Nadrich Accident Injury Lawyers files food poisoning lawsuits on behalf of those who become ill due to contaminated food. Call our food poisoning lawyers today for a free consultation if you or a loved one:
- Got sick after consuming contaminated food
- Was diagnosed with a foodborne illness, including but not limited to, norovirus, salmonella, E. Coli, botulism, listeria, hepatitis A, campylobacter, staphylococcus, toxoplasmosis or shigella
We have been handling food poisoning cases since 1990 and have recovered over $750,000,000 for our clients. Our extensive experience in handling cases involving foodborne illnesses will allow us to recover the most compensation possible on your behalf.
We will handle your food poisoning lawsuit on a contingency fee basis. This means that if you wish to sue for food poisoning, we will represent you without charging any fee until and unless we recover money on your behalf. You won’t be charged any upfront fee or out-of-pocket fee for us to handle your food poisoning case. The only fee you will ever be charged is a percentage of any money which we recover on your behalf.
Call an experienced food poisoning lawyer at our firm today for a free consultation, fill out this page’s free case evaluation form or text us from this page if you or a loved one has been diagnosed with food poisoning. We can help you recover financial compensation for medical bills, lost wages, loss of earning capacity, pain, suffering, wrongful death and more.
Do I Need a Food Poisoning Attorney?
Should you desire to file a food poisoning lawsuit, it is vital to have the assistance of a California food poisoning attorney. Food poisoning claims are complex. Most non-lawyers lack the training and experience when it comes to proving food poisoning. If you make the decision to represent yourself when filing a lawsuit over food poisoning, you will probably lose.
It is much more difficult than you think to establish a connection between food poisoning and a specific food product. Food poisoning symptoms usually take hours to days to show up after someone eats contaminated food such as raw or undercooked poultry. As a result, the defense will probably claim your symptoms were contracted from something else which you ate, arguing they are not liable for your illness. To fight this and build a compelling case, you need the assistance of an experienced, trained food poisoning lawyer.
Food poisoning cases are generally similar to most product liability claims where manufacturers are responsible for harms caused by defective products. You need to be able to prove that a product was dangerous despite being used as it was intended to be used.
There are unique complexities in food poisoning cases, though. In most product liability cases, the products themselves can be analyzed. However, in food poisoning cases, the food has been eaten and is no longer available to be tested. Also, it can take anywhere from 24 hours to over a month before symptoms occur after the contaminated food has been eaten. This makes it even harder to identify an illness’ source. The production of modern food also typically involves numerous parties and a ton of overlapping regulations and rules.
A lawyer with experience handling food poisoning claims can quickly identify critical information, trace contaminated food through its distribution chain, assemble public and medical health experts in order to prove your case, and obtain results for you.
Finally, it can be very hard to handle a case on your own when you’re feeling unwell. Should you be experiencing the symptoms of food poisoning, you probably don’t have the energy to successfully build a strong court case. It’s best for your safety and health to hire a food poisoning attorneys who can handle your case’s legal aspects while you focus upon regaining your strength and health.
Our food poisoning lawyers have a long-established reputation for success in terms of handling food poisoning cases. We have successfully recovered compensation for clients who have contracted salmonella, E. Coli, listeria, hepatitis A and other illnesses after they ingested contaminated food.
If you got seriously ill or ended up losing a loved one because of contaminated food, call our food poisoning law firm today for a free consultation. We possess the experience and resources needed to resolve your claim.
Can You Sue For Food Poisoning?
Should you develop a serious illness due to food poisoning, you might be eligible to file a lawsuit against anyone responsible. These kinds of cases are complicated, though. When large-scale food poisoning outbreaks occur, the CDC will track these outbreaks of particular illnesses. This will involve testing each person affected to determine the strain of bacteria or virus involved. Then, once they have studied enough cases, the source of the contamination will be settled upon by the CDC. This could be a specific batch of a specific food or product served at a particular restaurant.
Once an investigation is concluded by the CDC, it might issue a warning or recall to the public. The CDC, however, will not take action for victims or their families. You need to file a civil lawsuit to recover financial compensation for a lapse in food safety. A food poisoning attorney can utilize CDC info to find all parties responsible for food contamination. These investigations are often extensive because numerous companies could be involved in any given item’s supply chain.
Typically, unsanitary conditions or negligence, such as improper food handling, during the preservation, packaging or production process lead to food contamination. Once it is determined by your lawyer where contaminated food came from and how it got to you, then you might be eligible to end up filing a lawsuit against numerous parties. Depending upon the circumstances, lawsuits may be filed against the distributor, manufacturer, dealer and/or supplier. Because of the legal complexities involved in these cases, you should call us today for a free consultation about your legal rights if you have been diagnosed with food poisoning.
Steps to Win a Food Poisoning Lawsuit
You might be capable of proving that a food service firm or restaurant made you ill by providing evidence of contamination or demonstrating that many illnesses similar to yours came from the same place. The steps to winning a food poisoning lawsuit are:
1. Seek Medical Attention
Immediately seek medical attention. This protects your safety and health. Critically, it also allows for your diagnosis and symptoms to be documented. Medical documents like test results and doctor’s notes are vital evidence in terms of proving a case.
