By Olivia Oliver. Last Updated 22nd February 2021. Welcome to our guide on how to claim allergic reaction nuts compensation. If you’re some who suffers from a nut allergy, you’ll probably spend a long-time checking food labelling and menus to ensure the food you order is safe. Sometimes though, an allergic reaction to nuts can occur because of cross contamination or inadequate labelling. In these cases, we believe it’s only right that you should seek compensation for your suffering.
In this guide, we’re going to look at when an allergic reaction could be somebody else’s fault and how much compensation you could get for a nut allergy. We’ll also look at nut allergy symptoms and also the causes of a nut allergy.
Legal Helpline can help you begin a claim for an allergic reaction. We provide free legal advice for any type of claim. Our advisors will also assess your claim on a no win no fee basis. Should your case seem strong enough, we could connect you with one of our panel of no win no fee solicitors. To start your claim straight away, please call today on 0161 696 9685.
Alternatively, please continue reading to find out more about claiming compensation for a nut allergy.
Jump To A Section
- A Guide To Claiming Compensation For An Allergic Reaction To Nuts
- What Is An Allergy To Nuts
- What Nuts Could Cause An Allergic Reaction?
- How Dangerous Are Nut Allergies?
- Examples Of Nut Allergy Symptoms
- Steps To Take If You Have A Mild Allergic Reaction
- Dealing With Anaphylaxis And Severe Allergic Reactions To Nuts
- Eligibility To Claim Compensation For A Nut Allergy
- How Is A Nut Allergy Diagnosed?
- Steps Businesses Could Take To Protect People Against Exposure To Nuts
- Nut Allergy Claims Against A Restaurant
- How Much Compensation For A Nut Allergy Allergic Reaction Could I Claim?
- Could I Claim Compensation Financial Losses?
- Why Make A Claim For An Allergic Reaction To Nuts With Legal Helpline?
- No Win No Fee Compensation Claims For A Nut Allergy
- Contact The Legal Helpline Claims Team Today
- Supporting Resources
A Guide To Claiming Compensation For An Allergic Reaction To Nuts
When you look to make a personal injury claim of any type, you need to be able to prove what happened, who was to blame and how you suffered. In the case of an allergic reaction, showing what happened and how you suffered is probably the easiest part. However, showing who caused it to happen can be trickier.
In the UK, the law states that food businesses must highlight 14 different allergens, including peanuts and tree nuts, on any food labelling or advertising such as menus. These businesses include cafes, takeaways, restaurants and those companies which manufacture and pre-pack food. Therefore, the blame could lie with any of these companies. If you’ve suffered from an allergic reaction, the best thing to do is make a note of where you purchased the food, keep any packaging or photograph the menu. Then let a solicitor work out who was to blame for you.
As well as proof, you’ll need to begin your claim within the personal injury claims time limit. This is usually 3-years from the date of the reaction. However, in some cases, the time limit can start later if you didn’t find out about the injuries straight away or you’re unable to claim for yourself.
Throughout this guide, we’re going to provide some peanut allergy facts, advice on when you could claim and show how much compensation you could be entitled to.
We could help you begin your claim if you believe somebody else caused the allergic reaction due to negligence. Also, we could help you claim on behalf of a child or loved one who’s unable to claim for themselves.
What Is An Allergy To Nuts
If you suffer an allergy to nuts, your body’s immune system reacts and tries to defend your body from what it sees as a threat. It’s not known why this happens and why it affects some and not others. Peanuts are not technically nuts, as they grow underground but for they can cause a reaction just the same as tree nuts. In fact, allergic reactions to nuts can cause much more severe symptoms than those of any other allergen.
Some sufferers will have a reaction after eating nuts, or food containing nuts, whereas more serious cases can be triggered simply because a trace of nut has landed on the lips of the victim. This is why some airlines are now beginning to ban all nut-based products on their flights.
What Nuts Could Cause An Allergic Reaction?
As mentioned earlier, peanuts as well as tree nuts can lead to an allergic reaction. According to the Food Standards Agency, a reaction could also be caused by almonds, brazil nuts, hazelnuts (filberts), cashews, walnuts, pecans, macadamia nuts and pistachios. Rarer nuts that could lead to a reaction include chestnuts and hickory nuts.
