Food Poisoning – Steps You Need to Follow When Opening a Claim

Nothing is worse than feeling your stomach is sick, especially after you’ve enjoyed a delicious meal (or so you thought…). Sometimes, you think it’s only a normal stomach ache, but there are worse situations in which there is food poisoning involved. What can you do about it if you’re at a restaurant?

If you want to know what you can do when opening a food poisoning claim, here is the information that you seek.

Understanding Food Poisoning

First of all, it’s important to know what leads to food poisoning in the first place. Basically, it happens when the food you consumed contains viruses or bacteria. The food can be contaminated with bacteria if:

  • The meat is not cooked properly
  • Whoever prepared the food had dirty hands
  • The food isn’t stored at proper temperatures
  • The food was cooked with dirty utensils

The symptoms usually start two to six hours after eating the food, and they include headaches, fever, nausea, vomiting, and weakness.

Proving Your Claim

Proving your claim in case of food poisoning can be a real challenge. You will need to prove that the food you ate was contaminated and that it made you sick.

Basically, you have to find out the particular food that led to your sickness. It may be very difficult to do so if there was a time delay between consuming the meal and the symptoms unless there are others with the same problem.

The case may be easier if a government health agency is involved and traces the source of food poisoning. Scientific testing can be important because it can prove what viruses were present in the food, and it would be a solid evidence.

You will also need to prove that the contamination made you sick through stool samples that were scientifically tested. Your claim will be strengthened by such proof.

Who Is Responsible?

You will need to include everyone involved in the distribution chain of the contaminated food. The chain is usually made up of the food processing company, the retailer, and the number of suppliers, wholesalers, and distributors in between. Any of these may be liable.

How Long Does the Lawsuit Need to Be Filed?

When it comes to personal injury claims, this usually depends on the state, because each of them has time limits, called the “statute of limitations”. Check your state’s statute of limitations so you know when you should be bringing your claim.

Get Help

If food poisoning occurs, you may want to seek help from an injury lawyer who specializes in food poisoning cases. The lawyer can tell you what you should and shouldn’t do to possibly win the claim.


Food poisoning cases can be difficult sometimes because you need to come with proof for your claims. You must prove that the food was contaminated and that it is the reason why you are feeling sick. Thankfully, you can use various tests for that, and your claim will be strengthened. Last, but not least, don’t forget to call on a specialist to help you with your claim.

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