With millions of visitors every year, thousands of restaurants, and a variety of caterers and other food services, food poisoning is bound to happen occasionally in Las Vegas. If you suffer a case of food poisoning here, you need to know what to do. Food poisoning symptoms can include diarrhea, nausea, fever, vomiting, and abdominal pain. These symptoms can start right away, after a few hours, or even several days after eating tainted food. Symptoms can last a few hours or several days. If a fever persists, or if there is difficulty speaking or swallowing, blurred vision, muscle weakness, or blood in the stool, seek immediate medical help. Once you’ve been treated, contact your local health department (in Las Vegas, contact the Southern Nevada Health District) and complete a report.
After that, you may want to get some advice from an experienced Nevada personal injury attorney. Personal injury lawsuits generated by food poisoning episodes are typically product liability claims that the food was contaminated and that the contamination caused the injury. If a death results, a victim’s family may also have grounds for a wrongful death claim. In Nevada, food poisoning victims have four years from the date of the injury to file a lawsuit; wrongful death actions must be filed within two years of the death. It’s imperative to act quickly, because if you try to file a claim beyond the deadline, Nevada courts will probably refuse to hear your case.
Depending on the specific kind of poisoning and your overall general health, food poisoning can make you mildly sick or violently ill. Infants, the elderly, and those with chronic illnesses are at the highest risk for food poisoning. Food poisoning can also sometimes cause serious illnesses and permanent injuries. The Type C strain of the bacterium Clostridium perfringens can cause a condition called Pigbel Syndrome that can be fatal.
Because of the time factor, proving you have suffered food poisoning is tricky. If the food in question can’t be tested, lab tests must prove that a parasite, bacteria, or virus was present in the body. All parties involved in the food’s chain of distribution can be investigated; food can become tainted during processing, packaging, shipping, storage, or preparation. If you’ve suffered a serious or lasting injury as a result of food poisoning, contact an experienced personal injury attorney. A good personal injury lawyer can evaluate your case, give you sound legal advice, and fight to win the compensation you deserve. You may be awarded damages for medical expenses, lost wages, and more. If you’ve suffered food poisoning in Las Vegas or anywhere in the region, speak with an experienced personal injury attorney right away.
The Basics of Personal Injury Cases
When you become involved in a personal injury lawsuit, both sides have formal legal tools they use to discover facts and documents from the other side and from other parties. Should your personal injury case go to trial, the ‘discovery’ process will take place before the trial begins. Discovery can include “interrogatories,” “depositions,” and “subpoenas.” Each discovery tool has its unique function as well as its own limitations:
- “Discovery” is the process of attorneys on both sides of a case compiling as much evidence and information as they can.
- An “interrogatory” is often central to discovery; it’s a set of questions from the defendant’s attorney(s) about your injury, the accident that caused it, your medical treatment, and the impact of your injury on your employment and your everyday life. You must answer the questions fully and truthfully, or your claim could be jeopardized.
- A “deposition” is also usually part of discovery. At depositions, witnesses are interrogated by the opposing attorney(s), and answers are given under oath.
- A “subpoena” is a court order that requires someone to appear for a deposition or requires documents or other items to be produced.
If you’ve suffered a personal injury of any kind because of another person’s negligence in the Las Vegas area, seek the advice of a good Las Vegas personal injury lawyer as quickly as possible.
Types of Damages
The key to prevailing in a personal injury case is proving negligence. You must prove that your injury happened because of the defendant’s negligent action or negligent inaction. Without the help of an experienced personal injury lawyer, in most cases proving negligence is almost impossible. You also have to prove that an injury actually happened and that the defendant’s negligence was the direct cause. In some cases, multiple parties are responsible for a plaintiff’s injury, so the law allows you to pursue damages from all responsible parties. An experienced personal injury attorney can assess the particulars of your case and suggest your best course of legal action.
If you have sustained a personal injury due to the negligence of another person, speak immediately with an experienced personal injury attorney, and get to know the more common types of personal injury damages and their definitions:
- Compensatory Damages – This category of damages refers to whatever is needed to compensate you appropriately. The goal of compensatory damages is to put you where you would be if the accident had never happened.
- Medical Bills – Bills you pay as a direct result of the injury. These may include doctor and hospital visits, prescriptions, physical therapy, and surgery costs.
- Lost Wages – If you lose work and pay because of your personal injury, you may be able to recover your lost income from the party responsible for the injury.
- Pain and Suffering – When your personal injury causes significant pain and suffering, you may be able to receive monetary compensation meant to offset the pain and suffering.
- Loss of Companionship/Consortium – This is a damage your spouse may be entitled to if, after your personal injury, you are no longer the same person. It is a frequent claim in wrongful death cases.
- Emotional Distress – Some injuries cause persistent, excruciating emotional pain. It’s possible you may be reimbursed for what you are going through.
- Wrongful Death – When a personal injury causes a fatality, a wrongful death suit is frequently filed by the victim’s family. Wrongful death damages may include compensation for projected earnings and for loss of consortium.
If you believe that you’ve been injured due to food poisoning, you should discuss your legal rights and options with a good personal injury lawyer. A personal injury attorney can fight aggressively on your behalf for the maximum compensation you will need and certainly deserve. If you’re injured in the Las Vegas area, contact an experienced Las Vegas personal injury lawyer immediately.