E. coli (Escherichia coli) is naturally found in a healthy person or animal’s intestines. Most E. coli strains are harmless, but some can cause severe symptoms. The harmful strains include E. coli 0157: H7.
This means that exposure to E. coli can cause a serious intestinal infection if you eat contaminated food. Very young children and older adults could even develop kidney failure when infected with E. coli 0157:H7.
If you are infected with this strain, you will experience symptoms around four days after exposure. These symptoms include diarrhea, stomach pain, nausea, and vomiting.
If you believe you ate contaminated food from a restaurant, takeout place, or grocery store, you may have grounds for filing a lawsuit, especially if you develop hemolytic uremic syndrome. This severe complication affects the kidneys and your body’s blood clotting functions.
How to Sue for E. coli Poisoning
If you want to sue after falling ill from eating contaminated food, you must consider the following factors:
- Do you know what food made you ill, and do you remember where you bought it?
- Were you tested for E. coli poisoning, and did the hospital report your case to the health department?
- Did your infection lead to days off from work and urgent medical attention?
You have grounds to sue if you answer yes to one or more of these questions. Remember that if you do not know what caused your illness and if you were not sick enough for medical treatment, you cannot file a lawsuit.
To increase your chances of filing a successful lawsuit, you must do the following:
- Get medical attention immediately. Even if you were not planning on suing, you must get treatment for an E. coli infection. Keep all medical records and receipts from the hospital or doctor should you file a legal case.
- Gather all possible evidence. If you still have the packaging and receipts of the food you bought and ate, keep it. You can use this as evidence to prove that you became ill after eating the food.
If the food came from a restaurant or takeout place, check online reviews from other customers. If other people mention getting sick as well, you may be able to get witness statements from them for your case (and vice versa).
- Speak to an experienced E. coli lawyer. A lawyer can help guide you through the steps of your lawsuit. They will extensively investigate, obtain more evidence, and determine who is liable for your illness.
Who Is Typically Liable in an E. coli Case?
Determining liability is not always easy, so you should have a lawyer on your side. Different parties may be liable depending on where and when the contamination happened.
For example, if you ate at a restaurant that failed to safely handle or cook your food, they could be liable for your illness.
If the restaurant or takeout place’s food distributor delivered contaminated food products, the distributor may be accountable.
In rare cases, meat processors or farms may be liable if their handling practices led to an E. coli outbreak.
What Type of Damage Is Covered by an E. coli Lawsuit?
If your case is successful, you can claim damages related to medical expenses. This includes all medical bills related to your E. coli illness. It also includes medications and potential future treatment for complications.
E. coli illnesses are often severe enough to keep patients at home for days or weeks. If you cannot work because of infection, you can recover compensation for lost income. However, you would have to get proof of income loss from your employer.
You may also be able to claim pain and suffering if your illness caused you physical and emotional distress.
How an E. coli Lawyer Can Help You
If you have enough evidence to file an E. coli case, hiring an experienced E. coli lawyer can increase your chances of success. These lawyers specialize in foodborne illness lawsuits. They deeply understand how the law works regarding food safety regulations.
This means they can thoroughly investigate your case, get the evidence needed, and build a winning case. Moreover, your lawyer can negotiate a fair settlement on your behalf. You would not have to communicate with the at-fault party’s insurance provider.
Winning Your E. coli Case
E. coli poisoning is painful, uncomfortable, and generally unpleasant. If you suffer severe illness and complications, you should file a case against the at-fault party. Do not hesitate to get a lawyer to represent you and protect your rights throughout the legal process. Doing this will give you a much higher chance of winning your case.
