Experienced Food Poisoning Attorney in Arlington, TX

A gavel onto of a law book with a set of legal scales on a desk.

It was supposed to be the perfect date. The young man had planned the entire evening from what he would be wearing and where they would eat to when he would surprise her with the diamond ring she had been hinting at for months. The next step to spending the future with the love of his life was just within arms reach.

The dinner went off without a hitch and the proposal was picture-perfect when they stepped back into their apartment. Rose petals covered the floor creating the image of a heart, both of their parents were there to witness and record the entire thing, and the sparkle in her eyes when he got down on one knee was an image he would never forget. 

However, as that night led into the next morning, both the young man and his new fiancee began feeling a bit sick. This sickness quickly went from bad to worse, leading them to rush to the doctor’s office. While he had been spared the worst, his fiancee was not so lucky. Dehydration had quickly set in as she couldn’t keep anything down, and she was sent to the hospital for more intense treatment.

What had caused both of them to get sick so quickly? Food poisoning from improperly stored and undercooked chicken from their romantic dinner at their favorite Italian restaurant.

Unfortunately, food poisoning is a commonplace occurrence across the United States. The CDC reports that about 48 million Americans suffer from a foodborne illness every year. While most individuals, like the young man in the above story, only suffer a mild illness from food poisoning, others are not so lucky. Food poisoning can lead to severe reactions that can lead individuals severely dehydrated, suffering complications such as issues with the kidneys, and further complications that require intensive medical intervention.

These severe cases often bring with them a hefty medical bill, the complete derailment of one’s life, and pain and suffering. Victims of food poisoning, when it is caused by the negligence of another party, should not have to be expected to pay for these damages.

Branch & Dhillon, P.C. has been Arlington, Texas’s trusted legal resource for all personal injury cases. From food poisoning to medical malpractice cases, our attorneys have the experience necessary to ensure that our clients get the compensation they deserve. If you need a food poisoning attorney in Arlington, Texas, or greater DFW Metroplex, our attorneys are only a phone call away.

What Are Common Causes of Food Poisoning?

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Food poisoning is caused by contaminants, germs, or other harmful bacteria getting into the food and leading to a foodborne illness. While it is called “food” poisoning, it is not just food that can be contaminated. Beverages can also be contaminated and lead to serious illness if not stored properly. Food can be contaminated with any of the following:

  • Bacteria
  • Viruses
  • Mold
  • Parasites
  • Poisons/Toxins

How Does Food Become Contaminated?

Food can become contaminated at any stage. Problems can occur as early as the growing, harvesting, or catching stage or be introduced later during processing, storing, shipping, or prepping. Due to this, in food poisoning cases, it can be tricky to pinpoint who the negligent party is. This is why having an experienced food poisoning attorney on your side is so important to the success of your case.

Food contamination and poisoning in U.S. restaurants often occur at the storage, prepping, and cooking stages. This can occur due to the following reasons:

  • Poor handwashing practices
  • Not properly disinfecting cooking or eating areas
  • Improper storage of the food
  • Improper cooking of the food

What Are the Symptoms of Food Poisoning?

Symptoms of food poisoning vary depending on the severity and cause of the illness. Symptoms can occur as early as a few hours after eating to a few weeks later. The most common symptoms include:

  • Upset stomach
  • Vomiting
  • Diarrhea
  • Diarrhea with bloody stools
  • Stomach pains or cramps
  • Fever
  • Headache

Symptoms that are less common but are indicative of more serious cases of food poisoning are as follows:

  • Blurred or doubled vision
  • Severe headaches or migraines
  • Loss of movement in limbs
  • Problems swallowing
  • Tingling or numbness of the skin
  • Fatigue and weakness
  • Changes in the sound of the voice

What to Do If You Have Suffered From Food Poisoning in Arlington, TX

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If you suspect that you have gotten food poisoning from an establishment that you have eaten at or food that you recently bought from the store that was still within its expiration date, the first thing you need to do is seek medical attention. Not only will this ensure that your symptoms and illness are being properly cared for but it can also rule out other possible causes, such as the stomach bug, which have similar symptoms. 

