Denver personal injury attorneys fight to get food poisoning victims the compensation & justice they deserve
There are an astounding 76 million cases of food-related illness every year in the U.S. Most of the time, these stomach bugs come and go within a couple of days, leaving their victims weak, but able to carry on with their normal lives.
But occasionally, a serious case of food poisoning can land a person in the hospital with critical or life-threatening viruses like Salmonella, Listeria, E. coli, or other bacteria.
Severe food poisoning can put your life on hold and cost thousands of dollars in medical treatment and lost time at work. In such cases, a lawsuit may be an appropriate course of action to recover compensation for damages and injury. But for a food poisoning case to be successful there must be certain standards of proof present before you decide to file your claim.
Proving Your Claim
Most food poisoning cases fall under the “defective product” legal category –the product being the contaminated (or defective) food which led to an illness.
Generally, any and all parties involved in the chain of distribution of the contaminated food can be held liable –from the food processing company (farm or factory) to the retailer (grocery store or restaurant). However, before a claim is successful, two things must first be established:
- The food you ate was contaminated. There must be clear evidence that a specific food product you ingested contained harmful bacteria, which is confirmed by a health authority. If time passed from the point you ate to when you began feeling symptoms –which often occurs in food poisoning cases– it can be difficult to determine if that particular food item or meal made you sick, unless others became ill as well.
- The contamination led to your illness. Once the “smoking gun” is found, you must also prove that the contamination is directly linked to your illness. The best way to establish this link is by having a stool sample tested for the same microbes found in the contaminated food.
Filing a Food Poisoning Claim
It is important to take action quickly to file a food poisoning claim –Colorado statute of limitations restricts the time an individual has to file a defective product claim to two years. However, the sooner you talk to an attorney about your food poisoning case, the better your chances of receiving compensation are.
If you have suffered from a food-related illness that you suspect to have been caused by contaminated food, the first thing you should do is attempt to preserve samples for testing. Then, schedule a free, no risk consultation with a Colorado personal injury attorney who specializes in food poisoning.
R. Mack Babcock and associates at Denver’s Babcock Law Firm are here to help you prove your food poisoning claim and secure a successful settlement. Learn more about how representation works, and contact us to schedule a free consultation.
See articles below, or visit our knowledge center and blog to learn more about food poisoning
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