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Presenting A Strong Food Injury Claim

10 July 2018 by Kenneth Graham

If you have been made ill by bad food, you may feel like the negligent person should pay your damages. This may or may not be true depending on the circumstances of your food-related injuries. However, you need to ensure the following things before instigating your claim or lawsuit.

Ensure You Were Actually Injured

You don't have a valid food poisoning claim just because you had a small stomach upset. What if the exotic food you tried at the new restaurant around the corner doesn't agree with your stomach? You can only instigate a food poisoning claim if you can prove actual damages or injuries associated with the food. For example, you have a reasonable claim if you ate food contaminated with E.Coli, you had a running stomach and you had to miss a few days off work. These are all actual damages that you can get compensated for.

Ensure You Can Link Your Illness to the Food

You will be required to confirm that the food you ate is what is making you sick, and nothing else. After all, there are many diseases that can mimic food poisoning symptoms. Again, who is to say that you ate bad food at home and not the restaurant you are accusing? In fact, your doctor should be able to identify the exact microorganism that is making you sick and link it to the food you ate if you are to succeed with your claim.

Ensure Get an Expert Witness to Validate Your Claims

In most cases, a food poisoning claim needs the input of an expert witness to validate it. For example, you may need the help of a doctor to prove that your illness is linked to the food you are claiming or that the symptoms you are experiencing are consistent with food poisoning. Otherwise, it may just be your word against the defendant, and you would risk letting them dismiss your claim as a simple case of an upset stomach.

Ensure You File Your Claim Fast

The more you delay with your food poisoning claim, the more it will be difficult to prove. For example, you may delay and find that you can't find the evidence in the restaurant (they have cleaned out the poisonous stock). Therefore, you need to get medical treatment as soon as possible and instigate your claim the moment you have confirmed that it is the food that is making you sick. 

For more information, contact a law office like Law Offices of Michael Dye.

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