Brain Damage Caused by Food Poisoning Lawsuit Lawyer

Were you or someone in your family diagnosed with brain damage or another type of brain injury due to toxins from contaminated food? Do you have questions about your legal rights if you suffered a brain injury that resulted from food poisoning? In that case, contact the food poisoning lawyers of Normandie Law Firm.

Food poisoning happens when you eat something that’s contaminated with toxins, like parasites, bacteria, and fungus. According to the Center for Disease Control and Prevention, around 48 million people get sick from food poisoning every year. Thankfully, most of these people make a full recovery, but over 120,000 individuals end up with symptoms that are serious enough to require hospitalization.

One of the worst consequences of food poisoning is brain injury, which can happen when the toxin that’s contaminated the food causes an infection or some other irregularity in the brain. This can leave you with permanent health complications that may force you to give up your job or limit what you can do for a living. You may also lose the ability to do many things you took for granted, like driving a car, living on your own, or taking care of your kids. In the most tragic cases, people end up losing a spouse, child, or another family member due to health complications from a foodborne illness.

If you or a loved one experienced food poisoning that led to a brain injury, you may have grounds to sue for monetary compensation from the individual or entity that’s liable for the incident. Our legal team is ready to speak with you and verify the details of your case during a free consultation. If you are eligible for a lawsuit against a supermarket, restaurant, or food manufacturer, we will take immediate action to bring you the payment you deserve.

We look forward to hearing from you and fighting for justice on your behalf. We hope the information in this article will be helpful to you, but you are likely to have many questions that are specific to your own circumstances. That’s why our attorneys are available to you 24 hours a day, 7 days a week if you need information on suing for food poisoning that resulted in brain damage.

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How Do People Get Food Poisoning?

You can get food poisoning by drinking or eating contaminated food or beverages, including water. Contamination of food can happen at any point, from harvesting to cooking to storage, due to a variety of conditions, such as:

• Not washing the food thoroughly
• Not washing hands before handling the food
• Failing to cook meat, poultry, etc. to a safe internal temperature
• Not waiting for certain foods to come to room temperature before storing in the refrigerator / freezer

Food poisoning can happen in restaurants, grocery stores, hotels, workplaces, and even your own home, so it’s important to follow safe food handling practices as recommended by the U.S. Food and Drug Administration. When a business owner or employee fails to comply with these practices, many people can end up being injured or killed from the effects of contaminated food.

Contaminants that can Cause Food Poisoning

Believe it or not, the CDC has identified over 250 illnesses you can sustain from contaminated food. The most common causes of food poisoning include:

Salmonella– This bacterium is the most common cause of hospitalization and death via food poisoning in the U.S. Common sources of salmonella poisoning include beef, pork, raw eggs, vegetables, and undercooked poultry. But even processed items that come in cans and jars can be consummated with salmonella.

E.Coli – This is a strain of bacteria typically found in raw vegetables and undercooked meat. E.coli contains a toxin called Shiga, which irritates the small intestines and causes you to become ill.

Norovirus–People normally contract norovirus from eating undercooked leafy greens and shellfish, but it can also be found in fresh fruits or food that’s been prepared by a sick person. This virus is the most common cause of stomach flu, which can cause stomach cramps, diarrhea, fever, nausea and vomiting.

Listeria – Found in deli meats, hot dogs, raw sprouts, and soft cheeses, listeria can cause an infection known as listerious. This form of food poisoning is particularly dangerous for pregnant women as it can cause fetal loss.

Staphylococcus aureus(staph)–Staph infections occur when staph bacteria is transferred from people’s hands to the food that they are handling. Foods that are common sources of staphylococcus aureus include milk and dairy products, poultry, sandwich fillings, and baked goods with cream fillings.

Hepatitis A –The hepatitis A virus is spread through contaminants in fresh produce, shellfish, and ice or water. While it’s not a chronic infection like other forms of hepatitis, it can lead to liver failure and possibly death.

Campylobacter– A bacterial infection that causes severe gastrointestinal issues, including diarrhea and bloody stool that can last for weeks. Undercooked poultry and eggs, contaminated vegetables, raw milk, contaminated water, and poor meat processing practices are usually to blame.

Shigella(shigellosis)
– Mostly found in undercooked shellfish and vegetables, the shigella virus can cause diarrhea with blood or mucus. Sometimes called bacillary dystentery, the infection is most often linked with undercooked shellfish, vegetables and mayonnaise or cream based salads like tuna salad, potato salad, and macaroni salad.