After you have sought out medical attention and have confirmed it as food poisoning, you will need to contact a food poisoning attorney, such as the attorneys at Branch & Dhillon. Our personal injury attorneys will ensure that your voice is heard and that the negligent party is held accountable for their actions.

What Should I Bring With Me to the Initial Consultation?

You should bring documentation or proof of the following to the initial consultation:

  • All medical records and bills related to your food poisoning/illness
  • Any documentation of other individuals, such as friends or family members, who may have had the same reaction as you after eating the food
  • Documentation showing you reported the food poisoning to your local health department
  • Receipt from the purchase of the contaminated food, whether from the grocery store or restaurant
  • Any remaining food or packaging left from the food that caused your symptoms. This should be stored in a sealed freezer bag.

Can I Get Compensation For Every Case of Food Poisoning?

No. Sometimes, food poisoning is such a minor case that a day or two in bed is all that is needed to alleviate symptoms. However, more serious cases of food poisoning that show signs of negligence or gross negligence should be brought to an experienced attorney, such as the team at Branch & Dhillon, so they can help you get the compensation you deserve to cover medical expenses and damages.

An individual should consider pursuing a food poisoning lawsuit if the following is true about your case:

  • You or your loved one was hospitalized because of the illness
  • You are experiencing long-term health issues as a result of the illness
  • Your illness has affected your ability to work and you are experiencing a loss of wages or lowered earning capacity
  • You experienced longer-term physical pain and suffering
  • The illness has caused emotional distress
  • The illness resulted in the wrongful death of a loved one
  • There is a class action lawsuit associated with your case

Proving Your Food Poisoning Case

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For a food poisoning case to be successful, the first thing that must be established is the particular food or drink that made the individual sick. This is extremely important as the defense may try to claim that while you thought it was the chicken at the restaurant you ate, it could also have been the ice cream you had later that night when you went home.

Be sure to keep track of everything you ate at the restaurant or home. Along with answers to the following questions:

  • How long was it after you ate that you noticed symptoms?
  • Did you eat anything else before your symptoms first appeared?

Detailed Notes Will Help Greatly

One of the best pieces of advice our lawyers can give you is to make sure you keep careful notes as soon as you suspect that your case may have to do with food poisoning. The more details you can record, such as the time of day and when the symptoms started, you, along with a medical expert, will be able to pinpoint the cause of your food poisoning. It is also important to check with others who were eating with you that night about how they felt after eating. If someone had the same dishes as you and got sick, this greatly improves the possibility of pinpointing the specific food that made you sick.

Avoid writing down broad statements, such as “the food looked or tasted gross. I felt sick for hours after eating.” It is important to be as specific as possible. What looked or tasted off? What symptoms were you experiencing and for how long? When did you reach out to a medical professional? What recovery options did they give or offer?

Talk With Others Who May Have Been Exposed to the Same Food

If another individual in your group had the same food as you did and they got sick as well, it may be easy to pinpoint the culprit. Make sure to record the conversations you have with friends or family members who had the same experience with the same type of food. This way, there is a record that shows the conversation took place, who said what, and that the evidence can be used in court or the individual can serve as a witness.

If You Still Have a Sample of the Food, You Can Have It Tested

A local health department will be able to test any leftovers from the food for illness-causing pathogens such as salmonella or E. Coli. You can also ask your doctor if they know of any commercial testing lab that can do the testing.

What if you don’t have food that can be tested? Not to worry, this won’t completely make or break your case. However, it will mean that there is more legwork needed to prove that the food you ate from the restaurant or grocery store caused your illness.

Proving That It Was the Contamination That Made You Sick

In food poisoning cases, it isn’t enough to show that the food you ate was contaminated with an illness-causing pathogen. It needs to be proven that the severity of your illness was caused by the contaminated food. Small amounts of food contamination may not make an individual sick. In some cases, it could be coincidental and another bacteria or toxin may have gotten into your system some other way.

To establish the link between the food and your illness, you need an appointment with a healthcare professional. They can run a urine, stool, or blood sample to identify your illness and its cause. If the test sample shows that the same pathogens that were in the food led to the illness you had, the link will be firmly established. Testing and records will not only strengthen your claim but also ensure that you are getting the proper diagnosis and treatment. 

