San Diego Food Poisoning Attorneys

A severe episode of food poisoning is not only painful and disabling; it may also leave a person with long-term health consequences. Some people who have suffered food poisoning caused by Salmonella, Shigella, and Campylobacter bacteria develop Reactive Arthritis, a painful inflammatory condition which may affect the joints, the eyes, or the urinary tract. Medical researchers have documented that people who suffer a severe episode of E.coli poisoning will face increased risk of kidney disorders, high blood pressure, and heart disease and stroke. Their long-term follow-up study indicates that an E coli infection is more serious and far-reaching medical event than was previously understood. Anyone who suspects an E coli infection, from whatever source, should seek medical attention and should also be followed afterwards for possible long-term complications of high blood pressure, kidney disorders, and stroke and heart disease.

If in fact you develop reactive arthritis, or suffer kidney disorders, elevated blood pressure, or heart disease or stroke, or other changes in your health that are related to your food poisoning, you may want to consult an experienced San Diego food poisoning attorney who can help you think through your situation and advise you about your options.

Should you consider legal action?

Many cases of foodborne illness and death are caused by the negligence of another person or business, by failing to follow accepted food hygiene procedures. Negligence is conduct which falls below the standard of care established by law for the protection of others against unreasonable risks of harm. Misconduct is improper, or unlawful conduct motivated by premeditated or intentional purpose or by obstinate indifference to the consequences of one's acts. For example, owners of a produce facility, restaurant, or other food-handling operation may be responsible if the operation fails to follow and enforce proper food handling and food hygiene procedures.

A person who has suffered food poisoning as a result of another person’s or business’s negligence may have the right to compensation. If your food poisoning injury occurred as the result of another’s negligence or misconduct, an attorney experienced in dealing with food poisoning cases may be able to achieve a settlement that will recover your medical and rehabilitation costs, both current and future.

Compensation may include reimbursement for medical and hospital bills, present and future, lost wages and earning power, pain, and other physical distress, and psychological suffering and the loss of well-being as a consequence of illness. A person whose beloved child or other loved one has died as a result of food poisoning illness may also have a right to compensation and redress.

If you decide to pursue legal action, you should contact an attorney as soon as possible for review of your situation. Every state has deadlines, called statutes of limitation, which regulate the filing of lawsuits. These vary from state to state. If you or a loved one have suffered a serious food poisoning injury and feel that negligence or misconduct were involved, you should not delay in contacting an attorney. If the statute of limitations expires, your right to pursue a claim may be forever barred.

The usual arrangement for hiring a lawyer in a food poisoning case is a contingent fee agreement. The attorney agrees to be paid a fee only if the client's case is ultimately successful, either by settlement out of court or by a judgment following a court proceeding. The attorney then receives a percentage of the final amount recovered. If there is no recovery, there is no fee. This fee arrangement is helpful for most people with a serious food poisoning injury because it does not require the person bringing the case to pay any money up front.

If you or a loved one has suffered a serious foodborne illness, you should immediately contact a plaintiff’s law firm that handles foodborne injuries. When you contact Casey Gerry, one of our experienced San Diego food poisoning lawyers will discuss your case with you to help you determine the best way to proceed.