You have probably heard that food poisoning cases are difficult to win. If you developed food poisoning after dining at a restaurant, you are probably wondering whether it's worthwhile to pursue your case. Consulting an injury attorney can help you determine the worth of your case. However, these three factors can give you a rough idea on the strength of your claim:
You Can Prove It
Proof of injury and liability is an integral part of any injury lawsuit. However, it is particularly important in food poisoning cases because such cases are notoriously difficult to prove. Here are some of the reasons victims of food poisoning find it difficult to prove that they were poisoned at a particular restaurant:
- Food poisoning can kick in as late as ten days after the offending food was eaten; you shall have eaten other foods by this time.
- It will be difficult to trace the contaminated food that you ate since the servers probably got rid of any remains and cleaned the cutlery as soon as you left.
- Other diseases have symptoms similar to those of food poisoning.
You Got Really Sick As A Result Of Food Poisoning
For most people, pursuing an injury lawsuit only makes sense if the damages are worth it. The potential settlement should be enough to cover the cost of the lawsuit (legal fees, expenses, and expert witnesses'' fees), pay for your treatment, reimburse your monetary losses and pay for any other loss you have suffered as a result of the injury.
Unfortunately, food poisoning is usually a mild illness that goes away without treatment. In such cases, your losses might not be enough to cover the cost of the lawsuit and your damages. However, you definitely have a worthwhile claim if you got seriously sick and had to be treated.
Multiple People Have the Same Complaints
If you are the only one complaining of food poisoning, it will be difficult for others to believe that you are the only one who got sick after eating in a restaurant. This is because if you are truly the only one who suffered food poisoning, then it was only your dish or meal that got contaminated. Tracing the contaminant will be difficult in such a case.
However, tracing the contaminant isn't difficult if the food poisoning case has affected others besides you. At the same time, your claims also become more believable (provided you ate at the affected restaurant) if other people have similar complaints.
Contact a personal injury lawyer for help.