Damage to the Brain Caused by Food Poisoning

Thankfully, most people do not end up with severe complications from eating contaminated food, but there have been tragic cases of permanent disability, and even death. The most common brain injuries associated with food poisoning are:

• Meningitis

Also known as a brain infection, meningitis is the inflammation of the protective layer surrounding the brain and meninges (spinal cord). Meningitis can be caused by a virus, bacteria, parasites, and other contaminants that can be found in food. To maximize your chance of recovery, please go to the ER immediately if you experience vomiting, fever, stiffness in the neck, and light sensitivity, which are classic symptoms of meningitis.

• Guillain-Barre syndrome

This is a rare neurological disorder that causes muscle weakness and numbness throughout your body. The condition occurs when your immune system attacks the nervous system due to a viral or bacterial infection. Immediate treatment and physical therapy can help some patients recover, but others will end up with permanent symptoms, like paralysis in the limbs, difficulty swallowing, and vision problems.

Your Right to Sue for a Food Poisoning Incident

“Can I sue if I ended up with a brain injury from being poisoned by contaminated food?”

The answer to this question depends on your ability to establish the following:

• The defendant (person / business) that prepared the food owed you a duty of care
• The defendant breached that duty of care through reckless conduct or a failure to take reasonable precautions
• Their negligence caused you one or more injuries
• Due to the losses and trauma caused by these injuries, you are owed monetary compensation by the defendant

At this point, you may be wondering how a restaurant, processing plant, etc. can be negligent in their duty of care to the public. Usually, these lawsuits involve improper food handling practices, like not sanitizing food preparation surfaces, not keeping food cold or warm enough, and isolating raw meat, poultry, eggs, and seafood.

To ensure that you have a strong foundation for a lawsuit (and to safeguard your health), please seek medical attention right away if you experience symptoms of food poisoning. This will create medical records that prove that you are the victim of a foodborne illness. Then, contact a personal injury lawyer who can help you sue for a food poisoning incident.

Brain Injury from Food Poisoning Lawsuit Case Values

Case value for lawsuits involving brain damage can range from $750,000 to $5,000,000 and above. The majority of settlements will probably fall between $1,000,000 and $3,000,000 if you are a victim of Guillain-Barre syndrome, meningitis, or another illness caused by food poisoning.

In the event you are seeking wrongful death benefits, your case may be worth $500,000 to $2,500,000. However, the value is based on many factors, including the medical bills left behind by the decedent, the expected income they would have earned, and the degree of pain and suffering you are left with due to their death.

An experienced brain injury attorney is your best source of information when it comes to how much you can receive from a lawsuit. We have the means to find the necessary evidence, build a strong legal argument, and gather medical and financial experts to support your argument for compensation

How Long it Takes to Settle a Brain Damage Lawsuit

It can take around 1 to 3 years to settle a brain infection or neurological disorder lawsuit, based on the severity of your injuries and whether you are filing a personal injury or wrongful death claim. But these are not the only factors that can affect how long it takes to settle a brain damage lawsuit. If the injury or death was caused by gross negligence, meaning excessive levels of neglect by the defendant, this will greatly enhance the value of a brain injury caused by food poisoning claim. As a result, it can take longer to negotiate a fair amount of compensation on behalf of the victim / victim’s loved ones.

A small percentage of these cases go to trial, and this is where you see timelines of over 3 years to settle a food poisoning brain injury lawsuit. But this is very unlikely, as we almost always succeed in reaching a settlement out of court, though it can take over 18 months to get to that point.

Statute of Limitations to Sue for Injuries Caused by Food Poisoning

In California, claims involving injuries caused by someone else’s negligence, i.e., a personal injury lawsuit, must be filed within 2 years. Normally, the deadline to sue is 2 years from the date of the accident or incident that caused you to be injured. In the event the victim passes away from the effects of brain damage or injury from a case of food poisoning, family members can file a wrongful death lawsuit within 2 years from the date of death.

While exceptions do exist that can provide you with an extension, these are very limited circumstances that will not apply to most people. That’s why it’s crucial for you to contact us right away and start the process of filing a claim for monetary damages if you were diagnosed with meningitis or another brain injury from food poisoning.

Contact Normandie Law Firm

The devastating impact of brain injury cannot be overestimated, and that’s why it’s our mission to go after the responsible parties and ensure that our clients receive justice from a civil lawsuit. It all starts with a free case evaluation to learn about your rights and legal options. If you decide that a lawsuit is in your best interest, you can count on us to build a strong case and fight for the settlement you deserve.

All of our attorneys work under a policy known as the Zero Fee Guarantee, so you will not be asked to pay a single penny in legal fees. The cost of representing you is included in the payment we ask from the defendant and paid to us only if we win your lawsuit. That means your finances will never be affected by hiring us for a case of brain injury caused by contaminated food.

Please contact our office and speak to a food poisoning injury attorney as soon as possible.

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