By Olivia Ferdinand. Last updated 10th March 2021. Welcome to our guide on allergic reaction compensation claims. Have you suffered an allergic reaction due to the fault of another? Has poor food hygiene caused you to become ill? If that is the case, then you might be searching for a food allergy solicitor that could handle your potential claim. Throughout this online guide, it shall discuss how our panel of solicitors could assist those that have been affected by a negligent third party. If at any point when reading this guide you have a question, please contact a member of our team. Our knowledgeable advisers are available 24 hours a day, 7 days a week, and they are always happy to speak with you.
Jump To A Section
- A Guide To Claiming With A Food Allergy Solicitor
- What Are Food Allergies And What Causes Them?
- Types Of Food Allergies
- Common Signs And Symptoms Of A Food Allergy
- Less Common And Severe Symptoms Of A Food Allergy
- How To Deal With A Food Allergy Reaction
- Could I Still Claim If I Did Not Inform The Restaurant I Have A Food Allergy?
- Laws Relating To Allergens
- Food Allergy Compensation Claims Calculator
- Costs And Losses You Could Claim Compensation For
- Why Make Your Claim With A Food Allergy Solicitor?
- Time Limits To Claim With A Food Allergy Solicitor
- No Win No Fee Claims With Food Allergy Solicitors
- Contact Legal Helpline Today
- Reference Material
If you are someone that suffers from a food allergy, you will understand how exposure to a harmful ingredient could lead to serious health implications. In some cases, an allergic reaction could be an unfortunate incident where nobody is at fault or to blame. However, if a third party that’s owes you a duty of care were to cause an allergic reaction neglectfully, you could have grounds to claim with a food allergy solicitor. Throughout this allergic reaction compensation claims guide, we’ll provide information for those thinking about claiming. In doing so, this guide shall discuss the claims process and answer relevant questions, such as:
- What is an allergic reaction?
- How could an allergic reaction cause me harm?
- How could a third party cause an allergic reaction?
- What is a personal injury claim?
- What is a No Win No Fee agreement?
- How could Legal Helpline assist me?
Most people can eat a wide range of foods without any issue or concern. However, there is a percentage of the population that suffer from food-related allergies. An allergy reaction is the immune systems automatic response to an ingredient it deems threatening. Throughout this process, the body will release antibodies called Immunoglobulin E that causes the body to have a reaction. In some cases, allergic reactions can display minor symptoms, or in severe scenarios, it could be life-threatening.
According to a 2017 Food Standard Agency report, 1-2% of adults, and 5 – 8% of children have food allergies. In some cases, food allergies in children will disappear as they grow older.
In some cases, an allergic reaction could display minor symptoms that will pass over time. However, there are scenarios where an allergic reaction could cause life-altering and health-altering implications. If you were to purchase a product from a supermarket that improperly labelled the allergens, it could lead to an allergic reaction. If that is the case, then the manufacturer or supermarket could be at fault for breaching their duty of care.
If you have suffered an allergic reaction due to the negligence of another, why not contact a member of our team to see how our panel of food allergy solicitors could help? We have years of experience handling allergic reaction compensation claims and the like, so could significantly boost your case’s chances of success.
Like previously stated, there are vast amounts of people that suffer from food-related allergies. Unfortunately, there is no cure for food intolerance or allergies, the only way to manage the condition is to stick to a strict avoidance diet. There are different foods that could cause a reaction, but there are specific categories that are common. Gov.UK has outlined some of the most common food-related allergies, which includes:
- Dairy Allergy
- Soy Allergy
- Milk Allergy
- Fruit Allergy
- Wheat Allergy
- Cereal Allergy
- Gluten Allergy
- Nut Allergy
- Shellfish Allergy
Allergyuk.org outlined that the UK has some of the highest rates of allergic conditions in the world and that allergies are the most common chronic disease in Europe. Food allergies can affect the body in different ways. In some scenarios, those exposed to harmful food could only display minor symptoms, such as redness, itchiness, and vomiting. However, there are situations when a food allergy could lead to something more serious, like Anaphylaxis.
The most common symptoms of a food allergy include:
- Light Headiness
- Swelling of the lips, throat, face, and tongue.
- Abdominal pain, vomiting, nausea or diarrhoea.
If you suffered these symptoms and believe you experienced an allergic reaction due to the negligence of another, why not contact a member of our team to see how our panel of food allergy solicitors could help? We have years of experience handling allergic reaction compensation claims and the like, so could significantly boost your case’s chances of success.
