Yes. In fact, if you have contracted a food-borne illness from eating contaminated food, you may have a case against the manufacturer, restaurant, or store that sold you the food.
What Is Salmonella?
Salmonella is a bacteria that causes diarrhea, fever, dehydration, vomiting, and other symptoms in about 1.4 million people each year. It primarily infects through contaminated foods, especially undercooked eggs or poultry. The FDA recommends completely cooking eggs until both the white and yellow are solid to avoid salmonella infection. Many others may get sick from touching something that has been contaminated with the saliva of an infected person or animal. There are also several types of salmonella lawsuits that involve exposure at work or exposure through pets.
What is a Salmonella Lawsuit?
A salmonella lawsuit is a legal claim filed by someone who has become sick from Salmonella, or by another interested party on the person’s behalf. It is sometimes called a Salmonella Claim.
Most salmonella lawsuits are part of what are known as product liability claims. This means that the food manufacturer, distributor, store, etc., is being held liable for selling you something that made you sick.
What do I need to Prove in My Salmonella Lawsuit?
The law varies depending upon where your case will be heard, but generally speaking, there are three things you need to prove in order to win your case:
- You got sick from the food you ate. In many cases, this is a straightforward issue, as people who suffer from salmonella typically become very ill within 2-3 days of eating contaminated food. Symptoms include high fever, diarrhea and vomiting, which usually continue for several days until an effective antibiotic can kill the bacteria.
- The salmonella you got sick from was the same strain that made other people sick. In many cases, multiple victims will get sick from eating the same thing(s) and then trace their source back to a specific food or restaurant. In these cases, it is very easy for your attorney to show that the salmonella you contracted was the same strain as the salmonella that was making other people sick.
- The food you ate was contaminated with salmonella at the time you ate it. This is by far one of the most common types of food contamination lawsuits and can be difficult to prove in some cases. In many cases, a victim will make a claim against a food manufacturer when they are unsure whether the contamination occurred during production or in the store.
How Do I Prove That The Food Was Contaminated?
There are several ways you can do this, such as:
- You can take a sample of the food to be tested by a laboratory for salmonella contamination
- Testimony by someone who knows how to test the food
- Testimony by you or other witnesses that you got sick shortly after eating the food
- Evidence that other people also got sick from eating the same contaminated food
- Evidence that no one else ate the food but you and became ill.
An experienced attorney will be able to help you show that the food was tainted.
What Is The Statute Of Limitations For My Salmonella Lawsuit?
As with other personal injury claims, you have a certain amount of time to file your lawsuit after the date of your injury. This is called the statute of limitations. In most cases, it is two years from the date of injury. However, there are exceptions to this rule and if you are unsure of the rules in your state, you should consult a salmonella attorney.
What Can I Recover if I Win My Salmonella Lawsuit?
If you win your case, there are two main types of damages that can be recovered:
Compensatory Damages:
This is the most common form of damage recovery in successful lawsuits. It includes compensation for actual losses, such as medical expenses, lost wages, and pain and suffering.
Punitive Damages:
Punitive damages are awarded to punish the defendant rather than compensate you for your loss. They usually only come into play if there was willful or reckless misconduct on the part of the defendant.
When you speak with a salmonella lawyer, he or she will also explain what damages are available in your particular case, as well as any defenses that may be raised by the defendant.
What Entitles Someone To File A Salmonella Lawsuit?
Anyone who suffers an injury caused by Salmonella may file a lawsuit. This includes not only those who got sick from eating contaminated food, but also their parents if they are children, spouses of people who died from Salmonella poisoning, etc.
Salmonellosis can be fatal especially in children, the elderly, and those with compromised immune systems. Prompt medical attention is critical to recovery and preventing salmonellosis from becoming worse. Some conditions that occur as a result of salmonellosis may be irreversible.
In addition to personal injury lawsuits, there are also many other types of Salmonella lawsuits that could result from the disease.
Are there different types of Salmonella Lawsuits?
Yes, while most food poisoning lawsuits fall under a product liability lawsuit, there are many different types of lawsuits that can be filed.
Personal Injury Lawsuit
A personal injury lawsuit can be brought forward if you have developed any illness, injuries, or conditions as a result of contracting salmonellosis. A personal injury lawyer should be consulted to determine whether or not your illness falls under strict product liability guidelines for filing a salmonellosis lawsuit.
Wrongful Death Lawsuit
If you or a loved one had contracted salmonellosis and died, wrongful death lawsuits may be filed. Wrongful death laws vary from state to state, but generally speaking, it requires that the deceased person must have left behind family members who are eligible to file the lawsuit.
Product Liability Lawsuit
A product liability lawsuit can be filed if you contracted salmonellosis from contaminated food products. This usually falls under negligence, breach of warranty, and strict liability.
Do I need a lawyer to file a salmonella claim?
You may file your personal injury claim without a Salmonella attorney, but most insurance companies have lawyers on staff to deal with these types of claims. It is in their best interest to make you an offer that is not always your best interest, so hiring a salmonella lawyer will be helpful when negotiating for the settlement you deserve.
You are entitled to fair compensation for medical expenses, lost wages, pain and suffering, etc. A salmonella lawyer can help determine what types of damages are available in your case and how much they amount to. Your full compensation should include all economic losses that you incurred due to this preventable tragedy as well as non-economic damages such as pain and suffering.
What can I do to help my lawyer build my salmonella claim?
A successful Salmonella lawyer will always start with the medical records of his client. These records should contain all lab tests, diagnosis, treatments, and medications that were taken in the event of contracting the Salmonella bacteria. Presenting this information when negotiating for compensation is essential when proving your claim.
Salmonellosis lawsuits are usually filed by those who ingested food products contaminated with the bacteria resulting in illness. The most common form of salmonellosis is caused by food products containing raw eggs or undercooked meats. Other sources include fresh produce such as sprouts and lettuce, especially if they are grown in areas where livestock manure is used as fertilizer.
Salmonella lawsuits are filed against the food supplier, restaurant owner, manufacturer of the food product, or any other party that contributed to causing the contamination.
How much can I win in a Salmonella Lawsuit?
Most lawsuits are filed without any fixed amount in mind. This is because the client may not yet know the full extent of economic losses or non-economic damages that can be attributed to his case.
When filing a salmonella lawsuit, it is important to remember that many cases have been settled out of court for large sums. In one case, a 70-year-old woman passed due to salmonella from a food product. The lawsuit was settled for $1,415,000 net to the client. In another case, $8,527,000 went to 65 adults who contracted salmonellosis from a food product.
How do I find a Salmonella Lawyer to file my Salmonella Lawsuit?
Salmonellosis lawyers are available in all areas of the United States. Many personal injury law firms have a relationship with Salmonella lawyers that they can refer you to if required. You may also contact your local or state bar association for a list of law firms in your area as well as those who specialize in foodborne illness cases. A simple internet search should help you locate these professionals as well as those who handle wrongful death claims, product liability lawsuits, and other related salmonellosis lawsuits. In order to file a claim, legal representation is recommended.