Should I Sue After Getting Food Poisoning From a Restaurant?

Should I Sue After Getting Food Poisoning From a Restaurant?

Scott Dylan Westerlund
Scott Dylan Westerlund
 | 

Despite having some of the strictest food hygiene safety rules around the globe, Americans still suffer from food poisoning at an alarming rate. Every year, about one in six Americans will fall ill from food poisoning.

 

While most cases of food poisoning are moderate and quick moving, some aren’t. About 128,000 Americans go to the hospital with food poisoning every year. If you were severely ill due to a restaurant’s negligence, then you’re likely wondering whether they’ll be held responsible for your medical bills. Is it worth pursuing a personal injury lawsuit against a restaurant after getting food poisoning? Get all the details below.

 

Food Poisoning and Restaurant Liability

 

When you purchase food that makes you sick, it makes sense that the establishment who served you should be held liable for your losses. While simple in theory, it’s rarely so straightforward to seek out compensation after falling ill from food poisoning at a restaurant.

 

By law, a restaurant has a legal duty to take reasonable steps to ensure your safety and health. Failing to prepare or store food properly would be considered a breach of that duty, which would amount to negligence in court. A negligent business is a legally liable one. In other words, a negligent restaurant would be financially responsible for your medical bills after food poisoning.

 

Should I Pursue a Personal Injury Lawsuit Against a Restaurant?

 

To get that compensation, you’ll have to prove that the restaurant was negligent, though. Doing so can be very challenging! Not only do you have to prove that the food you ate at that establishment made you sick, but you’ll also need to prove negligence occurred, too. Accomplishing such a feat often requires the expertise of a good lawyer.

 

That’s where the question of whether you should pursue a lawsuit comes in.

 

You need to weigh out the pros and cons of seeking out a personal injury lawsuit against a restaurant. Depending on your situation, an investigation into the situation could be both costly and time-consuming. If your medical bills were minor because you only suffered stomach cramps, then it might not be a good idea to seek out a claim. If your losses were significant, though, then it’s likely worth your time and effort to seek out a case.

 

How do you know whether seeking out a claim is worth it, though? First, you need to estimate the value of your losses. If your loved one passed away while fighting off food poisoning, then seeking a claim is certainly worth the effort regardless of the financial loss you endured. Otherwise, you need to add up your medical bills, lost wages, and other financial losses associated with the event. If you suffered emotional distress or you want to seek out punitive damages to discourage the establishment from being so reckless in the future, then those losses are hard to value. It’s prudent to speak with a lawyer about the monetary value of such losses.

 

If the value of your losses is significant, then it’s time to move forward with your case. Be sure to reach out to an attorney to ensure that your case is worth pursuing, though, to avoid wasting your money and time.

 

Many lawyers do work on a contingency fee basis, which can be very beneficial if you need to seek compensation in a personal injury claim. Your lawyer will work for you and only get paid if you win your case.

 

Recovering from Food Poisoning

 

Mild cases of food poisoning cause stomach cramps, nausea, and vomiting. More serious forms can cause extreme symptoms, though. If you’re suffering from a high fever, bloody diarrhea, dehydration, or an inability to hold down liquids, then it’s wise to head over to an urgent care facility.

 

Depending on the severity of your losses, you may decide to seek out a personal lawsuit against a restaurant. Proving restaurant liability is tricky, though, and you’ll also need to provide proof of your diagnosis and losses. On top of all that, you’ll need to know the proper legal procedure to follow in order to get your medical bills paid by the restaurant that made you sick.

 

If you’re considering pursuing a lawsuit, then it’s advised that you speak with a local attorney about your situation. They’ll help you determine your options and best course of action. Are you ready to get started? Head over to our lawyer search page now to find a top-quality attorney in your area that can help.

This article is intended to convey generally useful information only and does not constitute legal advice. Any opinions expressed are solely those of the author, not LawChamps.

Scott Dylan Westerlund

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