In severe cases, being exposed to an allergic ingredient could lead to Anaphylaxis. This is the body’s severe and potentially life-threatening response to an ingredient it considers harmful. According to allegyuk.org, Anaphylaxis-type reactions affect 1 in 1000 of the general population. In the moments when Anaphylaxis occurs, the symptoms start swiftly and get worse very quickly. The NHS has identified symptoms, which include:
- Collapsing / Shortness of Breath
- Swollen Throat
- Fast Heartrate
If you are someone that suffers from a food-related allergy, you might be questioning if there are steps you should follow? In some cases, those that suffer from a food allergy may display mild symptoms that impose no real concern. However, some people with food allergies might have severe reactions to harmful ingredients, which will require immediate medical attention.
If you develop the symptoms of an allergic reaction, you could experience symptoms such as difficulty breathing. In the moments where breathing is difficult, the NHS recommends that you use your EpiPen and inject yourself on the outer thigh. Upon injection, you need to contact the emergency services as soon as possible.
When making allergic reaction compensation claims against a negligent restaurant, the case may use the Food Information for Consumers legislation. It highlights how an owner or operator of a restaurant is legally required to uphold a duty of care to their customers. In doing so, this duty of care requires restaurant owners /operators to be fully aware of the most common allergens, and effectively label them within their menu or educate their staff with the correct allergen information for each dish, so that information can be provided to customers if asked. Labelling food is extremely important. If a restaurant owner or operator were to neglect their duty of care, it could cause an innocent customer to become injured or harmed.
If you believe this to be the case, please contact Legal Helpline to see how our panel of food allergy solicitors could help. This is due to the fact that if you have neglectfully been exposed to a food allergen in a restaurant, you could have grounds to claim compensation. In order to make a claim of this nature, you must provide evidence that displays the negligent restaurant at fault. For example, if you chose an item off the menu that claimed to be gluten-free, but caused you to have an allergic reaction (due to your gluten allergy) you could take a picture of the menu as evidence.
The Food Standard Agency welcomed a new allergen labelling law, and within the law, it states that those who sell, prepacked food must provide accurate full ingredients on labels on all of their items. The labels should distinctly outline if the product contains or came into contact with food allergens. The ingredients need to be emphasised on the product using a typeset that unmistakably distinguishes it from the rest. This point is echoed in the Food Standard Act of 1990, which states that:
- Food is advertised, labelled, and presented to the consumer in a way that isn’t false or misleading.
- Food businesses that sell/serve food should ensure their food is of a certain quality.
- Businesses are not allowed to include anything with the food, treat the food, or remove anything that would be damaging to the health of the people eating it.
In this section, we’ll discuss allergic reaction compensation claims calculators and the different types of claimable damages. Two categories of damages could be awarded to those affected by negligence. These categories are known as General Damages and Special Damages, and in this section, it shall discuss General Damages in greater length.
General damages are awarded for physical injury or psychological trauma after a negligent event. In some cases, those making a claim could question how much compensation they could be entitled to. We have provided a personal injury claims calculator that provides compensation amounts. The figures within the table are based on the Judicial College Guidelines and are to be used for example purposes only. It is worth remembering that every claim for compensation is unique. Therefore, the compensation you could be entitled to may differ from the figures listed within the table.
|Injury||The Severity of the Injury||Amount Awarded||Injury Description|
|Mental Anguish||*||£4,380||Within this bracket, it refers to those that had an impending fear of death, or, the fear of their life expectancy being severely reduced.|
|Poisoning||Significant discomfort||£3,710 to £8,950||Poisoning of his level is expected to cause significant discomfort, cramps, and altercation of bowel function. Hospital admission will be required for some days, with symptoms lasting several weeks recovery within a year or two.|
|Poisoning||Serious but short-lived||£8,950 to £18,020||Poisoning of this nature is often expected to be serious but short lived, with symptoms such as diarrhoea, vomiting, and feeling fatigued. remaining discomfort and disturbance of bowel function and impact on sex life and enjoyment of food over a few years.|
|Poisoning||Severe toxicosis||£36,060 to £49,270||Those that endure a severe case of toxicosis will experience serious pain, vomiting, diarrhoea, a fever, and they will require hospital admission. In some cases, this could lead to incontinence, haemorrhoids, and Irritable bowel Syndrome (IBS).|
|Bowels||Severe abdominal injury||£41,850 to £65,440||Those that endure severe bowel damage, causing impairment of function, often requiring a temporary colostomy.|
|Bowels||Total loss of natural function||Up to £140,870||In cases of this nature, the affected individual would lose all natural function and depend on colostomy. However, the bracket is dependent on age.|
|Bowels||Double incontinence||Up to £172,860||In severe cases, those that endure severe bowel injury would be expected to lose all natural bowel function, and the complete loss of urinary function. The affected individual would also be expected to display other medical complications.|
In the section above, we discussed how General Damages are awarded for physical injury or psychological trauma after an incident in which a third party that owes you a duty of care breaches their duty of care. In this section, we shall discuss Special Damages in greater length. Those that are seeking compensation for a food allergic reaction could be awarded special damages if they have suffered financially. However, for a claimant to be awarded special damages, the financial loss must be connected to the injury. Unlike General Damages, calculating Special Damages is significantly more straightforward, as it evaluates the expenses placed onto the claimant after the event. To successfully make a claim and be awarded special damages, the claimant will be required to provide evidence to support their case. This could include receipts, bank statements, tickets, and any other recorded expense. To illustrate a more precise understanding, we have provided a list:
- The Cost of Care –There are some unfortunate circumstances where an allergic reaction could inflict life-altering health complications. If you require support in performing daily tasks, you might need the help of a carer. If that is the case, then the cost of care could be factored into the claim.
