I always assumed that personal injury cases where pretty straight forward. After being in an accident, any financial losses that you suffered would be reimbursed by the liable party's insurance company. Unfortunately, things only work this way in a perfect world. In the real world, personal injury cases are extremely complex and getting the insurance company to pay a fair settlement requires the expertise of an experienced injury lawyer. Unfortunately, it took me several months to finally seek out the legal assistance I needed. As a result, I waited much longer than necessary to get the compensation I so desperately needed. During this time, I learned more about personal injury law than I ever thought I would. It is my hope that this blog will allow me to share that knowledge with you so that you can avoid making some of the same mistakes that I did.
A trip to your favorite restaurant can quickly become a nightmare if you suffer from food poisoning. It can be even worse if the illness is extensive, racking up medical bills or lost wages. The following guide can help you decide whether the restaurant should be held responsible and whether you should sue for personal injuries.
Can you prove it was the food?
Often, food poisoning is a case of suspicion. People assume they are ill due to something they ate and they make an educated guess as to the food that caused it. You will need more proof than this for a lawsuit, though. You are more likely to have a successful case if you visited a doctor while you were sick and had the poisoning diagnosed. You may also have a better chance at a case if you dined with others that also suffered from the illness and were tested for food poisoning. If you have leftovers that you brought home, you may be able to have these tested, as well.
Could you be found at fault?
In some cases, it can be determined that negligence on your end was the cause of the food poisoning. For example, if you brought home leftovers and failed to refrigerate or reheat them properly. As a general rule, you will likely only be successful with a food poisoning suit if you contracted the illness while in the restaurant.
Is the loss worthwhile?
Even if you have proof, you may not be able to sue for an injury if you didn't suffer any major losses. Feeling ill for a few hours isn't usually sufficient. You will need to have major missed wages, high medical bills as a result of the illness, or some other tangible form of loss in order to mount a successful case.
Are there others at fault?
In some cases, it may not be the restaurant at fault. Check for recalls on some of the products you may have consumed at the restaurant. If you find a recall, it could be the supplier of the food that is at fault, and you may have a case or be able to join a larger class action suit. On the other hand, if there is a known recall and the restaurant knowingly served food that had been recalled, you may have the proof you need to sue the restaurant.
Contact a personal injury attorney in your area like James Lee Katz to find out if you should pursue your food poisoning case.
Share