Proving a Foodborne Illness Case: The Process

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Uploaded by on Jan 27, 2009

Food safety lawyer explains what the process is for proving a foodborne illness case and obtaining compensation for victims. The first step in the process is getting to know you, what foods you ate, and how the illness has affected you. Next, we contact state and federal health departments and the CDC to obtain the epidemiology and microbiology testing that was part of the outbreak. We also obtain your medical records and talk with your doctor. We then do our own investigation. Once we have gathered the necessary evidence, we put together a settlement demand, usually a lengthy document telling the insurance company, food manufacturer and other potentially-liable parties what you have gone through. If we can't settle the case, then we put the case in suit, which means serving court papers on the parties responsible for your illness. We then litigate the case and get the case ready for trial. Most of these cases settle out of court. But we have found that the best way to obtain the best recovery for our clients is to prepare the cases with all of the precision and skill that we have, so the responsible parties understand we are serious about the case and willing to take it to trial.

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