- Medical Treatment – In most cases, those who require medical treatment will receive healthcare through the NHS. However, if you have to personally fund any medical treatment after an allergic reaction, such as prescription costs, this monetary expense could be factored into the claim.
- The Loss of Earnings – After an accident, you might require time away from work to heal and recover. During the recovery period, you could lose out on potential earnings.
- Travel Expenses – This could be awarded to those that need to use public transportation to attend on-going appointments.
If you have experienced a financial loss that isn’t listed above, please do not worry. Simply speak to a member of our team, as they can provide detailed advice regarding your potential claim.
For those wanting to make allergic reaction compensation claims after being exposed to a harmful ingredient, Legal Helpline is here to help. We could connect those with valid grounds to claim with a personal injury solicitor from our panel. We work with a distinguished panel of solicitors that are well versed in personal injury law that has years’ of experience. So if you have suffered an injury or illness due to the negligent actions of another, please contact a member of our team today.
To make allergic reaction compensation claims, you must begin legal proceedings within the personal injury claims time limit. The time limit comes into action from the moment you are neglectfully harmed, meaning you have three years to begin your claim. A failure to start your claim within the time limit may hinder any ability to make a successful claim or be awarded compensation. However, there are cases where the time limit could come into action at a later date. For more information, please speak to a member of the team. They can provide you with detailed information and answer any questions that you might have.
You might require the help of a food allergy solicitor if you are seeking allergic reaction compensation. If you have valid grounds to make a claim, a solicitor from our panel could offer to handle your claim on a No Win No Fee basis. A No Win No Fee agreement is a written arrangement between you and your solicitor that outlines the payment aspects, reduces the threat to your finances, and eliminates any upfront fees.
If a solicitor takes on a claim under this arrangement and has a successful outcome, you will be required to pay a fee for the services that have been provided. This is referred to as a success fee, and it is capped by law. However, if a solicitor takes on a claim but fails to attain a settlement, the agreement means you will not have to pay your solicitors legal fees.
Allergic Reaction Compensation Claims FAQs
Here are some popular questions regarding claims of this nature.
Do restaurants have to provide allergy information?
As mentioned above, the Food Information for Consumers legislation stipulates the duty of care that owners and operators of restaurants are required to uphold to their customers. This duty of care includes having an awareness of the most common allergens and effectively labelling them on their menu. In addition, they must educate their staff with the correct allergen information for each dish, so that information can be provided to customers upon request. Therefore, labelling food is extremely important. If a restaurant owner or operator were to neglect their duty of care, it could cause an innocent customer to become injured or harmed.
Can you sue for an allergic reaction?
Providing that you suffered an allergic reaction as a result of a restaurant failing to comply with the law on food allergens, you could have grounds to make a claim. For a free consultation, please contact Legal Helpline today.
When you are ready to discuss your potential claim, why not give us a call? You will speak to an experienced and knowledgeable member of our team who will be more than happy to assist you however they can. Our phone lines are open 24 hours a day, 7 days a week. Alternatively, you could enquire online through our online form, and a member of our team will contact you.
Call us today on 0161 696 9685 for a free, no-obligation consultation.
Click here to enquire online through our form, and a member of our team will be in touch.
We sincerely hope this online guide has provided those that are seeking legal advice with valuable and enlightening information. In addition to this guide, we have attached some extra materials that could be extremely useful.
I Suffered A Peanut Allergy Reaction Due To The Fault Of Another, Could I Have Grounds To Make A Claim?
Gluten Allergy Claim
I Have A Gluten Allergy And Was Negectfully Exposed To Glutten, Could I Make A Claim?
Could I Have Grounds To Make A Claim Against A Supermarket?
Thanks for reading our guide on allergic reaction compensation claims.
Guide by MN