Things to Consider When Suing for Food Poisoning

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Everyone wants to enjoy a great meal with friends or family members. Going out to eat at a nice restaurant is a good way to spend time with others, but things can end badly if the restaurant serves you tainted food. Food poisoning happens more often than you might imagine, and now you have to take steps to deal with it.

food poisoning claim

Think About Various Costs

There are a few costs that a lawyer who specializes in these types of cases is going to help with.

Usually, a person who suffers from food poisoning doesn’t go to the hospital but is stuck at home for a few days. This means that you lost wages, which represents a significant amount of revenue that you wouldn’t have lost otherwise. First thing to remember is that you may have a case, even if you think the food poisoning was not severe.

A good lawyer will do a little research on the restaurant for you. Restaurants who have a history of selling tainted food could be worth paying attention to. Your lawyer might simply need to find a recent report from a health department representative that details food violations or dangerous conditions linked to the restaurant. This could definitely make the restaurant pay, even if you did not go to the hospital.

How a Lawyer can Help

Food poisoning is not the easiest thing to prove, but the law firm of Ankin Law Offices LLC points out that protecting “consumers from dangerous and defective products, including unsafe food products” should drive a lawyer to help you no matter how hard it may seem. There are certain things that could make things easier; for example, if more than one person in your party got sick or if you ate nothing after leaving the restaurant, this information could be helpful. These situations do not always play out since the chances that you all ordered the same meal is slim, and most people have a snack after a meal.

Still, a lawyer can take additional steps to help strengthen your claim like having a stool sample tested. The idea here is to identify the microbes that might have given you food poisoning, which could be linked to the restaurant’s food. This step could open up a whole new can of worms since the issue could go beyond the restaurant. It could be that other parties down the food distribution chain are responsible for the tainted food.

There is a Time Frame

Ideally, you would go to the hospital and get tested quickly. You would get a report that could be used later on to file your lawsuit but this does not always happen. Some people let the sickness run its course before they even think about suing. Do not fret, you are not the only one who delayed their lawsuit, but there is a time frame that you need to be aware of.

You should remember that every state has its own statute of limitations, including Illinois. You need to make sure that you bring up your claim before your time runs out, so be sure to talk to a lawyer in this state to find out if you still have time. Do not look at these time limits as an opportunity to wait longer because time is not your friend in these types of cases.

Hopefully, some of these points make it easier for you to know what to do now that you’ve suffered through this food poisoning. It may be a good idea to keep a journal, detailing some of the things you went through to keep these events fresh in your mind. Be sure to contact Poison Control for immediate assistance if the issue is severe or just so you know what to do.

Ryan Yarbrough is a small business consultant, speaker, and the manager at Davis Financial Services, a small business consulting firm.

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