How Dangerous Are Nut Allergies?
Symptoms suffered because of a nut allergy can range from mild to severe. One of the main dangers is that symptoms can begin within seconds or minutes of being exposed to the nut. On the other hand, some severe reactions can seem to have been relieved but come back hours later. There are certain groups who are at risk of having life-threatening reactions such as asthmatics.
If you unfortunately find yourself in this situation and want to claim allergic reaction to nuts compensation, please contact our team at Legal Helpline today. We offer free consultations and can provide you with free legal advice. What’s more, we could put your case forward to our panel of personal injury lawyers for them to start making legal proceedings right away.
Examples Of Nut Allergy Symptoms
In most cases, an allergic reaction to nuts will be mild and occur quickly. However, some are much more severe and may take up to an hour to propagate. The most severe type of reaction is anaphylaxis which can be a life-threatening condition.
Some of the milder symptoms of an allergic reaction are:
- Swelling of the face and around the eyes.
- An itchy tongue, throat or mouth.
- Swelling of the lips.
- Sneezing or a runny nose.
- Abdominal pain.
- Nausea, diarrhoea and vomiting.
- An itchy raised rash (known as hives or nettle rash).
The more severe symptoms of an allergic reaction include:
- Struggling to swallow or speak.
- A change in the tone of the voice.
- Swelling in the throat or of the tongue.
- A persistent cough or wheeze.
- Loss of consciousness, dizziness or blacking-out.
- Noisy or difficult breathing.
- In babies, suddenly becoming sleepy, floppy or pale.
For any of the serious symptoms, emergency care should be sought. An ambulance should be called. If a first aider trained in allergic reactions is available, they should be contacted immediately. They may be able to administer adrenaline via an EpiPen before the ambulance arrives.
Steps To Take If You Have A Mild Allergic Reaction
According to the NHS, if you’ve suffered a mild allergic reaction which you were already aware of, an antihistamine can block the effects of an allergic reaction. They are available over the counter at a pharmacy and you should stock up in case of emergencies. The NHS says that non-drowsy antihistamines are best, and you should avoid alcohol while using them. If symptoms persist or your worried, you should seek medical advice such as calling the 101 service.
Dealing With Anaphylaxis And Severe Allergic Reactions To Nuts
If a serious reaction occurs, the NHS advice is to call 999 immediately. Even if you only suspect anaphylaxis, you should call straight away. The main treatment for anaphylaxis is adrenaline. This narrows the blood vessels to reduce the effects of low blood pressure caused by the reaction. It also helps to open the airways to ease breathing.
Adrenaline is delivered via an auto-injector. The main types of these are EpiPen, Jext and Emerade. Older children and adults will have been taught to self-inject but the emergency operator may talk you through doing so for younger children.
While waiting for the ambulance, if the patient is unconscious, you should check that their airway is clear and ensure they’re breathing. They should then be placed in the recovery position to help ensure they don’t choke if they vomit. In cases where their breathing stops, CPR will be required until the ambulance arrives.
Eligibility To Claim Compensation For A Nut Allergy
You could be eligible to claim allergic reaction to nuts compensation if:
- The incident happened within the past 3-years.
- Somebody else was to blame (i.e. was negligent).
- And that person owed you a duty of care.
For instance, if a restaurant served you food containing peanuts, without highlighting the allergen on the menu, and you suffered a reaction, you could make a claim against the owner. That’s because all restaurants have a duty of care towards customer safety. They also have a legal obligation to highlight allergens. Therefore, by not doing so, they will have been negligent.
I Did Not Bring My Allergy Medication With Me, Could I Still Claim Compensation?
If you have previously been diagnosed as a sufferer of allergic reactions, you’re expected to take reasonable care to protect your health. This means avoiding foods containing your allergen as well as carrying your auto-injector if prescribed.
If you fail to do so, and you suffer an allergic reaction, it could be argued that you were partly to blame. In these cases, you could still make a compensation claim, but the level of your blame would be calculated, and the final compensation payment reduced accordingly.
How Do I Show Who Was At Fault?
As with any other type of personal injury claim, you’ll need to provide evidence to establish grounds for allergic reaction to nuts compensation. With this in mind, the types of evidence you could provide to help include:
- The food packaging.
