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Listeria monocytogenes is a type of bacteria that can contaminate food, and when eaten causes a life-threatening infection known as listeriosis. Unlike many other germs, listeria can continue to thrive in cold temperatures, making it that much more dangerous. The people most at risk for listeriosis are pregnant women and their newborns, adults 65 and older, and people with weakened immune systems, according to the Centers for Disease Control and Prevention (CDC).
Our Listeria attorneys at The Lange Law Firm, PLLC are skilled litigators that represent individuals or families of loved ones who are victims of this deadly bacterium. For help securing the financial award you deserve, contact us online or at (833) 330-3663.
Our firm understands that listeria can profoundly affect your life and that of your loved ones. A few of the reasons why clients choose to work with The Lange Law Firm, PLLC are:
If you have eaten food contaminated with Listeria monocytogenes and became severely ill, you may have a claim. Any party involved in the chain of distribution of the contaminated food may be liable for your damages. There are three legal theories under which you can base your case. Those include:
The theory of strict liability is typically easier to prove than negligence. However, some states require proof of negligence. An attorney with experience handling Listeria lawsuits can assess the facts that are specific to your case and help you craft the best legal strategy.
The value of a listeria case, similar to other product liability claims, is not so easy to narrow down. This is due to the fact that juries often arrive at different verdicts, even under the same set of circumstances. An experienced lawyer can offer you a realistic valuation though. Making a proper assessment will depend on numerous factors, including but not limited to the following:
Some states have laws that place caps on the amount of damages available to product liability claimants. Most do not limit economic damages (calculable losses), but rather the non-economic (e.g. pain & suffering) and/or punitive damages.
Compensation can potentially be recovered from any party that participated in the chain of distribution. For example, the following businesses may have mishandled your food:
The CDC will investigate potential Listeria outbreaks with the use of a traceback process, in an attempt to identify the contaminated product. Our food safety attorneys will also conduct an independent investigation to carefully search for the origins of your illness. Once we discover a link, the next step is determining at what point the food became contaminated and which parties are responsible. If city health officials are aware of other reported cases of listeria connected to the same product or restaurant, it will be very beneficial to your claim, as it establishes causation.
If you are severely ill from your listeria infection, hiring an experienced attorney will give you the ability to focus on your recovery while they handle the legal process. Your rights will be protected, and you will be shielded from the stress that goes along with filing a claim. Listeria claims are typically complicated and require knowledge of the applicable product liability laws, as well as local court rules and legal procedures. Your lawyer will handle your claim from start to finish, including:
Additionally, a lawyer will be key to your success if there are different individuals or entities that are potentially liable. Multiple at-fault parties means that several insurance companies and policies will be involved in the claim. Since insurers often make it as difficult as possible to get the money you deserve, you will definitely want someone in your corner.
Many food safety attorneys, including our firm, will represent you on a contingency fee basis, which means you don’t need to pay us unless, and until we win your case. We will advance all costs necessary to handle your case, from initial investigation all the way through trial. We only get paid through the winning settlement from the insurance company or jury verdict.
When a listeria lawsuit is successful, the types of damages that you can obtain may include:
These damages are awarded to victims and meant as a punishment to the defendant, with the hopes of preventing similar actions in the future. They are most often used in cases involving extremely reckless or negligent behavior, or if the victim is intentionally harmed.
Our experienced litigators will demand all available damages, to obtain the maximum amount of compensation you are justified. If a loved one has been lost from listeria, we can help you pursue a wrongful death lawsuit and recover funeral and burial costs, lost financial support, and more.
If you are diagnosed with listeriosis, contact a lawyer as soon as possible. First get the medical treatment you need, then do research on attorneys and take advantage of free, no-obligation consultations to find one that you like and trust. When you have significant medical bills or are missing time off work because of your illness, getting a case started with a lawyer can help you get compensated more quickly. The liable party’s insurance company will likely contact you and may pressure you into saying something you don’t want to or shouldn’t. A lawyer can prepare you for this, as well as keep you from settling for far less than the amount you are warranted.
Depending on the state, the statute of limitations or time limit for filing a listeria lawsuit, can be as short as two years. The clock typically starts running when evidence of liability is detected. For example, if multiple people are diagnosed with listeriosis over several years, and it takes just as long to identify the outbreak’s source, then the statute of limitations will begin at the point when the discovery is made. Victims who became ill years earlier will still have the ability to file a claim. When the clock runs out, you will be barred from pursuing any type of compensation.
Contact The Lange Law Firm, PLLC if you or a family member has contracted listeria and wish to pursue a Listeria lawsuit. Our team is accepting listeria cases across the country, and fighting for people who have suffered from contaminated food. We offer free and confidential consultations, call (833) 330-3663 or reach us online today.