By Danielle Graves. Last Updated 13th July 2023. 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
- Eligibility To Claim Compensation For A Nut Allergy
- Nut Allergy Claims Against A Restaurant
- How Much For A Nut Allergy Allergic Reaction Could I Claim?
- Could I Claim Compensation Financial Losses?
- No Win No Fee Compensation Claims For A Nut Allergy
- Supporting Resources
A Guide To Claiming Compensation For An Allergic Reaction To Nuts
If you are seeking compensation for an allergic reaction, you need to meet the eligibility criteria. In order to make a nut allergy claim, you must be able to prove that:
- You were owed a duty of care.
- This was breached.
- You suffered an allergic reaction as a result.
If you are eating in a restaurant or café, you are owed a duty of care under the Occupiers’ Liability Act 1957. The business owner must ensure your reasonable safety. This is their duty of care. As part of this, they are expected to follow rules and regulations set by the Food Standards Agency.
Restaurants and other places that sell food must list any of the 14 main allergies, this includes nuts. A failure to do so could be considered a breach of their duty of care, and you could suffer an allergic reaction. As a customer in a restaurant or cafe, you should also make the staff aware of your allergy so that they can inform you of any dishes that may include this allergy.
Additionally, if you would like to make an allergy compensation claim, you must start proceedings within the time limits. Generally, you will have three years from the date of the incident to start a claim as set by the Limitation Act 1980.
However, there are some exceptions to these time limits. These include for:
- Those who lack the mental capacity to initiate proceedings themselves. The limitation period remains suspended for as long as they are unable to claim themselves. However, during this time, a court-appointed litigation friend can make a claim on their behalf. Should they regain this capacity, the injured party will have three years from the date of recovery to bring forward a claim if one was not started for them.
- Those under the age of 18. These injured parties have a pause applied to the time limit until they turn 18. Before this date, a litigation friend can start the claiming process. However, if they turn 18 and a claim was not made for them, they will have three years from their 18th birthday to start one.
Get in touch with an advisor today to see if you could be eligible to make an allergic reaction claim.
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.
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.
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 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.
|Moderate Brain Damage (ii)||£90,720 to £150,110||The claimant suffers from a moderate to modest intellectual deficit with some epilepsy risk.|
|Lung Damage (d)||£31,310 to £54,830||The claimant needs to use an inhaler fairly frequently due to breathing difficulties.|
|Food Poisoning (nut allergy) (i)||£38,430 to|
|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) (ii)||£9,540 to|
|Serious but relatively short-lived symptoms which diminish over 2 to 4 weeks.|
|Food Poisoning (nut allergy) (iii)||£3,950 to|
|Where the symptoms last for a couple of weeks but full recovery is over a year or two.|
|Food Poisoning (nut allergy) (iv)||£910 to|
|Various symptoms of the allergy that continue for up to 2 weeks.|
|Skin Damage (a)||£13,740 to £19,200||The claimant suffers with dermatitis of both hands. This affects their employment and domestic abilities. Symptoms last for some years or indefinitely and they may experience psychological consequences.|
|Skin Damage (b)||£8,640 to £11,410||The claimant experiences dermatitis to one or both hands for a significant amount of time, but it settles with treatment and the use of gloves.|
|Skin Damage (c)||£1,710 to £3,950||The claimant suffers with itching, irritation and rashes on one or both hands. These symptoms resolve within a few months with treatment.|
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.
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.
We believe that No Win No Fee services mean more people can make a claim. That’s mainly because the financial risk is reduced and so is the amount of stress involved with claiming.
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.
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.