumstances of your case, you may need to demonstrate that the food was defective in some way, such as being improperly prepared, stored, or transported, or that it was adulterated with harmful substances.

The Food was the Direct Cause of Your Illness

The contaminated food or beverage must be directly linked to your illness or injury and that you would not have become sick otherwise.

You Suffered Damages

As a result of your illness, you suffered damages, such as medical expenses, lost wages, pain and suffering, etc.

Is There a Time Limit on How Long I Have to File a Food Poisoning Claim?

The statute of limitations for food poisoning cases can vary depending on the jurisdiction and the specific circumstances of the case. In general, the statute of limitations for personal injury cases, including those related to food poisoning, is typically between one and three years from the date of the injury or illness. That may seem like a long time, but the legal process takes time, and if you miss the deadline, your case can be dismissed.

If you believe you have a case for food poisoning, contact a lawyer as soon as possible to discuss your options and the legal process.