2. Report Your Incident
The incident needs to be reported to your local health authorities. Your official report will back your claim up by documenting illness and potentially linking it with other cases. Your local health department might examine the contamination’s source to strengthen your case. They may provide additional evidence against the party responsible.
3. Consult With a Food Poisoning Lawyer
It is important to find a skilled food poisoning lawyer. Your attorney, during a free, initial consultation, will review your case’s specifics, let you know what your compensation options are, and discuss your next steps. A lawyer can guide you every step of the way, making sure you meet all deadlines and legal criteria.
4. Collect Evidence
It is important to gather complete evidence. Keep all records and receipts of consumed food. Obtain complete lab results and medical records to corroborate a diagnosis. When possible, safe leftover food so it can be tested. Collect documentation to support your claim, such as testimony from witnesses.
5. Determine Liability
Identifying liable parties is vital when filing a food poisoning lawsuit. This may include food manufacturers, restaurants, distributors and more parties in the chain of food supply. Your attorney will help you in determining the proper causes of action to pursue, like negligence, breach of warranty or strict liability. Proving a defendant breached a duty of care is vital to establish your case.
6. File the Lawsuit
Once you have collected enough evidence and have been able to determine liability, your attorney will create and file a legal complaint. Your complaint needs to be filed within the applicable statute of limitations. If you miss this deadline, it can forever bar you from recovering compensation.
7. Negotiating a Settlement
Many of these cases get handled through settlement negotiations out of court. Your attorney will negotiate with defendants or their insurance companies to determine a viable compensation amount. Negotiating a settlement can save money and time by avoiding protracted trials. The amount received in a settlement can depend upon your lost wages, medical expenses and disease severity.
8. Trial
While most of our cases settle out of court, if a settlement can’t be reached, we are prepared to represent you in court. Your attorney will prepare you for trial by advocating for the most compensation possible and expressing your interests. A jury or judge will analyze all of the evidence and determine the outcome of the case in court.
9. Collecting Compensation
Should your claim be successful, you will recover compensation for losses such as medical bills, lost wages, pain, suffering and more. Your attorney will help you collect your judgment or settlement and give you advice on any legal measures which might be needed in the future.
Proving Food Poisoning Claims
For food poisoning claims to be successful, your lawyer need to establish:
- Fault: Something wrong was done in the handling, storage, preparation or food processing of an item
- Causation: The thing done which was wrong caused food contamination, and this caused you to become ill
- Damages: Your illness and all related losses you suffered were the result of the food contamination
It is challenging to prove fault. It requires scientific backing and medical experts to demonstrate what went wrong. Nadrich Accident Injury Lawyers can help you to build the strongest legal case possible.
Common Food Poisoning Illnesses
Common food poisoning illnesses which our attorneys handle include:
E. Coli
E. Coli bacteria typically live in animals’ and humans’ intestines. Most strains of this bacteria are either harmless or simply cause diarrhea which is relatively brief. However, certain strains can lead to vomiting, bloody diarrhea and stomach cramps.
E. Coli can be found in contaminated food such as undercooked ground beef and raw vegetables. While healthy adults typically recover from E. Coli infections within a week, older adults and young children have a higher risk of developing hemolytic uremic syndrome, a form of kidney failure which is life-threatening.
Salmonella
Salmonella infections are common and affect the intestinal tract. This bacteria usually lives in the intestines of humans and animals, and gets shed through feces. Humans most often become infected through contaminated food or water.
Symptoms, including stomach cramps, fever and diarrhea typically develop within eight to 72 hours following exposure. These infections usually resolve on their own within three to seven days.
Severe dehydration can result from diarrhea, requiring immediate medical attention. When these infections spread beyond your intestines, complications which are life-threatening might develop.
Norovirus
Norovirus infection may lead to severe diarrhea and vomiting which begin suddenly. These virus are very contagious and typically spread through contaminated water or food.
Vomiting, stomach pain and diarrhea usually start 12 to 48 hours following exposure. The symptoms usually last one to three days and usually resolve without treatment. Diarrhea and vomiting can lead to severe dehydration, though, requiring immediate medical attention.
Norovirus commonly occurs in crowded, closed environments like cruise ships, schools, child care centers, nursing homes and hospitals.
Botulism
Botulism is a serious, rare condition. It is the result of a toxin which attacks nerves. It may lead to symptoms which are life-threatening.
The toxin is produced by bacteria known as Clostridium botulinum.
Botulism can be the result of food contamination. The bacteria responsible for it thrive in environments with little to no oxygen, like canned food.
Symptoms of botulism include difficulty speaking or swallowing, facial weakness, double or blurred vision, breathing problems and paralysis.
Hepatitis A
Hepatitis A is a liver infection caused by a virus. It can be contracted via contaminated food. Mild Hepatitis A cases do not require treatment. Most of those infected by the virus completely recover without permanent damage to the liver.
Symptoms can include weakness or tiredness, diarrhea, vomiting, nausea, abdominal pain, fever, appetite loss, joint pain, dark urine, jaundice and itching. Hepatitis A can rarely lead to acute liver failure.