- Samples of the food if possible.
- Photographs or a copy of the menu.
- Witness statements from anybody who heard you discuss your allergy concerns with staff.
- Copies of an accident report form from the business where the incident occurred.
How Is A Nut Allergy Diagnosed?
If you’re concerned that you, or your child, has a nut allergy, the fist step is to visit your GP. They will ask some questions about the symptoms. These will cover the type of food consumed and the symptoms identified. They’ll also ask if there is a history of allergies in the family.
The GP may then refer you to an allergy clinic. Here, they will try to identify any allergens that could affect you. There isn’t a single nut allergy test, so any of the following could be tried:
- Skin-prick testing – where small amounts of allergen are placed on the skin to identify a reaction.
- Blood tests.
- Food elimination tests – if a particular allergen is suspected, the doctor will advise a diet without the allergen. If the symptoms go away, but come back when the food is introduced again, the allergy is confirmed.
Alternative, shop-bought tests are available ranging from hair analysis kits to alternative blood tests. The NHS guide suggests that these can be expensive and based on unproven scientific principles.
Steps Businesses Could Take To Protect People Against Exposure To Nuts
According to UK law, any food business has to identify 14 different allergens if their product contains them. They should do this clearly on food labelling, advertising and menus. For prepacked food, the font should be bold, underlined or coloured to make it quick to spot. In restaurants, written allergen information should be contained on the menu or on a sign explaining who to ask.
Another option is to use labelling containing the phrase, “may contain”. This is particularly useful if there’s a chance the food has been cross-contaminated because, even though the recipe doesn’t contain the allergen, it was cooked in the same area as one.
Nut Allergy Claims Against A Restaurant
Based on the information in the previous section, if you suffer an allergic reaction in a restaurant, cafe, bar or fast food restaurant, you could be eligible for allergic reaction to nuts compensation if there was no allergen advice.
If this is the case, try to take photographs of any menu or advert for the meal you consumed. Also, if possible, retain a sample of the food for testing. If there were any witnesses that heard you ask staff about the allergen, then ask them to write down what they witnessed.
How Much Compensation For A Nut Allergy Allergic Reaction Could I Claim?
If you’re considering claiming allergic reaction to nuts compensation, then you’ll probably want to know how much compensation you’ll receive. While we can’t provide exact figures (because every claim is different), the personal injury claims calculator table below provides some example compensation figures.
|Food Poisoning (nut allergy)||£36,060 to £49,270||Reactions which cause acute pain and require hospitlisation for days or weeks. There will be a severe impact on the enjoyment of life.|
|Food Poisoning (nut allergy)||£8,950 to £18,020||Serious but relatively short-lived symptoms which diminish over 2 to 4 weeks.|
|Food Poisoning (nut allergy)||£3,710 to £8,950||Where the symptoms last for a couple of weeks but full recovery is over a year or two.|
|Food Poisoning (nut allergy)||£860 to £3,710||Various symptoms of the allergy that continue for up to 2 weeks.|
|Lost Income||Up to £500,000 +||Dependant on victims income level, position and prospects.|
As you’ll see from the table, compensation is awarded based on the severity of your injuries. Therefore, our panel of solicitors try to ensure there’s enough evidence to show exactly how your allergic reaction to nuts caused you suffer. By doing so, they hope to achieve the highest possible compensation payout for your suffering.
Could I Claim Compensation Financial Losses?
In the previous section, we looked at the compensation awarded for physical injuries and suffering caused by them. This is known as general damages. The other side of the claim is for financial losses. This known as special damages. The types of special damages your solicitor will claim for you will vary depending on how you were affected. Here are some of the more common special damages that could be included in nut allergy claims:
- Medical expenses – while you’ll usually receive free treatment for a nut allergy from the NHS, you could still end up out of pocket. That’s because the cost of prescriptions, as well as other treatments, can still build up.
- Travelling costs – If you need to travel to and from medical appointments after your nut allergy reaction, the costs of fuel and parking could be included in your claim.
- Care costs – While recovering from your allergic reaction, you may require the assistance of a carer. If this was a professional, you could claim back their fees. However, if your carer was a family member, then it might be possible to claim for their time.
