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Could I Make A Peanut Allergy Claim?

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Tracy Chick

Tracy Chick is a dedicated and expert Road Traffic Accident lawyer, holding a prestigious MASS Diploma in her field.

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Navigating life with a peanut allergy can be challenging. When purchasing food, you rely on others to take precautionary measures in order to keep you safe. Unfortunately, restaurants and food suppliers do not always meet allergy requirements. This can have serious consequences when it comes to your health and well-being. If you have experienced an allergic reaction due to the negligent actions of another party, you could be eligible to make a peanut allergy claim

Our advisors can confirm whether you have valid grounds to proceed and may connect you with a solicitor from our panel. This means you could access excellent legal guidance through a No Win No Fee contract, with no fees for your solicitor’s work before or during the case. You are also welcome to enquire if you would simply like more information, as our advisors offer answers to your questions with no strings attached.

 

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Am I Eligible To Claim Compensation For An Allergic Reaction To Peanuts?

There are two main ways that a person could be eligible to claim allergic reaction compensation. And these are:

  1. The victim ate packaged food that did not declare the allergen content on the packaging, and subsequently suffered an allergic reaction after eating it.
  2. The victim asked about the allergen content of restaurant food and was given the wrong information. They then suffered an allergic reaction after eating it.

In order to be eligible to claim, you must be able to prove that a third party was responsible for the harm you suffered. In the case of a restaurant, you should consider keeping all bills, receipts and also take a photograph of the menu. In the case of packaged food, keep the packaging and the labels, and also consider keeping the food itself, by freezing it.

If you have suffered an allergic reaction to peanuts because of the actions of a third party, we could be able to help you to make a compensation claim for the harm you have suffered.  Please speak to our claims team on the number at the end of the page. One of our claim advisors will go over your claim with you, and offer you some free legal advice on how best to proceed.

Allergy Warning Information Food Labels Should Include

Under UK law, in relation to food safety and peanut allergy guidelines, all food manufacturers have specific obligations they must meet. Peanut is one of a group of 14 common allergens that must be noted on the contents of food clearly. The way the label should read, is that it should say either of these two things:

  • Not suitable for someone with a peanut allergy.
  • May contain peanuts.

If a person with a peanut allergy checks the label of packaged food and no peanut content is listed, and then subsequently suffers an allergic reaction, then the firm that packaged the food could be liable in a compensation claim.

Who May Be At Risk Of Allergic Reactions To Peanuts?

One of the key peanut allergy facts that people need to know, is just who is at the most risk of developing a peanut allergy. There are three main groups of people who could be at risk, and these are:

  • Infants and toddlers, and younger people in general.
  • People who have other family members that suffer some form of allergy.
  • People who suffer from a skin condition such as eczema.

Of course, these are not the only people at risk, there are others, but these are the three main groups.

A woman with her hands out refusing a plate of nuts

Symptoms Of Peanut Allergies

In this section, we will look at the main peanut allergy symptoms that people suffer when an allergic reaction is triggered. And these are:

  • Skin rash (may look like nettle rash).
  • Swelling of the face.
  • An itchy or swollen throat.
  • Nausea or diarrhoea.
  • Breathing difficulty.
  • Feeling dizzy.
  • Full-blown anaphylaxis (more on this in the section below).

These symptoms can be triggered by even minute exposure to the peanut allergens found in some foods. See the link at the end of the page for more information from the NHS.

Severe And Anaphylactic Reactions To Peanuts

Anaphylaxis is the extreme upper level of the symptoms of an allergic reaction such as a person with a nut allergy may suffer. Anaphylaxis is a potentially life-threatening condition of the victim doesn’t receive rapid medical help. The symptoms of anaphylaxis include:

  • Feeling dizzy or faint.
  • Difficulty breathing (rapid breathing or swallowing breaths).
  • Wheezing or other noises when breathing in and out.
  • A rapidly beating heart.
  • Skin that has become clammy or sweaty.
  • Mental confusion, panic or anxiety.
  • Passing out and losing consciousness.

These symptoms could be in addition to the less traumatic symptoms of an allergic reaction we covered in the previous section. We have included a link to the NHS page related to anaphylaxis at the end of this guide.

Compensation Calculator For An Allergic Reaction To Peanuts

When it comes to calculating your peanut allergy compensation, our personal injury calculator takes your physical, psychological and financial impact into account. The first aspect of the compensation to consider is general damages, which compensate you for the pain and suffering related to your allergic reaction. 

Our compensation calculator uses figures from the Judicial College Guidelines (JCG) in order to estimate general damages. This is a document that outlines compensation guideline brackets for different types and severities of harm. 

Some of the JCG figures have also been listed in the table below. Although you may find these useful, it is essential that you do not view them as a guarantee of your compensation. Peanut allergy compensation can account for various factors, from the impact of injuries on your relationships to the future effects on your employment prospects. Generalised figures and estimates cannot account for this.

