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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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Im pretty sure I got Hepatitis A from the recalled organic

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I'm pretty sure I got Hepatitis A from the recalled organic berry mix from Costco. I can't work and it's causing a severe financial burden and I feel horrible. It sounds like it can take Months to recover. Once confirmed at the hospital, would it be very difficult to seek and get compensation from Costco or the berry company?

William B. Esq. :

Dear Customer, thank you for choosing Just Answer. I would like to assist you with your legal question today.

William B. Esq. :

I cannot guarantee the result of any litigation or disputed matter, however, if you are able to prove that you received Hepatits from the berry mix, you will have a strong case. Remember, this requires much stronger evidence than being "pretty sure", and there are some defenses, such as whether or not the handling (particularly by the store) was within the normal and prudent practices for such a distributor. (While this is a little tougher for a food packaging service that would allow tainted food, the store may have a stronger defense).

William B. Esq. :

If you think that you have a claim, I would contact a personal injury attorney to discuss your case. The type of damages that you are describing are fairly significant, and there are statutes of limitations that do apply to these types of claims.

Customer: There are 30 other cases over 5 states and it's in the news. We have receipts that we buy and use the berries all the time. Anyway, does the personal injury attorney usually get a cut if what's made or would I always have to pay up front?
William B. Esq. :

It depends. Most personal injury attorneys will take cases on a contingency basis (they get 33 1/3 percent plus all costs and expert fees (for example) out of any recovery, but you don't pay anything up front), while others will offer the option of an hourly rate where you pay everything up front, but get a full recovery (in this scenario you are bearing the risk that if you lose, you are out of pocket everything you pay into it).

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