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Posted by: OFT Food Safety & Injury Lawyers

Food poisoning litigation can be complex, and the negotiation process is often drawn out. An attorney with relevant experience will have an in-depth understanding of food poisoning laws and cases and can use this experience to help you build the strongest case and maximize your compensation.

If you plan to seek legal compensation for your food poisoning, reach out to an attorney as soon as possible to get started on your case. Call OFT Food Safety and Injury Lawyers at (888) 828-7807 or use our online contact form to reach out.

About the Process

The negotiation process in food poisoning cases should be approached strategically. Your attorney will be with you to offer guidance at each stage, to find the solution that is best for you. Unfortunately, food poisoning lawsuits face considerable obstacles and difficulties.

In this type of case, you must prove, 1) that a certain food item was contaminated and 2) that contact with this food item caused you to become ill.

Because food poisoning can happen anywhere, you may not know exactly where you came into contact with the illness. If you do know, you may not have a record of contact. If you paid with cash, lost your receipt, or ate alone, you may have difficulty proving that you ate there in the first place.

It can also be difficult to prove that your specific episode was a result of that dining experience. To make things more difficult, if your case is a result of a large corporation’s negligence, that company has significant resources and will often fight tooth and nail to avoid paying out damages.

A reputable food safety law firm will be honest with you about your chances and work with you to build an effective strategy for pursuing compensation. Your attorney is on your team: a win for you is a win for them.

The Stages of Negotiation

Negotiating compensation is often a lengthy process, so it’s important to be prepared for a legal fight.

  • Step One: Treatment for your Illness. As soon as you become ill, seek medical attention. Obviously, getting proper medical care is the most important thing. Proper treatment also helps document your symptoms and complications, as well as establishing the date of onset of your illness. An emergency room or urgent care clinic or your primary care provider can help you understand your illness and what the outlook is for your health.After receiving medical treatment, gather any evidence you can of your illness. Receipts, samples of your food, texts, and witness accounts can all bolster your claim. Because foodborne illnesses are time sensitive, it is important to act quickly.
  • Step Two: Initial Consultation. Seek out the advice of an attorney. At OFT Food Safety and Injury Lawyers, we offer free consultations with no obligation on your part. At this stage, your attorney will help you determine if you have a case. Our team thoroughly investigates your case to determine the extent of your damages.
  • Step Three: Making a Demand. If you decide to work with an attorney, they can help you understand where to submit your claim. We gather your medical records and bills, obtain health department records, and draft a thorough demand letter that sets forth your ordeal in details and justifies a demand for substantial monetary compensation.
  • Step Four: Negotiating the Claim. A good attorney can help you present your demand and negotiate for a fair settlement. An attorney will also know when to accept a deal and when to take your case to trial. At this point, you and your attorney may meet with a representative of the company to argue your claim. Most often, this is done through a process called mediation, where a neutral third party mediator (usually an attorney or former judge) evaluates the claim and attempts to help the parties reach a mutually agreeable settlement
  • Step Five: Settlement Agreement or Going to Trial. If the other party agrees to terms, this is where the process comes to an end. If the company refuses to compensate you fairly, your attorney may recommend taking your case to court. Your attorney will argue your case in civil court, and a judge and jury will decide on fair compensation for your case.

The negotiation process may take several months or a few years, depending on the details of your case.

Contact OFT Food Safety and Injury Lawyers

At OFT, we believe that food should be safe for everyone. If you or a loved one is a victim of food poisoning, you deserve justice. Our team is ready to help you build your case and understand your rights. With over 40 years of combined experience in food safety law, our attorneys are ready to help you find the source of your illness and fight for the compensation you deserve.

Call us today at (888) 828-7807 or reach out to us online to get started on your case.

Notable Recoveries

$10 million

Seven infants were sickened after consuming a contaminated food product marketed to infants

$6.5 million

Verdict on behalf of a little boy who contracted a severe Salmonella infection from chicken

$7.55 million

Verdict on behalf of a little girl who contracted E. coli at a petting zoo

$2.25 million

E. coli infections contracted from a major fast food chain

$45 million

An over-the-counter medication caused severe kidney damage to multiple users

$3.4 million

A pregnant woman contracted a Listeria infection from contaminated fruit and passed the infection to her child

$3 million

Multistate Cyclospora outbreaks


A couple contracted Salmonella from a restaurant


A pedestrian was struck by a left-turning car, fracturing her tibia


A semi-truck rear-ended a motorcyclist causing a collapsed lung, rib fractures and road rash