Therefore, you may benefit from speaking directly with an advisor. This gives them the chance to tailor the estimate to more complex and unique aspects of your case. This is a free service, and there is no requirement to make a claim after receiving your estimate. 

Please note that the first figure in the following table does not come from the

Medical ConditionSeverityInfoPayment
Multiple injuries with financial lossesSevereMultiple injuries resulting in costs such as payments for medication, professional care and home adjustmentsUp to £250,000+
Illness (non-traumatic)SevereA very severe food-related illness that will manifest symptoms such as acute pain, nausea, diarrhoea, stomach cramps, vomiting and a fever. In extreme cases anaphylactic shock that could be life-threatening. These symptoms would last several weeks or more, and the victim will need to be hospitalised for much of this time. Work will be impossible and life quality will be affected.£46,900 to £64,070
Illness (non-traumatic)SeriousSerious food-related illnesses that will manifest symptoms such as nausea, diarrhoea, stomach cramps, vomiting and a fever. Symptoms may require a stay in hospital to treat or GP prescribed antibiotics. While the illness is in effect, the victim will suffer a negative effect upon their life quality, potentially being bedridden.£11,640 to £23,430
Illness (non-traumatic)ModerateFood-related illnesses that manifest symptoms such as stomach cramps, bowel dysfunction, nausea, fatigue and a mild fever. These symptoms can be treated by prescription medication from a GP, or a short stay in a hospital and recovery will be made within a few weeks at most.£4,820 to £11,640
Illness (non-traumatic)MinorA minor illness that will manifest mild symptoms such as an upset stomach or stomach cramps, that will only last a few days and can be treated using over the counter medication.£1,110 to £4,820

Could I Claim Compensation For Expenses Related To My Illness?

Special damages could compensate you for financial losses you have suffered such as:

  • Loss of long-term income potential due to reduced or entirely negated ability to work in the future.
  • Loss of income if you took time away from work and lost out on your salary or wages either fully or partially.
  • Private medical fees if you had to pay for treatment that could not be provided for free by the NHS.
  • The cost of care if you had to hire a nurse to take care of you at home, or a home help to assist with cleaning and maintenance.
  • Out of pocket costs such as travel tickets if you had to travel to deal with your claim, or to receive treatment.

If you would like to know which kinds of damages might be applicable in your own case, please call our claims team. A claim advisor will talk through your claim with you, and then let you know what kinds of damages you could be able to claim for.

Why Choose To Make Your Peanut Allergy Claim With Our Team?

You should make your peanut allergy claim with one of the solicitors from our panel because they are experts in navigating the claims process and have years of legal experience. Understanding personal injury law can be difficult if you don’t have the right guidance. Our panel supports claimants at each stage of the claims process with the following legal services:

  • Explaining how you can prove the medical impact of your allergic reaction and the responsibility of the other party
  • Providing you with regular case updates and advising you on legal decisions
  • Arguing for the maximum amount of compensation to be paid to you
  • Handling correspondence with the other parties involved and representing your interests

Don’t worry if you’re still unsure about making a claim for peanut allergy compensation, as our advisors understand that this is a big decision. You can contact them for more information and take some time to consider afterwards. 

No Win No Fee Peanut Allergy Compensation Claims

You could make a claim for peanut allergy compensation on the basis of No Win No Fee, which is a great way to access legal representation. By signing a Conditional Fee Agreement (CFA), you confirm that there is no need to pay for your solicitor’s work:

  • Before the peanut allergy claim starts  
  • As the case progresses
  • If no compensation is given to you

However, on the condition that you are compensated, you will need to pay a percentage of the compensation to your solicitor. This is called a success fee. The percentage is subject to a legally enforced cap, which means claimants still receive the largest share of the compensation.

Don’t worry if you still feel hesitant about signing a contract. You are welcome to speak to our advisors for more details.

Speak To The Legal Helpline Claims Team

Have you suffered an allergic reaction to peanuts at the hands of a third party? Do you think you could have a valid reason to make a claim for the harm you suffered? If so, speak to our claims team about making a peanut allergy claim today. You can contact them on 0333 000 0729 and they will help to get your claim started.

Thanks for reading our guide to making a peanut allergy claim.

Supporting Guides And Medical Resources

These external links could be useful:

You might also like to check over these other guides:

Thanks for reading our peanut allergy reaction compensation claims guide.

Author

  • Tracey Chick author - Legal Helpline

    Tracy Chick is a dedicated and expert Road Traffic Accident lawyer, holding a prestigious MASS Diploma in her field. When she's not immersed in the complexities of legal cases, Tracy loves to be outdoors, particularly enjoying any kind of water-related activity.

    View all posts Road Traffic Accidents Lawyer
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