You’re probably not thinking about much while you’re dealing with a food-borne illness like Salmonella or E. coli. All you’re focusing on is getting better. However, once you start recovering, the questions usually start. You may be wondering about compensation.
Another common question is if you need a food poisoning lawyer to help you navigate the legal process. This can include figuring out if you have grounds for filing a claim and recovering compensation. We’ve put together a list of some of the common questions. Don’t worry, we’ve also included the answers.
What Exactly Is Food Poisoning?
Food poisoning can occur when someone eats or drinks something that contains bacteria and parasites that leave viruses, chemicals, or toxins.
There are approximately 9.4 million diagnosed food poisoning illnesses per year, and 39 million cases are undiagnosed. Each year, as many as 128,000 people are hospitalized, and about 3,000 die from food poisoning.
Food poisoning doesn’t play favorites, it can happen to anyone, including infants. If this has happened to you or a loved one, you may have a valid personal injury claim.
How Is Food Poisoning Diagnosed?
According to the Centers for Disease Control and Prevention (CDC), 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. Milder cases of food poisoning signs and symptoms can include:
- Stomach cramps
- Nausea
- Vomiting
- Diarrhea
- Fever
- Weakness
If you have severe food poisoning, you may exhibit the following symptoms:
- Bloody diarrhea
- High fever
- Frequent vomiting
Dehydration can be a particular problem for sufferers of food poisoning.
What Type of Claim Should I File for Food Poisoning?
If you’re researching different types of claims, you probably keep landing in personal injury law. There’s a good reason this keeps popping up in your search. Personal injury law is kind of like a huge umbrella, it covers a lot of different types of claims. Yes, Salmonella poisoning falls under this legal category. Your Salmonella poisoning is considered a product liability claim.
Why is it a product liability claim? The simple answer is food is considered a product. From there, you follow the same steps as if you’re filing an auto accident claim.
Can I Recover Compensation for Food Poisoning?
You can usually recover compensation in a Salmonella claim for your economic and non-economic damages. This includes things like medical expenses, lost wages, pain, suffering, and mental anguish.
If gross negligence is a factor in your case, you may also be eligible for receiving punitive damages. However, don’t get too excited. Punitive damages are rarely awarded by the court. Typically, punitive damages are awarded in class action lawsuits. Meaning multiple parties are part of the same lawsuit.
You should also be aware of any caps on punitive damages. Texas, like the majority of other states, caps most punitive damages. Typically, your punitive damage award can’t be more than twice the total value of your food poisoning claim. So, if your claim’s total value is $100,000, your punitive damages can’t exceed $200,000.
How Do I Determine Liability in a Food Poisoning Claim?
In most types of personal injury claims, liability is crucial. If you can’t prove liability, you probably don’t have an injury claim. Sometimes, this applies to product liability claims.
Remember, your food poisoning case is a product liability claim. This usually means showing the food is contaminated before you purchase the item. You may also need to show that the defendant’s actions are the reason you came down with a food-borne illness.
However, not all food-borne illness claims require plaintiffs to prove liability. You may have a strict product liability claim. If this applies, you can skip trying to prove liability.
Don’t forget about state laws and regulations. Some states may require plaintiffs to show liability. All states track food poisoning cases, and you may need to answer some questions posed by the health department. When it comes to determining liability, it’s usually best to work with an experienced injury attorney.
What Happens If Someone Dies From Food Poisoning?
Unfortunately, food poisoning can be severe. The individual affected by the tainted food may require hospitalization and extensive medical care. Even then, fatalities can still occur. So, what happens if a loved one passes away from food poisoning?
If this occurs, you may have grounds for filing a wrongful death lawsuit. This is a lawsuit and not an injury claim. This usually means you’re heading to civil court instead of negotiating a settlement with the defendant’s insurance provider.
Like all other states, Texas limits who can file a wrongful death claim. You can’t scour the newspaper obituaries and pick the name of someone recently deceased. You must have a close family relationship with the victim. So, who can file a wrongful death claim?
The surviving spouse, children, or parents can file a wrongful death claim. Siblings can also file a claim if there’s no one else. If the deceased doesn’t have any close relatives, the court may appoint an executor. If the deceased named an executor, this individual can file a wrongful death claim. All compensation awarded in the wrongful death claim goes to the deceased’s estate.
Something to remember is that only one person can file a wrongful death claim for the same individual. So, if the surviving spouse files a claim, the children can’t pursue compensation.
What Are Some Ways to Avoid Food Poisoning?
Proper food handling is the single best way to avoid food poisoning. Steps include:
- Wash hands before handling food
- Clean any surfaces that come in contact with food with an antibacterial cleanser
- Keep cold foods at 40°F or less
- Keep hot foods above 140°F
Food poisoning doesn’t have to occur as often as it does. If each and every person, restaurant, and food manufacturer followed these guidelines, there would be much fewer cases.
Let A Texas Attorney Help With Your Product Liability Claim
You may be eligible to recover compensation after being exposed to a food-borne illness. However, the legal process can be complex, so it’s usually best to partner with an experienced food poisoning attorney. From determining liability to recovering compensation, your attorney will be with you every step of the way.
