Personal Injury Claims: A Guide To Food Poisoning Resulting In Hospitalization

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Food poisoning happens more often than you think. Each year, roughly 1 in 6 Americans get some form of food poisoning; however, only 128,000 cases result in hospitalization. If you've gotten severe food poisoning that resulted in hospitalization after visiting a restaurant, you can recoup medical expenses, wage loss and other types of compensation from the restaurant with a personal injury suit. This article will give you a brief explanation of all that you need to know.

The Law Surrounding Restaurant Food Poisoning

Each state and city possesses unique safety and health regulations that govern the restaurants and their responsibilities toward providing a clean kitchen and eating environment. A board of health further enforces these rules. If a restaurant is found to have violated these rules, they face steep fines and penalties.

Although these rules and regulations are important in maintaining a certain standard, these standards do not state whether you are eligible to any form of compensation. Fortunately, the courts require all restaurants to a legal duty of care to protect their patrons from undue harm. In short, if the food poisoning was caused by the restaurant's negligence, the restaurant is held legally liable and you have a right to compensation.

Type of Evidence Needed to Build a Strong Case

If you have severe food poisoning and end up in the hospital, your medical bills can be quite costly. In addition, you also have to factor in wage loss and other expenses. Speak with a personal injury attorney to build a strong case and request for the compensation you are legally entitled to. To build a strong case, both you and your personal injury attorney must first compile evidence. The types of evidence needed include the following:

• Medical and biological testing to determine the type of pathogen ingested. This will provide further details to the type of symptoms experienced, the severity of the situation and more.
• Medical bills and receipts. Ask for copies of admittance charts at the hospitals, billings and other medical information that may come in handy. If you paid for any over-the-counter medication, make sure to keep the receipts as well to be compensated for their costs.
• A Pulsed-Field Gel Electrophoresis (PFGE) test. This can help trace the pathogen back to a specific restaurant. For example, if several patrons from the same restaurant were hospitalized with the same pathogen and symptoms, a personal injury attorney can prove a specific restaurant is at fault more easily in court.
• The food and any packaging taken home. If you took leftovers home, keep the leftovers. They can be tested for traces of pathogen to verify and back up the claims being made.
• Witness testimony to prove you were at the restaurant at the time and date claimed. Witnesses should provide a written statement confirming all claims being made.
• Evidence of lost wages. Have your employer provide income receipts to prove wage loss. Your employer should also provide documents detailing the times and dates taken off work.
• Additional expenses. For example, if you had to hire a caregiver for taking care of the children, make sure to keep the receipts as well.

Your personal injury attorney may also look into the history of the restaurant to determine whether reports have been made in the past or whether the restaurants have been marked up for violating any of the safety and health regulations.

Conclusion

Although most food poisoning cases are relatively minor, a fraction of the cases is quite severe. If you ended up hospitalized, speak with a personal injury lawyer immediately to determine the legal approach to take in order to get the compensation you deserve. Don't try to settle a claim yourself because you'll likely be receiving far less than you deserve.

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22 June 2015