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It's not uncommon to get food poisoning after eating at a restaurant or foods that have not been packaged properly. More than 200 known diseases transmit through food, and foodborne diseases cause approximately 76 million illnesses, 325,000 hospitalizations and 5,000 fatalities in the U.S. each and every year. If you have suffered from severe food poisoning and are seeking the compensation you rightfully deserve, the personal injury attorney who takes on your case will work to help you prove two specific elements.
Your Burden of Proof
To file a personal injury case related to food poisoning, you have the burden of proof to prove two elements:
You will need to collect evidence to make a case proving both elements. Your personal injury attorney can determine whether the evidence you have already collected can prove your claim and whether additional evidence is needed.
How to Prove the Food You Ate Was Contaminated
This is probably the hardest element to prove since there is generally a time delay between consuming the contaminated food and when you experience food poisoning symptoms. You need to be able to pinpoint the particular food that was contaminated and which restaurant or manufacturer to hold liable.
To prove the food you ate was contaminated, you can:
How to Prove the Contamination Caused Sickness
Once you can prove you ate contaminated food, the next step is a piece of cake. You must prove the contamination caused sickness. The best way to go about doing this is to get medical help. Most physicians will take a stool sample from you to test for pathogens and evidence of any other types of contamination.
If you can prove that the food you ingested contains the same type of pathogens as the contaminated food from the restaurants or the food manufacturers, you have a strong case on your hand. You will further want to strengthen your case by providing detailed medical information and records regarding the symptoms you experienced and how the contamination may have affected your health, as well as your quality of life.
Having the evidence to prove the two elements required for food poisoning personal injury claims is just one of the first steps to take. A personal injury attorney needs to determine the amount of compensation you deserve based on your circumstances and also negotiate with the plaintiff to determine whether a settlement can be reached. Settling the case instead of going to court can help reduce legal fees and also simplify the entire lawsuit. For more information, contact an experienced personal injury lawyer in your area.