You finally get the chance to go out and eat at a restaurant or the grocery store has a sale on an item you’re craving. The excitement is almost overwhelming and every bite tastes as great as the last—but a day or so later, you’re feeling sick and testing positive for an E. coli infection.
While reducing the risk of E. Coli outbreaks should be a priority, so is receiving compensation for your damages. Your medical expenses for E. coli testing and treatment can be steep, especially if the infection is severe enough to require hospitalization.
However, before you contact the insurance company and submit a claim, there are a few things you don’t want to do. These can negatively impact your E. coli claim and even make it impossible to recover compensation.
Don’t Put Off Filing an E. Coli Claim
Okay, so you don’t need to rush to the phone and call the insurance company the minute you receive positive E. coli test results. You can take some time to recover from your symptoms. After all, it’s difficult to carry on a conversation when your stomach is in a constant state of rebellion.
However, don’t wait too long to file a claim. You risk letting the statute of limitations run out. Your E. coli claim falls under product liability laws, which are governed by personal injury rules. What does this mean for your E. coli claim? Your statute of limitations is the same for product liability and personal injury claims.
The statute of limitations differs from state to state but most range from two up to three years. The statute of limitations starts as soon as you’re infected with E. coli bacteria. If you let the statute of limitations run out, there’s a good chance you can’t file a claim.
There are a few exceptions. For example, the statute of limitations can be temporarily paused for minors until they turn 18.
Don’t Throw Evidence Away
You may think this is common sense but evidence can end up in the trash. We’re not suggesting anyone is trying to sabotage your E. coli claim. However, you may accidentally toss something away that can help support your product liability claim.
Even though you typically aren’t required to prove negligence in product liability cases, you still need to support your claim you suffered damages. If you can’t show proof of your damages, you’re probably not going to be able to claim compensation.
So, what should you keep as evidence? Your medical bills and receipts help show that you contracted E. coli and it resulted in damages. But you also need to prove the following in your claim.
- Where you purchase the contaminated food and/or drinks. Remember, E. coli is not only caused by tainted food, unpasteurized milk, and fruit juice can also cause this bacterial infection.
- The manufacturer, packing company, or seller was aware the food was tainted and didn’t take steps to protect consumers. This typically applies during product recalls. The health department issues a recall due to possible E. coli contamination and the product stays on the shelves or menu.
If your E. coli illness is caused by improper food handling or preparation, you may need to rely on the health department’s investigation. Proving someone mishandled food is difficult and most restaurants aren’t going to let patrons wander into the kitchen to watch the prep work.
A good rule to follow is to save everything related to your E. coli infection and potential claim. You never know what you may need to provide as proof to support your case.
Don’t Try to Hide Your Potential Liability
Honesty in life is important and this is especially true in legal matters. Penalties for lying under oath can be steep. Along with fines, you may also face jail time. Don’t fudge the truth even a little on a product liability claim. The insurance company also has investigators and their job is to try and discredit your claim.
Even though you’re the one diagnosed with an E. coli infection, you can also be liable. An example can be if you notice the hamburger you ordered is almost raw but decide to go ahead and wolf it down, you may be assigned some of the liability for your E. coli infection. This can ultimately affect your settlement amount.
How much your compensation is affected depends on your percentage of the blame. State laws can also impact your ability to file a claim if you're also liable for your damages. If your state follows comparative negligence rules, there’s a good chance you can still file a claim.
Comparative negligence allows for more than one party to be held liable. As long as you’re not assigned more than 50% of the blame, you should be able to recover some compensation for your damages. Your settlement is simply reduced by the same percentage as your blame. So, if you’re assigned 25% of the blame and your compensation award is $100,000, you receive $75,000.
Don’t Forget To Consider Other Liable Parties
You may have contracted E. coli in a restaurant but this doesn’t mean it’s the only liable party. Product liability cases can have more than one defendant. Sometimes, a claim can include the restaurant, supplier, and manufacturer. Every E. coli claim is different so it pays to do your research.
Why do you want to spend time looking for other potentially liable parties? The answer comes down to compensation. Each defendant typically has insurance separate from the others, which means you may be able to file a claim against each insurance company.
However, before you start contracting multiple insurance companies, consult with an experienced product liability attorney.
Don’t Go Through an E. Coli Claim Without Legal Representation
Navigating an E. coli claim without legal representation is an inadvisable step to take. Product liability claims can be particularly intricate, especially when it comes to determining and proving liability.
Your attorney can manage everything, from assessing your damages to identifying the responsible parties. This professional support ensures that your claim is handled efficiently and effectively, providing you with the best chance of a favourable outcome.
