Can I Sue for Wrongful Death if My Loved One Died of Listeriosis?
If your loved one died of listeriosis, you may have the legal right to sue for wrongful death if:
- You are the spouse of “next of kin” of the person who died;
- The person who died was diagnosed with listeriosis, the illness caused by eating food contaminated with Listeria monocytogenes;
- There is evidence connecting the case to a food product.
Wrongful death from Listeria food poisoning is preventable. Your family has the right to sue those responsible for the unsafe food that killed your loved one.
Why Can a Listeria monocytogenes Infection Be Fatal?
Listeria monocytogenes is a bacteria that causes this severe illness and its complications, including meningitis (infection of lining of the brain).
Listeriosis is fatal about 25% of the time. These tragic deaths could be prevented with good sanitation and adequate testing. Our Listeria lawyers help families hold corporate wrongdoers accountable.
This bacteria is particularly dangerous because it can easily move from the intestines (where it first lodges and grows) to other parts of the body. The common path is from the intestines to the liver and then via the blood to other organs.
Your lawsuit may be against a food company, restaurant, grocery store, big-box retailer (Walmart, Costco, Target), hotel, school, caterer, nursing home an others. When you win money, it sends a message that food should not be sold unless it is safe.
$6 Million Settlement
Attorneys Fred Pritzker and Brendan Flaherty won a $6,425,000.00 settlement in a lawsuit against a company that had sold food contaminated with Listeria bacteria. We represented 3 families: a the couple that lost their unborn twins; another couple whose pregnancy was terminated; and the family of an elderly man who died from meningitis and other complications.
“All of our cases involved the loss of life. These cases were part of an outbreak, as determined by microbiological and epidemiologic analysis. Although the outbreak was quickly uncovered, there were legal issues regarding the source of the outbreak. Our litigation team worked hard for 2 years to get our clients compensation. Our cases settled shortly before trial.” — Attorney Fred Pritzker
What is a Wrongful Death Claim?
When this food-borne illness is fatal, the law allows the family to sue corporate wrongdoers for compensation (called “money damages”). This right to sue is called a “wrongful death claim.” These claims are statutory, meaning they are laws that have been enacted by state legislatures. We are a national law firm and represent clients throughout the United States. This is important for food poisoning cases that often involve one or more corporations with offices in multiple states.
Any family member who is considered “next of kin” (spouse, parent, child, grandparent, grandchild, aunt, uncle, niece, nephew) under the state statute can bring a claim. If you think you have the right to bring a claim, please contact one of our lawyers. Our law firm represents families in cases throughout the United States. If your family member died after eating food contaminated with Listeria, you deserve compensation for that loss.
Money Won is Shared by Family Members
You and your family members will share any money won in a settlement or verdict. A judge decides how much goes to each family member.
The amount of compensation depends on the facts of the case, whether there are punitive damages (an amount of money meant to punish the corporate wrongdoer) and the state in which the lawsuit has been filed (an extremely important legal issue). Each state has different laws about the type of losses for which compensation is allowed.
- All states allow for the recovery of lost income the decedent would have provided his loved ones.
- Most states do not allow recovery for grief or anger suffered by the surviving heirs, but do allow money damages for the loss of advice, care, comfort and companionship the deceased would have provided had he or she lived.
- Some states also allow money damages for the pain and suffering of the deceased person.
Free Consultation with an Attorney
Our law firm represents families in lawsuits against food companies, suppliers, retailers, and others. Because so much is riding on it, your claim should only be handled by a lawyer with the utmost skill and experience handling this specific kind of lawsuit. Our lawyers have helped families collect some of the largest settlements for families in the United States. Contact our law firm for a free consultation.
Pritzker Hageman, P.A. is a nationally-recognized law firm and represents clients throughout the United States.