If you’ve suffered from food contamination, you may wish to contact a food poisoning lawyer Wheaton MD offers. At Cohen and Cohen, P.C., we offer free, no obligation consultations, so call us today to schedule an appointment with one of our food poisoning lawyers.
A food poisoning lawyer in Wheaton MD may review your case to determine whether it’s feasible to pursue litigation against the negligent party. If the other party is found liable or agrees to a settlement, you may recover damages caused by the food poisoning. If you’re unfamiliar with the personal injury claim process, the following information may answer some of your questions. Additional questions may be addressed by one of our food poisoning lawyers at Cohen and Cohen, P.C.
Personal Injury Claims for Food Poisoning
In the United States, more than 3,000 people die every year from food poisoning. In total, 48 million Americans get sick annually from food contamination and poisoning. The sources for contamination vary, but are often found in restaurants and supermarkets.
Food Poisoning Personal Injury Claims and Legal Expectations
By law, companies that handle food sold for human consumption must “exercise reasonable care” when processing and handling that food. If a company fails to uphold this standard, resulting in food contamination, they may be held liable for the subsequent injuries and damages. A few types of companies that are held to this legal standard include:
- Food retailers
- Food manufacturers
- Food treatment facilities and processors
- Other commercial food enterprises
Recourse Options After Suffering from Food Poisoning
After meeting with a Wheaton MD food poisoning lawyer, you’ll likely have a clear picture of your best course of action for your case. The following are some general guidelines:
- If your food poisoning illness was mild with symptoms only lasting a few days, you may not have a strong case. This is especially true if your condition did not require medical treatment of any kind.
- If your food poisoning symptoms lasted a long time or required over-the-counter medication, you may wish to file a claim on your own. This may be done as a small claims lawsuit, but you will likely need documentation of the injury you suffered, such as a doctor’s note.
- If the food poisoning resulted in any of the following, you will probably have a strong case and should consider hiring a food poisoning lawyer Wheaton MD victims recommend.
- Permanent injury to your immune system
- Permanent injury to an organ such as the kidney
- Extensive medical costs
- Other damages such as lost wages
Providing Evidence in Food Poisoning Personal Injury Claims
Having evidence that backs up your food poisoning claim a critical component of a successful case. Without legitimate evidence, your case is based on hearsay. Unfortunately, if you do not collect food samples fast enough, it may become impossible to test for foodborne bacteria. Thus, it may be important to contact a food poisoning lawyer Wheaton MD turns to for personal injury claims as soon as possible.
Any food poisoning lawyer Wheaton MD personal injury victims hire will likely need solid evidence in order to pursue litigation. Here are some tips on how you can help a lawyer successfully represent you:
- Save your receipt from the restaurant or store where you purchased and consumed the contaminated food.
- If you ate at the restaurant with friends or purchased the food in the presence of someone else, request that the third party confirms this information in writing. Their written statement should include the date, location, and name of the store or restaurant. If the third party has their own receipts, they should save them to help prove they witnessed the purchase or consumption of contaminated food.
- Save the packaging or wrapper that came with the food. It may have an expiration date on it, which might be very helpful. If there are any leftovers of the food, save it for a food poisoning lawyer Wheaton MD injury victims trust; he or she may have the food tested for contamination.
- Document the names of the restaurant’s staff or store staff you interacted with when you purchased the contaminated food. Your attorney may need their statements to help establish whether they were aware of improperly prepared food, unhygienic conditions, or improperly stored food. Any of these conditions may have contributed to making you sick.
- Save the documents of any expenses related to the treatment of your food poisoning, especially medical bills.
- If you missed work because of the food poisoning, present your attorney with a pay stub and tax return to show how much income you have lost.
If you experienced food poisoning while working, or during a work-related event such as an office sponsored party, you may qualify for workers’ compensation benefits. These benefits may cover your medical expenses, related out-of-pocket expenses, and approximately 2/3 of your normal wages. Damages for pain and suffering are not covered by workers’ compensation.
A food poisoning lawyer Wheaton MD provides can help determine whether you should file any additional claims against other parties, which may include:
- The food manufacturer. Your attorney must be able to prove the food manufacturer was directly responsible for causing the food poisoning.
- The food distributor. If the food needed to be refrigerated at a certain temperature and spoiled because the distributor’s refrigerated truck was inoperable, they may be held liable. Your attorney will have to prove that the food spoiled as a result of improper refrigeration, or that it was at least a contributing factor.
How an Attorney Can Help Make a Difference
An experienced food poisoning lawyer Wheaton MD respects can help get the attention of those who may be responsible for causing your food poisoning condition. Without an attorney, it may be extremely difficult to enter into a settlement negotiation with the negligent parties.
If an attorney accepts your food poisoning case, it may be important to confirm that they will pay the advance costs for food testing, depositions, subpoenas, and other fees. If they work on a contingency basis, you will not have to pay for their services unless they reach a settlement or win your lawsuit. If they do neither, you won’t have to pay them anything.
Call us today at Cohen and Cohen, P.C. if you would like to discuss your case with a food poisoning lawyer Wheaton MD is proud to call their own.