Food poisoning is unpleasant, but unfortunately common. After suffering an illness from ingesting contaminated food, you may be curious about your options. Fortunately, after suffering from a foodborne illness you may be able to recover financial compensation for your losses through a food poisoning claim.
Is Food Poisoning Common?
Nearly 1 in 6 Americans suffer from food poisoning each year. In total, that is roughly 48 million illnesses each year that occur in the United States alone. With over 31 known foodborne diseases that can cause illnesses, these numbers continue to grow.
How do I Report Food Poisoning?
If you are currently suffering from a foodborne illness or suspect you may be, visit your doctor. A medical professional will conduct the necessary testing for a diagnosis and be able to identify what bacteria or virus made you sick. Once identified, a doctor can prescribe the best course of action to help you get better.
After visiting a doctor and receiving confirmation of foodborne illness, you can either ask your physician to report your illness to your local health agency or report it yourself. To report foodborne illness, you’ll need to contact your local health agency.
Depending on the severity of your case, at this point, you would want to contact a food safety lawyer to begin the process of filing a claim.
Is it Possible to Sue for Food Poisoning?
Yes. If you or a loved one has been affected by contaminated food or water, you can sue for food poisoning. Food poisoning most often falls under the category of defective product liability claims.
Depending on your state, there are different legal theories that may apply, including strict product liability, negligence, and breach of warranties.
Who Can be Held Liable?
Since the distribution of food can include several parties, it may be difficult to determine which party was responsible for the contamination. The chain of distribution in a food poisoning case usually consists of the food processing company (farm), the retailer (grocery store or restaurant), and any of the suppliers or distributors in between.
Once a party is found responsible for the contamination, you can work to recover damages for your injuries.
What Damages Can I Recover from a Food Poisoning Lawsuit?
Foodborne illnesses can cause serious complications and have long-term effects. Hemolytic Uremic Syndrome, Guillain-Barré Syndrome, Reactive Arthritis and Irritable Bowel Syndrome are some of the serious complications that can arise after suffering from foodborne illnesses.
If you have been affected by foodborne illness, you have the right to seek compensation from the liable party or parties. Recoverable damages can include medical bills, current and future lost wages, as well as pain and suffering. If a loved one lost his or her life due to complications after ingesting contaminated food or water, you may also recover compensation.
How Long do I Have to File a Lawsuit?
The statute of limitations differs from state to state. This is also true if you are seeking compensation from a government entity. Consider speaking with a qualified food safety lawyer to explore your unique claim and what options you have for compensation.
After suffering from food poisoning or a serious complication from a foodborne illness, you may be feeling overwhelmed and uncertain of what you can do to move forward. Under the law, you have the right to pursue financial compensation to help recover what you lost due to another’s negligence, breach of warranty, or defective product. To learn more about what you are entitled to, speak with a qualified lawyer in your area.