Can I Sue a Restaurant For My Food Poisoning?

Food poisoning is unfortunately common. In fact, millions of Americans suffer from illnesses and diseases that result from eating contaminated food. The Federal government estimates roughly 48 million cases of foodborne illnesses every year; that’s nearly 1 in 6 Americans. 

In addition to uncomfortable side effects, food poisoning can cause serious long-term effects, such as Hemolytic Uremic Syndrome, Guillain-Barre Syndrome, or reactive arthritis. If you or a loved one suffered food poisoning from a restaurant, you may be able to recover compensation. 

To learn about recoverable damages, if you have a restaurant food poisoning case, and how an attorney can help, continue reading. 

What Damages Can I Recover for Food Poisoning from a Restaurant?

Restaurants have a responsibility to ensure the products they sell are safe to eat. When this is not the case, you may be able to recover damages in a personal injury lawsuit, specifically a product liability lawsuit. There are two main types of recoverable damages: economic and non-economic.

Economic damages, also called special damages, are intended to reimburse a victim for their tangible losses. Medical bills, transportation, lost wages, and lost earning capacity are all examples of economic damages that can be recovered in a lawsuit. 

Non-economic damages, also called general damages, differ greatly from economic damages as they are subjective and difficult to calculate. Pain and suffering, distress, disfigurement, and decrease in life enjoyment are some of the main non-economic damages recoverable in a lawsuit.

In certain cases, a victim may be able to recover punitive damages in a lawsuit. Under these damages, a victim can recover compensation for the intentional or extreme wanton actions of a restaurant.  

How Do I Know If I Have a Food Poisoning Case Worth Pursuing?

The best way to determine if you have a restaurant food poisoning case is to speak with a qualified food safety lawyer. An experienced attorney can review the details of your claim and help explore your legal options.

It is also recommended to create a written record as soon as possible after your illness. Creating a log of all ingested food, when you ate, and how it was prepared can be helpful, especially in determining the cause of the illness. 

Keep all medical records and contact local health officials as soon as possible to launch an investigation to inquire if there have been other serious food poisoning cases from the same restaurant. 

Should I Hire a Food Safety Attorney?

Hiring an attorney is not necessary, but is beneficial to any type of personal injury case. A lawyer can help an injured or sick victim explore his or her legal rights and guide the best course of action. 

In addition, a food safety lawyer can help recover evidence, contact professionals, and build a case while a victim focuses on recovery. Healing and recovering from serious food poisoning can be exhausting; choosing to hire a lawyer can help the burden of building a case.

Moving Forward After Food Poisoning

While most food poisoning cases only cause temporary discomfort, some can cause life-long illnesses and disabilities that can negatively affect victims’ lives. If you or a loved one is a victim of serious food poisoning from a restaurant, you have the legal option to pursue a personal injury claim. 

Seek immediate medical attention and then consider pursuing a lawsuit to help recover damages for your illness. Fight for justice if you or a loved one has suffered due to the negligence of a restaurant.