If you or a loved one have developed a severe illness due to an E. coli infection, you can seek compensation for your suffering by filing an E. coli lawsuit against the responsible party.
Escherichia coli (or E. coli) infections are a type of foodborne illness caused by consuming food or drinks contaminated with Shiga toxin-producing bacteria. Some of the most implicated foods in E. coli outbreaks include romaine lettuce, unpasteurized or raw milk, undercooked meat, and ground beef.
E.coli infections can sometimes result in severe complications, such as urinary tract infections, respiratory infections, and a type of kidney failure known as hemolytic uremic syndrome (HUS). These complications can result in significant financial, emotional, and physical harm.
Because the law requires food handlers to adhere to food safety regulations strictly, you have the legal right to sue any party that fails to do so. Read on to find out everything you need to know about filing an E. coli claim in the United States.
Can I Sue a Restaurant for E. coli Poisoning?
Yes, you have a legal right to sue a restaurant or any other party responsible for your foodborne illness. However, the validity of your E. coli case will depend on whether the illness can be traced back to the restaurant or any other party you are suing.
What Is an E. coli Lawsuit?
An E. coli lawsuit is a lawsuit filed by or on behalf of someone who became infected with E. coli after eating food contaminated with the bacteria. The infection sometimes spreads through human or animal contact, such as when visiting a petting zoo.
You can sue food producers, distributors, restaurants, retail stores such as supermarkets, and anyone else who may have handled or sold the contaminated food.
What Case Can I File for E. coli Food Poisoning?
- coli lawsuits are based on three types of liability claims. Think of these claims as the legal theories used by food poisoning attorneys to prove that another party is to blame for your illness.
- Strict products liability
- Breach of warranty
Food handlers must take reasonable precautions when manufacturing, transporting, storing, and preparing food. In a restaurant, for example, management should ensure that the kitchen environment is safe and that food is prepared safely, including cooking food to the proper temperatures.
Filing a negligence E. coli lawsuit means you must demonstrate that the company’s unsafe food handling practices and contaminated food were the sources of your illness. The evidence must show that the food poisoning was caused by the specific business’s food and not by any other food.
Finally, you must prove harm or injury. If you become ill and have the medical records to prove it, that will suffice to meet the requirement. On the other hand, the severity of the illness can determine whether a case is worth pursuing.
Strict Products Liability
A product liability lawsuit is a type of personal injury claim that is applicable when there’s evidence the food you were served or purchased was unsafe and defective. Unlike in the negligence claim, you don’t have to go to the length of establishing the specific defendant’s (entity you are suing) unsafe conduct that resulted in food contamination. Simply proving the food was unsafe when it was manufactured or sold and that the food injured you is enough.
Breach of Warranty
Most states provide implied warranty laws meaning that the food or beverage should conform to a regular buyer’s expectations and certain quality specifications. In an E. coli breach of warranty case, you can claim that the food didn’t meet your expectations of non-contaminated food.
Who Can File an E. coli Lawsuit?
Anyone who has suffered harm or injury due to E. coli food poisoning can file a claim to recover compensation for medical bills and other expenses. This includes individuals who have been hospitalized or who have experienced other medical complications.
Family members of a deceased person who died from eating contaminated food can file an E. coli wrongful death lawsuit. The laws governing the filing of a wrongful death lawsuit vary by state. The family members filing the lawsuit must be financially dependent on the deceased or have incurred funeral expenses due in most states. Loss of companionship is also considered as a form of harm.
Do I Need an Attorney To File an E. coli Lawsuit?
No. Hiring an E. coli lawyer is not required, but it is recommended. Food poisoning lawsuits are inherently complicated. To successfully prove your case in court, you must gather a large amount of evidence and have specific legal knowledge. And, without a doubt, the parties you’re suing will fight back. All of this can be frustrating and overwhelming for someone who has never filed a lawsuit.
In fact, you should not hire just any lawyer. Choose law firms with decades of experience and a proven track record of success in winning food poisoning lawsuits. A good lawyer will assist you in the following ways:
- Get fair compensation to the extent of your losses.
- Build a strong case and represent you in court.
- Gather sufficient evidence to prove your case and successfully hold the responsible party accountable.
- Handle the insurance company on your behalf.
What Is My Role in the E. coli Lawsuit if I Have an Attorney?
Your attorney will be handling the legal aspects of your case. But a solid attorney-client relationship is crucial in winding up a successful E. coli lawsuit. You can help your attorney build a strong defense for you by providing them with information, facts, and evidence. These may include:
- Copies of medical bills and receipts for medical treatment.
- Dates and times of medical treatment.
- Copies of prescriptions, medical records, and reports.
- Records of lost wages resulting from missed days at work. These documents could be in the form of employer letters confirming the accuracy of the information and dates.
Do I Have a Valid E. coli Claim?
You might have a valid claim if you were diagnosed with E. coli poisoning and the illness has caused you harm. You don’t have to stress yourself out or waste time trying to figure it out alone. Contact our E. coli law firm (Ron Simon & Associates) today for a free consultation and case evaluation. Our experienced E. coli attorneys will review your case to see if you have a valid legal claim. Once we establish that you do, we will work with you to get you the compensation you deserve.
Call 888-335-4901 or fill out our online form to reach our E. coli law firm. Our food poisoning attorneys are available 24 hours a day, seven days a week.
What Compensation Can I Recover if I Win My E. coli Lawsuit?
Victims of E. coli poisoning must be compensated for their losses under the law. This is known as damages in the legal world. Damages in E. coli lawsuits are typically in the form of medical bills, lost wages, and pain and suffering. This means you must determine the losses you have incurred due to the E. coli poisoning and calculate their costs. The costs of your injuries can be broken down as monetary, physical, and emotional.
