It is common knowledge by now that some E. coli strains are not dangerous. You have E. coli strains in your intestines that will not affect you in any way. Unfortunately, some strains can cause severe food poisoning. STEC, or Shiga toxin-producing E. coli, is a bacterium that can cause deadly foodborne diseases.
Several Austin, Texas, residents know exactly how awful an E. coli infection can be. The E. coli outbreak rate increased in the City of Austin between 2015 and 2018. Most recently, the CDC investigated E. coli outbreaks in Texas, linking it to raw cheddar cheese consumption.
The outbreaks affected multiple states besides Texas, with 10 people reporting an E. coli infection and four hospitalized. One person developed hemolytic syndrome, which can progress into kidney failure.
What to Do If You Get an E. coli Infection
If you are affected by an E. coli outbreak and suffer an infection, you may have enough reason to file a lawsuit. If you experience any of the following symptoms, get to a doctor first before calling a lawyer:
- Severe stomach cramps
- Watery or bloody diarrhea
- Nause
- Vomiting
- Fever
When to Take Legal Steps
Not every E. coli infection warrants a lawsuit. For example, you may have mild to moderate symptoms and then recover. But, if you experience severe symptoms or complications, you could consider taking legal steps.
If your infection results in an extended hospital stay, legal action should be taken against the party whose negligence caused your illness. Staying in hospital for even a few days can mean expensive bills and lost income.
You will likely win your legal case if an E. coli outbreak is identified in your area. This is mainly because other victims will share their experiences and evidence and file their legal cases.
Lastly, if an E. coli infection claims the life of a loved one, you can also file a legal case. In this instance, you would need to pursue a wrongful death claim.
What to Remember When Filing an E. coli Lawsuit
The first thing to remember when filing an E. coli case is that you only have two years from the date of your infection to do so. If exceptions or extensions apply to your case, your lawyer will let you know.
Secondly, you cannot file a case because you claim that food from a specific place made you sick. You need irrefutable proof that negligence caused contamination and that the contamination made you sick.
This means establishing the following:
- Causation: You must prove the cause of your illness (E. coli infection). To do this, you must get your medical records after receiving treatment for the infection. The medical records can help you create a link between the food you consumed and the subsequent infection symptoms you experienced.
- Negligence: You must prove that the responsible party neglected their duty to prevent the food from being contaminated with E. coli. The responsible party could be a food producer, restaurant, or grocery store. It all depends on where the contamination happened.
- Damages: When you have the necessary evidence, you can calculate the losses you suffered due to infection. These losses include medical expenses, loss of income, and pain and suffering.
A successful E. coli lawsuit will allow you to claim compensation for damages. These are usually categorized into economic, non-economic, and punitive damages.
Economic damages refer to the monetary losses you suffer, while non-economic damages can compensate you for pain and suffering.
In rare cases, victims will receive punitive and compensatory damages. But, this is a challenging outcome to achieve.
Why You Need to Hire an Experienced Lawyer
Hiring a lawyer to represent you when you file a legal case, including an E. coli lawsuit, is always best.
Your lawyer will help you gather all the necessary information and evidence to prove negligence. The lawyer can also help you add value to your claim. Your claim may include the expenses from your medical treatment or hospitalization and potential future health complications.
Furthermore, your lawyer can file the claim with the at-fault company or their insurance provider. You will not have to deal with negligent parties or the insurer because your lawyer will handle all negotiations.
The lawyer will file your claim long before the statute of limitations expires. Two years may sound like a long time, but some legal cases can drag on for months or even years.
If there were a lot of other victims who suffered an E. coli infection after eating the same food from the same place, your lawyer can help you join them in a class action lawsuit.
If you prefer to file a case, and the lawyer cannot settle the matter outside of court, they will present your case in front of a judge or jury.
Choosing the Right Lawyer to Represent You
It is also important to choose the right lawyer to assist you. Ideally, you want to hire a lawyer with extensive experience in E. coli lawsuits. You also want a lawyer with an excellent track record of success with these cases.
It goes without saying that your lawyer should know everything there is to know about Texas law (related to your case).
You should also hire a lawyer responsive to your queries and concerns. Great communication skills are a trait that should never be underestimated.
Getting Your Life Back After an E. coli Infection
Food poisoning can easily become more than just a temporary pain and inconvenience. An E. coli infection can lead to hemolytic uremic syndrome and kidney failure.
Complications like these are precisely why those responsible for food contamination must be held accountable for their negligence. Without severe consequences, these corporations will never overhaul their food safety measures and put even more people at risk.
By understanding your rights as a victim, you can lead the way in ensuring accountability. And, by hiring the right lawyer, you can recoup some of your losses and move on with your life.
