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  • How can I prove food poisoning if I already ate the food?

    Proving you suffered food poisoning from a particular food can be a big challenge. Once eaten, there isn't physical evidence available. But this doesn't mean you don't have a case.

    Establishing Liability When a Food Product Causes Illness

    One issue that may arise is distinguishing between a common illness and food poisoning. It's important to get checked out by a doctor who can run appropriate types of tests to properly diagnose your illness.

    Another issue is determining the source of illness. This is more difficult with a time delay between eating and becoming sick. It's hard to pinpoint which food was the direct cause. But when it affects larger groups of people, it may become much easier. Let's say there was an outbreak of food poisoning. A government agency may investigate and determine the source. Or in some cases the food manufacturer may issue a recall.

    It's important to save anything that might help prove the food product was dangerous. Although you might have eaten it, the packaging it came in could be useful. If it was a packaged food and you have some remaining, save it. A government investigator may even ask for it. Otherwise, look for a receipt that shows you purchased the product believed to be the source of illness.

    Seek Legal Advice When a Dangerous Food Product Causes Illness

    Getting sick after eating something doesn't always mean it warrants pursuing legal action. But if it resulted in hospitalization and/or serious complications, this could warrant filing a product liability claim. Talking with an attorney will help you better understand your legal rights. An attorney can help determine potential liable parties, such as a manufacturer, retailer, or others.

    Damages in a claim could address the medical costs incurred, wages lost while recovering and other losses. In a severe case that results in death, family may file a wrongful death claim. Call the Miley Legal Group in Clarksburg to review your case: 304-931-4088.

  • What kind of compensation is available in a West Virginia product liability claim?

    A defective product can cause serious injury and damage to you and your family, resulting in the need for financial recovery. When you file a West Virginia product liability claim you can seek product liability compensation for a variety of damages. A Clarksburg product liability attorney can help you estimate your product liability compensation and seek an appropriate settlement.

    When a defective product causes you or a family member serious injury you can seek compensation for a variety of losses. You'll want to develop your liability claim with the help of Clarksburg product liability attorney.

    Your West Virginia product liability claim should include the following:

    • compensation for medical bills, present and future estimations;
    • compensation for lost wages, present and future expected losses;
    • compensation for pain and suffering resulting from the accident; and
    • estimated future damages for ongoing medical care and living needs.  

    Proving these damages is easiest when you have a Clarksburg product liability attorney helping you with your West Virginia product liability claim. While it's easy to show the damages you should be entitled to in product liability compensation for current losses, you may need expert testimony to prove future projected losses.

    Your Clarksburg product liability attorney will have the experience necessary to determine a fair amount of product liability compensation for your West Virginia product liability claim. A fair settlement can help you and your family cope with the devastation a defective product can bring after a serious accident.

    Contacting a Clarksburg Product Liability Attorney

    The manufacturers and distributors of consumer products have a duty to their consumers to provide safe products free of defects and hazards. When companies fail to hold their goods to a standard of safety and quality, serious or fatal injury can occur.

    If you or a loved one has suffered severe injury or death as a result of a defective or dangerous product you deserve compensation for your suffering and losses. The Miley Legal Group will work with you to file a West Virginia product liability claim and help you to move on with your life. Contact us today for a FREE consultation - 304-326-1800.