How can I get compensation for food poisoning?

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How can I get compensation for food poisoning?

I recently contracted food poisoning the caused me considerable pain and 2 trips to the hospital and a missed week of work. everal days later, the store that I shop at announced that it recalled all of it’s bunched spinach, which I had purchased 2 days to me becoming ill, due to listeria concerns. How should go about the process of compensation, if possible?

Asked on September 27, 2012 under Personal Injury, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can begin by sending a letter to the store and/or the food's manufacturer, outlining what happened and requesting compensation. If they do not respond or choose to not pay, your next step would be to initiate a lawsuit against one or both, by filing and serving a summons and complaint. You could seek: 1) your out-of-pocket (not paid by insurance or a government program) medical costs; 2) your lost wages; 3) other out of pocket costs (such as if you had to take cabs/taxis; hire an aid to help with anything for some time; etc.); and 4) some amount for pain and suffering--as a rough rule of thumb, an amount equal to your out-of-pocket medical costs for a case like this. It would be better to let an attorney help you, if the total above is several thousand dollars; if it's several hundred, you probably should act as your own attorney.


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