Essential Steps For Filing a Salmonella Claim in Texas

Were you infected with Salmonella through no fault of your own? If so, you may be able to recover compensation for things like your medical costs, lost income, and even mental anguish. 

If you’re wondering how common Salmonella poisoning is? An estimated 14.1% of chicken products contaminated by Salmonella end up on plates each year. Yep, some of these cases are in Houston. 

So, if you come down with Salmonella poisoning, can you recover compensation? Sometimes, you can, but proving liability in a Salmonella infection claim can be complicated. You’re going to need to follow a few steps.

Get a Medical Diagnosis

You can’t file an injury claim if you can’t provide proof you contracted Salmonella. In other words, you can’t just say your upset stomach is caused by exposure to Salmonella. You’re going to need to provide proof.

This means making an appointment with your healthcare provider and sitting through a medical checkup. If your symptoms are severe, don’t wait for an appointment; head to the closest hospital. Some Salmonella poisoning cases can quickly turn life-threatening without medical treatment.

Save all of your medical records and receipts for any medications. This includes over-the-counter remedies. If your symptoms are severe enough to require long-term care, get everything in writing from your physician.

Determine the Source of the Infection

Sometimes, it’s pretty easy to figure out how you came in contact with Salmonella bacteria. Other times, it can be a little more complicated. This is usually true when it takes several days for symptoms to appear.

If it only takes around eight hours or so to start feeling sick, you can probably figure out the source of the infection. If it takes a few days to exhibit symptoms, you may need to rely on your local health department. The health department wants to be notified of any foodborne illness occurring in the area. The government agency will do its own detective work to trace the source of contamination. 

 

Relying on the health department can slow down the claim process, but you must be able to identify the source before you can move forward with an injury claim.

Try to Contact Others Infected with the Bacteria

Some Salmonella poisonings make the local or even national headlines. This typically applies when an outbreak occurs, affecting multiple people. If possible, try to contact others infected with the bacteria. Your shared experiences can help support each other’s Salmonella claims.

However, don’t be pushy and try to convince someone to file a claim. This is a personal matter and should be left to the individual.

A class action lawsuit is another possibility. You and anyone else infected by the Salmonella outbreak may want to file a joint lawsuit. Sure, you’re sharing any compensation with other claimants, but there can be some advantages. Legal costs are usually shared, and you tend to have a bit more legal power supporting your case. While class action lawsuits aren’t the best solution for every Salmonella claim, it can be a good option if multiple people are affected.

Calculating Damages

Your damages from exposure to Salmonella can include both economic and non-economic losses. Your economic losses are things like your medical expenses and lost income. 

 

If your symptoms are severe enough to prevent you from returning to work, you may even be able to claim lost future earnings. Don’t get too excited. Insurance companies will want to see proof your injuries stemming from Salmonella are making it impossible for you to go back to work.

 

Even if you can show you’re unable to return to your previous job position, you’re still not going to be able to recover all of your lost future income. Instead, the insurance company will probably cover an average percentage of your annual income.

 

Calculating your economic damages is pretty easy. Just refer back to your bills, receipts, and past pay stubs. Your claim can also include non-economic losses, and these are harder to determine a fair value. Your attorney can use either the multiplier or per diem method to calculate any non-economic damages. If you’re not sure what non-economic losses are, they include things like your pain, suffering, and mental anguish.

Submit Your Salmonella Claim

After you calculate the value of your claim and gather all of your supporting evidence, it’s time to contact the insurance company. Don’t expect to receive a check in a few days. 

 

Chances are, the insurance adjuster is going to take some time to review your claim. Don’t be surprised if the insurance adjuster has plenty of questions. This is normal. You can refer the insurance company to your attorney. This is usually the best way to handle most communications.

Go Through Negotiations

After the insurance company reviews your claim, you’re probably going to go through a few rounds of negotiations. This is when the insurance company tries to offer you a lower settlement than your claim’s value.

 

You have the right to accept any offer from the insurance company. However, once you accept an offer, your Salmonella claim is considered closed. You can’t file another claim for the same Salmonella infection. This means, if bills are still coming in, you’re responsible for covering these damages.

Who Can Be Liable in a Salmonella Claim?

The list of potentially liable parties in Salmonella claims can be extensive. For example, the farmer can be the liable party if the bacteria are present before the products are shipped to the packing company. If the packing company isn’t following all health and safety regulations, Salmonella bacteria can spread.

 

Restaurants and grocery stores can also be liable in a Salmonella claim. Maybe the restaurant isn’t keeping the food prep area clean, or grocers are selling discontinued or recalled products.

 

Some foodborne illness claims even list multiple defendants. If a farmer ships contaminated eggs to a grocery store that sells the tainted products to customers, you may be able to name both parties in your Salmonella lawsuit.

Ensuring You Receive Fair Compensation For Your Houston Salmonella Claim

Going through a Salmonella infection isn’t pleasant, and the last thing you want is to struggle to recover compensation. If you’re exposed to Salmonella bacteria, contact an experienced Houston personal injury attorney. Your attorney can take care of the legal process while you focus on making a full recovery.