Always keep copies of your medical records and don’t forget to show them to your attorney. You can also ask your doctor for a letter diagnosing the food poisoning. These pieces of evidence will work well for your personal injury case.

How Can I Gather the Right Evidence for My Case?

Having a personal injury attorney on your side is the best way to ensure that you are gathering the necessary evidence to show the negligence of the liable party and support your claim. The attorneys at Branch & Dhillon, P.C. can help you get into contact with a government health agency (either the state or county) that may be investigating similar food poisoning outbreaks from the same source.

We can also look into any food safety issues associated with the restaurant or food supplier in question, and ensure that this evidence is added to your case. In addition, we can also look into the federal food safety website for information about recent food recalls and foodborne illness outbreaks.

Compensation for Food Poisoning Victims

Individuals who have suffered severe illness from food poisoning can seek out compensation for damages associated with their illness. These damages include the following:

  • Current Medical Expenses
  • Future Medical Expenses Associated With Your Injury
  • Lost Wages
  • Loss of Earning Capacity
  • Pain and Suffering
  • Loss of Consortium (in cases of wrongful death)

The amount of compensation a person can expect to receive varies case by case. It depends on several factors, including the severity of the illness, the extent of the negligence involved, and the amount of damages incurred by the victim because of their illness. It is best to speak with an experienced food poisoning attorney for the best estimate of how much your case is worth.

Why Choose Branch & Dhillon, P.C.?

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Branch & Dhillon understands how hard it is to recover from a severe food poisoning case. The illness, mental strain on you and your family, and rising medical expenses can wreak havoc on one’s physical, financial, and emotional well-being. Our food poisoning attorneys focus on not only making the recovery process smoother but also on best representing each of our clients to ensure they receive the compensation they deserve.

Branch & Dhillon’s brilliant personal injury attorneys are no strangers to going up against the big companies. We don’t back down from a challenge and feel confident we can see your case to a successful conclusion. This is why we operate under a contingency fee structure. We will never get a penny from our clients until we get them the compensation they deserve. We know that the challenges they are facing on their road to recovery are stressful enough without worrying about legal expenses that are on top of it.

If you have suffered an illness due to food poisoning, don’t think you have to walk the road to recovery alone. The food poisoning attorneys at Branch & Dhillon, P.C. are more than willing to walk with you, fighting for your right to fair compensation.

Food Poisoning FAQs

What Are Common Symptoms of Food Poisoning?

Common symptoms of food poisoning include:

-Upset stomach
-Vomiting
-Diarrhea
-Diarrhea with bloody stools
-Stomach pains or cramps
-Fever
-Headache

How Long Do I Have to File a Food Poisoning Lawsuit in Texas?

The State of Texas has a statute of limitation of two years from the date of the injury to file a case. When it comes to food poisoning, this time frame begins at the onset of the illness. However, even though you have two years to file a claim, it is best to do so as soon as possible, to best preserve evidence and ensure that your case is as strong as it can be.

What Evidence Is Needed to Prove a Food Poisoning Case?

In a food poisoning lawsuit, evidence is the key to forming a connection between your illness, the contaminated food, and the liable party. Evidence may include:

-Medical Records
-Receipts
-Witness Statements
-Surveillance Footage (if applicable)
-Health Department Records
-Food Inspection Records
-Expert Witnesses

Can I Sue a Restaurant For Food Poisoning in Arlington, Texas?

Yes. If there is evidence that your food poisoning came from a particular restaurant due to negligence in either the storage, preparation, or cooking of the food, then you can hold the restaurant accountable for their negligence by filing a lawsuit.

What Compensation Can I Receive For a Food Poisoning Claim?

Damages that can be compensated for in a food poisoning case include the following;

-Current Medical Expenses
-Future Medical Expenses Associated With Your Injury
-Lost Wages
-Loss of Earning Capacity
-Pain and Suffering
-Loss of Consortium (in cases of wrongful death)

Do I Need a Lawyer for a Food Poisoning Claim?

Yes. A food poisoning attorney is your best shot at ensuring your case is successful and you can get the compensation you deserve. Don’t let the liable party bully you into accepting less than you deserve.