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Five ways to win your food poisoning case

  1. Keep the food if possible. Food can be tested to confirm a connection between your injuries and what you consumed. Put it in a bag and save it in a safe place.
  2. Photograph the food. Again it is easy way to share information quickly. If it is moldly, discolored, or contains something it shouldn’t, photograph it. There really is no excuse not to take photographs these days when almost everyone has a cell phone with a great camera.
  3. Notify the government. If you are in Los Angeles, notify Los Angeles Department of Public Health. The restaurant that made you sick could have bad processes and other people could be getting sick. Notifying the correct government agency can help prevent further injuries and have them do an investigation.
  4. Photograph your injuries if applicable. If something cut your mouth, photograph it. If your tooth broke, photograph it. If you broke out in a rash, photograph it. You don’t have to photograph everything though, like if you vomited.
  5. Get all witness information. Get all the information you can about any witnesses including phone number, email, work, home address etc. Witnesses disappear. You cannot go to court and tell a jury, “But there was this witness that said I was right.” A judge won’t allow it. Independent witnesses are very important and can be the main reason why a jury will find in your favor.

Bonus tip: Go to the doctor. It’s very important that you go to a doctor as soon as possible and have them treat and document your injuries. I know some people put it off because going to an emergency room at a hospital can take too long. I have found that a local urgent care can be just as effective. If there is a major medical injury requiring immediate medical assistance go to the ER. If you are sore and unsure if you are injured, consider the urgent care. The medical provider will also document your injuries so that later on when the case is in court, people reviewing your medical treatment can use it to confirm you were in pain. This is very compelling and powerful evidence and I don’t recommend you try to tough it out and not go to the doctor.