How a Personal Injury Lawyer Helps You Following a Food Poisoning Incident
Food poisoning incidents happen all too frequently. They can occur in any city or state, or even in your kitchen if you’re not careful.
However, when they happen, you can often trace them to a particular source. Maybe that’s a restaurant, a deli, a farmer’s market, etc.
For instance, Texas has seen three multistate salmonella outbreaks since 2023, and most other states, especially the heavily populated ones, can make similar claims.
If a food poisoning incident makes you sick, and you feel you can blame a restaurant, you might consider hiring an experienced personal injury lawyer.
Such an individual can help you in many ways. We’ll talk about some of them right now.
They Can Commiserate with You
Let’s imagine a scenario for a moment. You go out to dinner at a nice restaurant. Later that evening, you start feeling very ill. You have diarrhea and possibly even see some blood in your stool. You have intense stomach cramps. Maybe you don’t fully recover for several days after that.
In some instances, you can get past an incident like that without needing medical intervention. In some cases, though, you might feel so bad you will call an ambulance and get the driver to take you to a hospital.
In the aftermath, you might think back and consider what could have made you ill. If you had sushi at the restaurant, that is a likely culprit. However, just as often, you might blame a salad.
Celery, tomatoes, cabbages, and spinach can also carry bacteria that can make you ill. If the restaurant did not wash the ingredients, or if the employees did not wash their hands, you can probably point to that as the cause.
If you think you might sue the restaurant, you can look around for a personal injury attorney who handles these types of legal cases. Look on their website and see whether it mentions food poisoning lawsuits. You can also ask the receptionist if you call to set up a meeting.
Be sure to choose a lawyer who has specific experience with foodborne illness cases, as they will be more familiar with the complexities involved. A free initial consultation can help you determine if the attorney is the right fit for your needs.
At that meeting, the lawyer might first commiserate with you. They probably know all about how food poisoning can make you miserable. A lawyer who doesn’t appreciate the gravity of what you went through probably shouldn’t represent you. You want someone sympathetic on your side.
They Can Inform the Restaurant You’re Suing Them
Once you have informed the lawyer what happened, they can tell you whether they think you have a case. Maybe they will tell you they don’t think you can prove the restaurant caused your food poisoning.
However, in many instances, they will say you can successfully sue the entity that harmed you.
If so, they can officially take you on as a client, assuming they have the capacity to handle your case at that moment. If they agree to see you, that probably means they’re accepting new clients.
If they don’t think they can give your case the attention it deserves, they may also recommend a colleague instead.
If they accept you as a client, they will start filing all the necessary paperwork. They will also let the restaurant know you’re suing them. They must do this so that ownership can begin to prepare its defense.
They Can Investigate Your Case
Next, the lawyer can investigate your case. They will probably have an investigator on the payroll or more than one. Some of the larger and more prestigious firms will sometimes have a whole team that helps them gather information about their cases.
Food poisoning lawsuits can get a little tricky. The burden of proof lies with the plaintiff to show that a specific meal or establishment caused the illness. This often involves medical records, lab results, and possibly even expert testimony. Additionally, it can be difficult to pinpoint the exact source of contamination, especially if multiple meals were consumed in a short time frame.
If you have the symptoms of food poisoning, then an opposing lawyer probably can’t argue that you had it. However, they may try to dispute the timing or suggest an alternative source of contamination. The defense might argue that you contracted the illness from another location or even from improper food handling at home. A skilled attorney will anticipate these defenses and build a strong case to counter them.
If a doctor looked you over, their conclusion could probably establish conclusively that something gave you food poisoning.
However, the restaurant’s lawyer might say you can’t prove that their client poisoned you. They might say you came into contact with the bacteria that made you ill elsewhere.
A skilled investigator must find a way past that defense. They might look for other individuals who became ill after visiting that restaurant if they can find some, that indicates a pattern and strengthens your case.
They Can Negotiate with the Defendant’s Legal Team
Let us say your lawyer’s investigator finds several individuals who became ill after eating at that same restaurant. They might even join in a class action suit against this eatery.
Whether they do or not, your lawyer can next attempt to negotiate with the defense team the restaurant hired. The eatery’s owner or manager might decide they don’t want all of this negative publicity.
If word gets out that people become ill when they eat at that establishment, it could torpedo the restaurant’s business.
Your lawyer might demand a higher settlement amount if they feel the restaurant and their lawyer didn’t give you a fair offer.
You can always take any amount that ownership offers, but if your lawyer tells you that you should hold out for more, you might follow their advice.
After all, they’ve handled these cases before, and they can probably sense when the restaurant has deep pockets.
They Can Stand Up for You in Court if Necessary
Maybe you and the restaurant can’t come to an agreement. That does happen sometimes. Perhaps the restaurant’s ownership feels you don’t have enough evidence.
Even with the negative publicity that a trial could bring, they may decide they won’t pay you anything.
If so, your lawyer can get up in front of the judge and jury and eloquently argue your case. You must hire an attorney who you know has done this before.
Remember that with civil cases, there is a fairly low bar to get a jury on your side. The so-called burden of proof in civil cases and the one in criminal cases differ.
If your lawyer has the necessary persuasive skills, they can probably get a jury verdict in your favor that should satisfy you.
Personal Injury Lawyer Can Help You After a Food Poisoning Incident
Dealing with an illness caused by contaminated food can be overwhelming, especially when you’re unsure of the source. The physical symptoms alone can take a toll, leaving you exhausted and anxious.
On top of that, medical bills and time off work can create additional stress. When you suspect a specific restaurant or business is responsible, taking legal action might feel like your best option.
Food poisoning incidents can be distressing and potentially harmful, but you don’t have to face them alone. If you believe a restaurant or other establishment caused your illness, hiring an experienced personal injury lawyer can make a significant difference.
From investigating your case to negotiating a fair settlement or representing you in court, a skilled attorney can help ensure you receive the compensation you deserve.