Salmonella and other foodborne illnesses can leave you feeling miserable. You may even find yourself spending time in the hospital to treat the bacterial infection. When you purchase food items from restaurants and grocery stores, the last thing you expect is to come down with Salmonella.
Unfortunately, cases of Salmonella infections can occur and you may be able to file a claim, which usually means retaining legal representation, but is it really necessary to hire an attorney? The importance of legal representation for Salmonella cases shouldn’t be ignored. Foodborne illness claims can be complex, especially if you’re not familiar with product liability laws.
What Are Product Liability Laws?
Cases involving Salmonella infections and other types of foodborne illnesses are governed by civil law.
What this means is your case is heard in civil court. If your claim is successful, the defendant is liable for your damages. However, even when the defendant is found guilty, they don’t face any type of criminal punishment. Only criminal courts can levy penalties like fines and jail time.
So, what are product liability laws? These are rules affecting manufacturers, distributors, and retailers. The laws require all products sold to the public to meet certain safety requirements. If a product is potentially hazardous or presents a known danger, appropriate warning labels must be clearly visible.
In a nutshell, product liability laws work to protect consumers from products that can cause them harm. These laws also grant consumers the legal right to pursue compensation if a product causes injury.
How Legal Representation Can Help A Salmonella Claim
Simply being diagnosed with a Salmonella infection isn’t enough to file a claim. After all, you could’ve come in contact with the bacteria in your kitchen.
You also need to figure out which regulatory agency is responsible for overseeing your case. This can include both state and federal agencies.
For example, if you contracted the illness from meat, poultry, or dairy products, the USDA is the overseeing federal agency. If the bacterial infection is caused by other tainted foods, the FDA is the entity you should contact.
Don’t forget about state and local agencies. State and local agencies typically oversee food sold in restaurants and manufactured in the state. Adding to the possible confusion is the Centers for Disease Control and Prevention (CDC). The CDC tracks all Salmonella infections and often steps in to investigate the bacteria’s origins.
As you can see, simply reporting a Salmonella infection can be a complicated process but an attorney can help you determine which agency to contact.
Collect Evidence
The various government agencies will take care of a lot of the investigation. The CDC usually takes care of tracking where the contaminated food originated and the state health department handles the investigation closer to home.
While these agencies will provide you with some information, more may be needed to support your Salmonella claim. This is when having an attorney can help. Foodborne illnesses can occur for a variety of reasons and an attorney can help you learn more about any contributing factors.
Calculate Your Damages
Damages from a Salmonella claim typically include medical costs, and these expenses can quickly add up, especially if the infection is severe enough to require hospitalization. The CDC estimates around 26,500 people are hospitalized with Salmonella poisoning each year.
If the infection causes you to miss work, this can also be included in your Salmonella claim. You may be able to recover compensation for current and past lost incomes.
While you can probably calculate these economic damages without assistance from an attorney, non-economic damages are a little different. These are intangible damages like mental anguish, pain, and suffering. You can’t just write down a number and hope the insurance adjuster accepts your claim. So, how do you calculate your non-economic damages?
Your attorney can use either the per diem or multiplier method to calculate the total of your non-economic damages. The per diem method takes the total of your economic damages and multiplies this figure by the number of days you experienced symptoms associated with Salmonella poisoning. For example, if your medical costs are $100,000 and your symptoms lasted for two days, your non-economic damages are $200,000.
The multiplier method also uses the total of your economic damages but it doesn’t count the number of days you’re ill. Instead, you assign a number, usually between 1.5 and 5, to your pain. The higher the number the greater your suffering. The total of your economic damages is multiplied by the number you assigned your pain. So, if your economic damages are $100,000 and you gave your pain a 2 rating, your non-economic damages are $200,000.
If you’re wondering about punitive damages, your Salmonella case may be eligible. However, only a judge or jury can award a plaintiff punitive damages. You can’t include these types of damages in your Salmonella claim. Most states also have caps on punitive damages and your attorney can explain how this may impact your compensation.
Handle Negotiations with the Insurance Company
Insurance companies don’t like paying out claims and will use plenty of tactics to try and get you to accept a lower settlement amount. Part of the claim process is going through negotiations with the insurance adjuster. If negotiations fall through, then your attorney can file a lawsuit in civil court.
Going through negotiations without legal representation is usually a mistake. Insurance adjusters are familiar with the process and can make accepting a lower settlement amount initially seem like your best option. However, if you decide to accept the insurance adjuster’s offer, your claim is considered closed, and this applies even if your expenses continue adding up.
Your attorney can handle the negotiations and help ensure you receive a settlement that covers your current and future damages.
Navigate Your Salmonella Claim With Help From An Attorney
Navigating which government agency to report your Salmonella infection to can be complex, and the process often becomes even more confusing. Having legal representation can streamline your Salmonella claim, helping to ensure it progresses smoothly.
An attorney can advocate for your rights and help you obtain fair compensation for your damages, alleviating the stress and uncertainty of dealing with the aftermath of an infection.
The post Why Legal Representation Is A Necessity In Salmonella Claim first appeared on PIERREBLAKE.