In other words, the more severe your injuries are, the more compensation you will be able to recover. Most people who win six-figure settlements in E. coli lawsuits have severe food poisoning. Sometimes this could mean several days of hospitalization, disability, and complications such as kidney failure and medically-induced coma.
The food poisoning lawyers at Ron Simon & Associates will help you in determining the types of harm you can include in your claim, such as:
- Past, present, and future medical expenses
- Lost wages for missed days at work
- Lost earning capacity (if you are unable to work as a result of your injuries or become disabled)
- Legal fees
- Pain and suffering
- Loss of enjoyment of life (if you are unable to enjoy life due to your injuries)
- Physical impairment and permanent disfigures
- Emotional distress
- Wrongful death
How Can I Win My E. coli Lawsuit?
To win the lawsuit and receive compensation for your injuries, you must build a strong defense that holds the responsible party entirely accountable for your illness. This could mean proving that another party violated food safety regulations and sold you contaminated food that made you sick. If the victim has suffered significant harm, compensation is more likely to be awarded and awarded more quickly. However, if the illness did not require medical attention and only lasted a few hours, you may not be entitled to compensation.
What Are the Major Challenges in an E. coli Lawsuit?
If there are no E. coli outbreaks or illnesses from people who ate the same food or visited the exact location as you, proving your case can be difficult. However, if government health officials or agencies (such as the CDC and FDA) have linked the same food you ate to an E. coli outbreak, you may be able to prove your case and reach a quick settlement easily. During outbreak investigations, it’s easy to utilize the microbiological and epidemiological evidence collected by a health department or the CDC to prove your case.
The time lag between when you consumed the contaminated food and when you became ill can make tracing the source of the contamination difficult. Symptoms of E. coli infections appear 3 to 4 days after exposure to the STEC bacteria. It can also take between one and ten days. Within that time frame, you may have visited different places and dined at various restaurants. That’s why E. coli outbreaks make it easier to pinpoint the source of the infections.
When Should I File My E. coli Lawsuit?
The short answer is as soon as possible.
Every state has a time limit for filing an E. coli claim. In the legal world, this time limit is known as the statute of limitations. For example, in California, the statute of limitations for personal injuries like food poisoning is two years from the date of the injury.
If you are unsure about the statute of limitations in your state, contact a food poisoning lawyer at Ron Simon & Associates law firm. One of our attorneys will explain the time limits for filing an E. coli lawsuit in your state and all your legal options.
Even if you have a valid claim that deserves compensation, the judge will dismiss your case if you file it too late. Also, the longer you wait, the harder it will be to gather all necessary evidence. So, it’s in your best interest to file your E. coli lawsuit before the time limit runs out.
Class Action Lawsuit in E. coli Food Poisoning Cases
A class action lawsuit arises from an E. coli outbreak. A group of the outbreak victims who have been injured come together to file a lawsuit against the same defendant.
If you are a victim of E. coli food poisoning during an outbreak, you can check if a class action lawsuit connected to your case has already been filed. Do this by searching online or consulting an E. coli lawyer. A lawyer can also advise you on whether or not to participate in the class action lawsuit.
You can talk to one of our food poisoning attorneys free of charge. Get in touch with us right away.
How Much Does an E. coli Lawyer Cost/Charge?
Hiring a food poisoning attorney with decades of experience may appear expensive, but this is not always the case. We at Ron Simon & Associates work on a contingency basis.
Instead of charging you upfront, we only get paid if you do. We charge a percentage of the amount you receive as a settlement or award. This way, you won’t have to worry about legal fees before and during the case. You can also negotiate the terms before signing an agreement.
How Can I Find the Best E. coli Lawyer To File My E. coli Lawsuit?
To find the best E. coli lawyer, look for experience and a track record of success. The attorney fees are also crucial in determining whether you can afford the attorney and if you’ll retain a significant amount from your compensation.
The best part is that you don’t have to look far to find qualified E. coli lawyers. Ron Simon & Associates E. coli attorneys have decades of experience helping thousands of food poisoning victims get the compensation they deserve. Our lawyers are food safety law experts who have won large awards for our clients against corporate giants.
Why Should I Sue for E. coli Food Poisoning?
E. coli infections can alter the course of your life, especially if you develop complications like kidney failure, hemolytic uremic syndrome, intestinal tract infections, and other serious complications. While it’s possible to recover fully, sometimes you may require ongoing medical care.
The party that failed to do its job and caused you to suffer should compensate you for your losses. Seeking compensation also ensures that the negligent party takes food safety and sanitation rules more seriously afterward. This can aid in preventing an E. Coli outbreak linked to the same food handler in the future. You will have played a role in preventing future harm to others.
Who Are the Defendants in an E. coli Lawsuit?
A defendant is a party you are suing. It could be anyone involved in handling the food, including manufacturers, distributors, and retailers (like a grocery store). Sometimes it’s usually more than one party involved.
Why Hire Us To Help With Your E.Coli Lawsuit?
We are a highly rated food safety law firm with decades of E. coli litigation experience.
We won $13.2 million in one of our most recent E. coli poisoning settlements for a 5-year-old boy and 7-year-old girl who developed Hemolytic Uremic Syndrome due to E. coli poisoning. We guarantee that we will not stop until the responsible parties are held accountable, and you receive the compensation you deserve.
What Should I Do if I Think I Have a Valid Claim?
If you think you have a case, document the events leading to the food poisoning, for instance, the restaurants you dined in and what you ate. You should also talk about it with your healthcare provider, especially if no other cases have been publicized in your area.
Then contact an E. coli attorney to discuss your case as soon as possible.