The attorneys of Cohen & Cohen, P.C are frequently hired when a client is in need of a skilled food poisoning lawyer Lanham MD provides. Our legal team has helped thousands of victims injured due to another party’s negligence.
A Lanham MD food poisoning lawyer may pursue litigation against those responsible for causing illness or death due to negligence. If you have been a victim of food poisoning, whether it’s salmonella, E-coli, or another foodborne virus, contact our office without delay.
Determining the Value of Your Food Poisoning Lawsuit
A question that our attorneys are frequently asked is,“What is the value of my case?” The answer is determined by a number of factors. Because every case is different, an accurate response can only be given after consulting a food poisoning lawyer in Lanham MD. However, here is some general information that you may find helpful. If you have additional questions, do not hesitate to call us at 301-250-1957 to schedule a free consultation with one of our food poisoning attorneys.
1. The level of severity of the food poisoning. This is the primary consideration when determining the value, or amount of damages, that you can recover from the negligent party. Medical treatment, prescription drug costs, and rehabilitation costs can be substantial. A food poisoning lawyer Lanham MD relies on can determine the severity of your case based on an examination of the evidence and medical documentation.
- The most severe food poisoning cases can cause serious symptoms that last for weeks or months. Common foodborne illnesses include botulism, salmonella, listeria, and E. coli.
- In some rare cases, permanent damage or death can result from food poisoning. The attorneys of Cohen & Cohen may be able to file a wrongful death suit on a family’s behalf. Contact us if you need a food poisoning lawyer Lanham MD families have hired in similar cases.
- In addition to experiencing physical symptoms, victims of food poisoning can suffer from emotional pain.
2. Lifetime or disabled care due to food poisoning. Permanent or long term effects from food poisoning can require substantial health care attention around the clock. A victim may have to leave their home to enter a nursing home or assisted living community. A food poisoning lawyer Lanham MD turns to for legal representation will likely itemize those costs, and will also consider the following damages:
- Reduced quality of life
- Post-traumatic stress disorder
- Required medical treatments and doctor’s visits
- Prescription medications
- Life care expenses
- Transportation costs
- Future earning ability
- Loss of benefits due to reduced hours or loss of job
- Loss of retirement benefits
- Loss of paid vacation time
- Loss of stock options and bonuses
- It must be proved that an improper act occurred, but there may not have been witnesses. For instance, if nobody saw the employee in question leave the restroom without washing their hands, it may be difficult to prove that person caused the food contamination.
- Foodborne contamination can occur when food is improperly cooked, but if there are no leftovers, there may not be sufficient evidence.
- The bleach solution for washing dishes may not have been mixed properly, or maintained at a high enough temperature, which allowed the still-dirty dishes to contaminate the food. Unless the solution is tested at that time, it can be difficult to establish it as the cause.
Grounds for Filing a Food Poisoning Lawsuit Against a Restaurant
The leading cause of emergency room visits is food poisoning due to foodborne allergens. In the most severe cases, food poisoning can be fatal. Others may experience mild to extremely serious symptoms. Victims of food poisoning have the legal right to seek financial restitution for their physical and emotional injuries. A skilled food poisoning lawyer Lanham MD offers can file a claim based on any of these legal grounds:
- Product liability. Under this type of claim, the plaintiff or defendant may name additional parties in the lawsuit such as the food supplier, grower, or the transportation company.
- Negligence. The restaurant has a duty to prepare and sell uncontaminated food to its customers. In causing food poisoning by serving contaminated food, they breach this duty.
- Safety. Another duty the restaurant has is to serve food that is safe to consume. If the food they served was not safe because it was contaminated, and caused their patron illness, they breached their duty of safety.
The Statute of Limitations for Food Poisoning Litigation
Those who have been injured from food poisoning must file a personal injury lawsuit within a certain period time. This time limitation, known as the statute of limitation, varies by state. If you decide to pursue a lawsuit against the negligent party, you must contact a food poisoning lawyer Lanham MD recommends for help before that deadline expires.
Exceptions to Filing a Lawsuit Before the Statute of Limitations Expires
Only in rare cases does a court allow exceptions to the rule. For the most part, it can happen if any of the following occurs in a food poisoning case:
- The victim was physically incapacitated due to the food poisoning.
- The victim is less than 18 years of age. If this is the circumstance, the victim can file a lawsuit up to two years after turning 18.
- The victim suffered severe incapacitation as a result of the food poisoning and became unaware of his or her legal rights to file a lawsuit.
- If the victim did not experience symptoms, or was not diagnosed with food poisoning until sometime after the statute of limitations expired.
If you or a loved one has suffered from food poisoning, contact our office to speak with a food poisoning attorney from Cohen & Cohen Our initial consultation is always confidential and free of charge. When you need a food poisoning lawyer Lanham MD trusts, call Cohen & Cohen