How to Get Compensated for Food Poisoning
Posted by Solomon Neuhardt Friday, 14 May 2010 12:21

According to the data available with the US National Institutes of Health, approximately 76 million cases of food poisoning are reported each year. This statistic might seem a bit remote if you are amongst the un-afflicted. However, if you have ever had the misfortune of falling prey to this illness, you might want to familiarize yourself with some of the facts given below.
Causes of Food Poisoning
food poisoning can occur due to several reasons; however, inadequately cooked food, improper storage, contaminated ingredients and unhygienic cooking conditions are the primary reasons. In most cases, food poisoning may cause severe headaches, chills, fever, diarrhea, vomiting, fatigue and stomach cramps. Usually, the victim recovers from the symptoms of food poisoning within a period of one or two days. However, in case of severe contamination, the patient will require hospitalization.
The treatment for food poisoning begins by testing the person’s blood, stool or vomit. Once the medical reports confirm the intake of contaminated food, the doctor provides proper medication to treat the infection. Rarely, diagnostic tests for food poisoning can conclude harmful diseases, such as Botulism and E.coli.
How to Claim for Compensation in a Food Poisoning Case
Food poisoning cases come under the purview of the Food and Drug Administration (FDA) in the US. A person who has suffered from food poisoning can file a personal injury lawsuit to seek valid compensation. The lawsuit can also be filled by a family member, friends or associates, in the event of the patient’s death due to food poisoning.
To file a personal injury claim, medical reports that prove the food poisoning incident are the most crucial evidence. However, the biggest challenge is to identify and provide evidence against the company or food vendor who had sold the contaminated product(s).
General evidence includes:
- Payment receipts
- Order records
- Packaging
- Left-over of the food product, if any
Many times, even health insurance companies refuse to compensate for food poisoning cases, which they consider an exclusion. In such a situation, the victim can file a lawsuit against both the food vendor/company and the insurance company.
Consulting a legal expert with experience in handling food poisoning cases is certainly of great help. An experienced solicitor will guide you through the standard procedure to initiate a claim and also help in collecting the relevant evidence necessary to receive just compensation.
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