Our law firm receives frequent requests for legal representation from victims of food poisoning. There are many common questions victims of serious injuries including food contamination injuries asked our attorney during their initial legal consultations. One of the most frequent questions asked by clients is, “how much is my case worth,” or “what is the value of my case.”
Every case is different comprising of a unique set of factors thus making a calculation for the estimated compensation amount difficult to establish without a thorough case analysis by an experienced and knowledgeable legal practitioner.
However there are several factors which play a significant role in the potential value of a food contamination case. Those factors are presented below. If you have any further legal questions and would like to schedule a free no cost case legal analysis of your case contact our food poisoning law firm toll free (855)385-2529.
Factors in Estimating the Potential Average Settlement Value of a Food Poisoning Lawsuit
1. Severity of the Injury Incurred: The most important factor in determining the estimate value of a personal injury claim is the severity of the food poisoning. In the majority of cases individuals suffer mild symptoms of fever, dehydration, and gastrointestinal issues lasting a few days. However, many individuals suffer severe medical complications resulting for food borne illnesses lasting weeks at a time. According to the CDC 128,000 out of the total of 48 million food poisonings victims required hospitalizations. A further 3,000 individual each year die due to food-borne contamination. The severity of injuries can be evidenced via the use of hospital records, medication and prescription drug costs and the cost of rehabilitation care.
Some of the most severe food borne illnesses include:
- E. Coli
- Staph Infection
2. Requirement for Life Time Care – Disabled Care Costs: Sadly in severe instances of food poisoning victims suffer from long term or permanent effects rendering them unable to care for themselves. Victims are entitled to compensation for future medical and rehabilitation costs including, life care expenses, transportation, nursing home care, doctors appointment and medications.
3. Lost Time at Work – Loss of Future Earning Capacity: Pay stubs can be used as evidence in evaluating the amount of salary lost due to inability to work resulting from a food poisoning incident. In some instance victims of food contamination are unable to go back to work because they have contracted a virus or bacteria which may be contagious. Under such circumstances vocational experts will be brought in to decipher the estimated loss of future earning sustained by a victim.
4. Pain and Suffering Associated with Food Poisoning: Most jurisdictions across the United States allow juries to place a monetary value on the ordeal of pain and suffering experienced by a victim. Pain and suffering including not only the physical pain experienced by emotional trauma manifesting itself in symptoms of PTSD, (post traumatic stress), anxiety, and depression.
5. Establishing Causation: It is difficult to prove causation in food poisoning lawsuits. Evidence of improper acts resulting in food borne contamination often include, improper holding temperatures of potentially hazardous foods, improper cooling of potentially hazardous foods, inadequate cooking of potentially hazardous foods, poor personal hygiene of food employees, contaminated equipment, food from unapproved sources.
Legal Assistance: If you of a loved one have sustained food poisoning of have been afflicted with a serious food borne illness and require legal consultation contact our law office toll free at (855)385-2529. All consultations are completely confidential and free of charge.