- Lost earnings – Finally, if you’re not paid for taking time off work (to recover or for medical appointments), then you could claim back your lost earnings. Also, if you suffered a serious reaction or anaphylaxis which could affect your long-term ability to work, then you could claim for future lost income too.
It’s important that you can prove the expenses you’re claiming for. Therefore, keep hold of receipts, wage slips or bank statements which help you to do so. If you’re unsure whether you’ll be able to include an expense within your claim, please check with your solicitor first.
Why Make A Claim For An Allergic Reaction To Nuts With Legal Helpline?
Now that you’ve read our guide to claiming allergic reaction to nuts compensation, we thought it would be a good idea to tell you more about us. Legal Helpline believe everyone should be able to make personal injury claims without worrying about the price of doing so.
That’s why we offer a no obligation assessment of your peanut allergy compensation claim. Also, our advisors will give you free legal advice about the claims process. If they think you have a good case, they could introduce you to one of our panel on solicitors. If they agree to handle your claim, they will:
- Ensure you receive regular updates as the case progresses.
- Use medical evidence from an independent doctor to try and ensure you receive the right level of compensation.
- Try to work as quickly as possible so the case doesn’t drag on unnecessarily.
No Win No Fee Compensation Claims For A Nut Allergy
If you’re considering making a nut allergy claim, you might be worried about the costs of doing so. That’s why our panel of solicitors offer to work on a no win no fee basis for any claim they take on.
When you begin your nut allergy compensation claim, the solicitor will decide whether it’s viable or not. If it is, and you’re happy to proceed, they’ll give you a conditional fee agreement (CFA) to sign. This is a legal contract between you and the solicitor.
The CFA is important because it shows you that there are no solicitor’s fees to pay unless you receive compensation. It also tells you what success fee you’ll pay when the case is won.
Success fees are a percentage of the total compensation you receive. To make things easier, you don’t have to send funds to pay for the success fee, it’s simply deducted from the compensation before you receive it.
Contact The Legal Helpline Claims Team Today
You’ve now come to the end of this guide about claiming allergic reaction to nuts compensation. We hope that the information you’ve received has proved useful and that you’re ready to discuss your claim with us. If so, here’s how you can get in touch:
- Call our team of specialist advisors on 0161 696 9685.
- Connect with an advisor via the live chat feature at the bottom right of your screen.
- Or, if you’d like a call back from an advisor, please complete this online form.
When you get in touch, our advisors will offer a no obligation assessment of your personal injury claim. They’ll offer free advice about your options and, if they believe it’s strong enough, they could introduce you to one of our panel of personal injury solicitors. Any claim they take on will be on a no win no fee basis.
Allergic reaction nuts compensation FAQs
Here are some commonly asked questions concerning claiming allergic reaction to nuts compensation.
Can you sue for an allergic reaction?
If you suffer an allergic reaction as a result of the failings of those owing you a duty of care, you could be able to make a claim against them. For a free assessment of your situation, please contact Legal Helpline today and see what we could do to help.
What to do if someone has an allergic reaction to nuts?
If you or someone you know suffers an allergic reaction to nuts, it’s imperative that you seek immediate medical attention. In doing so, you’ll ensure that the injury is addressed properly, as well as logging the incident in medical records. Next, please contact Legal Helpline today to see whether you could be eligible for compensation and see how our panel of personal injury lawyers could help you get it.
Are restaurants liable for food allergies?
Restaurants in the UK are legally required to highlight 14 different types of potential allergens if they appear in their food. If a restaurant failed to do so and you ate a food containing a harmful allergen, causing you to suffer a reaction, you could be able to hold them liable by making a personal injury claim. For more information, please contact us at Legal Helpline today.
For your reference, we’ve provided links to other guides, resources and external links regarding other types of claims below:
Food Allergy Advice – A guide from the NHS about the symptoms, causes and treatment of different food allergies.
Food Safety Advice – This government website provides advice regarding food safety. There’s a section on nut allergy advice.
Peanut Allergy Treatment – A report from the NHS about a new nut allergy treatment that is being tested.
Supermarket Accident Claims – A guide covering the different types of accident that could lead to a compensation claim against a supermarket.
Thank you for reading our guide on how to claim allergic reaction nuts compensation.