Listeria
Listeria is commonly contracted from processed deli meat and unpasteurized milk. It can be quite serious for those with weakened immune systems, those over 65, pregnant women, newborns and unborn babies. It is potentially fatal. Its effects can be curbed by prompt treatment with antibiotics.
Symptoms include chills, fever, diarrhea, nausea and muscle aches. Symptoms of severe listeria include stiff neck, headaches, convulsions, balance loss and confusion.
Staphylococcal Infection
Staphylococcus aureus bacteria can multiply in foods, especially at room temperature, and produce toxins. These toxins may be in foods that don’t show signs of being spoiled like bad smells.
Most people get these infections from contaminated food. This food is commonly not kept cold or hot enough. Foods which can be contaminated with staph include meat, eggs, poultry and dairy.
Symptoms include vomiting, nausea, diarrhea and stomach cramps. Muscle cramping, headache, dehydration, and pulse rate and blood pressure changes can occur in severe cases.
These infections usually resolve in a few days, but recovery can sometimes take longer.
Campylobacter Infection
Campylobacteriosis is a common stomach illness which causes fever, vomiting, stomach cramping and diarrhea. It is most commonly contracted from undercooked or raw poultry.
Most people end up feeling sick from five to seven days and recover without treatment. However complications can arise, such as irritable bowel syndrome, reactive arthritis, Guillain-Barré syndrome or sepsis, which is a life-threatening emergency.
The symptoms of sepsis include a fever higher than 103 Fahrenheit, fast heart rate, disorientation or confusion, extreme pain and shortness of breath.
Shigella Infection
Shigella affects the intestines. It is commonly contracted via contaminated water or food.
The symptoms of a shigella infection usually begin one to two days following infection and last around seven days. The symptoms include diarrhea, stomach pain and fever.
Toxoplasmosis
Toxoplasmosis is an infection which is caused by a parasite known as Toxoplasma gondii. Toxoplasmosis is the primary cause of death in the United States from foodborne illness.
Most people with toxoplasmosis have no symptoms. Over 40 million Americans are infected with this parasite. The infection is commonly contracted due to contact with cat feces. It can also be contracted by eating undercooked, contaminated meat or contaminated, unwashed produce.
People at risk for developing severe infections include pregnant women and immunocompromised people.
Symptoms may include pains, muscle aches, swollen lymph nodes and flu-like symptoms. Severe cases may lead to damage to organs such as the eyes or brain.
How We Handle Liability
Numerous parties might be liable for your food poisoning:
- Restaurants: You could have a lawsuit against a restaurant if food was handled or prepared in an unsafe way.
- Food manufacturers or suppliers: You could have a lawsuit if food was contaminated by a manufacturer or supplier.
- Retailers and distributors: You could have a lawsuit if a food seller failed to store food properly, causing you to get sick.
- Cruise ships: It’s common for people to become ill on cruise ships, often due to contaminated water or food. You could have a lawsuit if you can prove a cruise line negligently prepared or handled food.
It may be difficult to win a lawsuit involving contaminated food being served in a private home unless it can be proven they knew they were serving you contaminated food.
If you or a loved one was diagnosed with food poisoning, our lawyers are here to help you. We will hold negligent parties responsible by:
- Establishing when you contacted contaminated food
- Collecting evidence
- Reviewing medical records with the help of experts
- Calculating your case’s value
- Negotiating on your behalf
- If necessary, representing you at trial
After life-threatening or serious illness, you will wish to move forward. However, when financial obstacles make this difficult, trust in Nadrich Accident Injury Lawyers. We have represented victims like you for over 30 years. Allow us to help you.
How Much Do Food Poisoning Lawyers Cost?
Our lawyers represent food poisoning victims on a contingency fee basis. This means our only fee is a percentage of the money we recover for you, and this fee is not charged until or unless we make a recovery.
How Much Time Do I Have To File A Lawsuit?
The time limit to file a food poisoning lawsuit, known as a statute of limitations, varies from state to state. In California, it’s two years from the date you became aware that contaminated food made you ill.
There are exceptions to this time limit, though, some of which shorten the limit. In addition, you shouldn’t expect the best results if you wait until the last minute to file a claim. Calling us today gives us the best opportunity to build a strong case for you and make sure everything is filed on time.
Can You Sue a Restaurant for Food Poisoning?
You can sue a restaurant for food poisoning if they negligently prepared your food. This will require evidence that a negligent act occurred which caused your illness. Our lawyers can talk with witnesses and recover video footage which can show how and when negligence occurred.
What Financial Compensation is Available?
If you or a loved one has been diagnosed with food poisoning, we can help you recover financial compensation for:
- Medical bills
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Wrongful death
Call Us Today For A Free Consultation
Nadrich Accident Injury Lawyers has been handling food poisoning cases for over 30 years. We have the expertise, resources and knowledge necessary to handle your case.
We can investigate your injuries’ circumstances and take all steps necessary to identify all parties who are liable. We will fight tooth and nail to recover the most compensation possible for you.
Call us today for a free case evaluation. Remember: we won’t charge any fee until and unless we recover money to compensate you for your food poisoning.
