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By Olivia Mariano. Last updated 11th March 2021. Welcome to our guide to making a peanut allergy claim, where we’ll explain how you could be eligible for peanut allergy reaction compensation. People who suffer from a peanut allergy are put at risk of an allergic response to peanuts if they are provided with the wrong information about the allergen content of food. This online guide looks at how if such a reaction is triggered by the actions of a third party, it may be possible for the victim to pursue a personal injury claim.
Each claim and the circumstances that lead to it are unique. For this reason, you may not find answers to all of your questions in this guide. If you don’t, all you need to do is give our claims team a call on 0333 000 0729. They will answer any questions you need to be answered, and also advise you on how we can help you to move your claim forward.
Jump To A Section:
- Am I Eligible To Claim Compensation For An Allergic Reaction To Peanuts?
- Symptoms Of Peanut Allergies
- Severe And Anaphylactic Reactions To Peanuts
- Who May Be At Risk Of Allergic Reactions To Peanuts?
- Compensation Calculator For An Allergic Reaction To Peanuts
- Could I Claim Compensation For Expenses Related To My Illness?
- Why Choose To Make Your Peanut Allergy Claim With Our Team?
- No Win No Fee Peanut Allergy Compensation Claims
- Speak To The Legal Helpline Claims Team
- Supporting Guides And Medical Resources
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:
- The victim ate packaged food that did not declare the allergen content on the packaging, and subsequently suffered an allergic reaction after eating it.
- 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.
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
It could be possible to find some kind of generic online personal injury compensation calculator to get a rough estimate of how much you could be entitled to as part of your peanut allergy claim. You can also check out the table below, it was created based on the UK judicial guidelines for valuing injuries and illnesses. You can look up the severity of your allergic reaction or food-related illness, and then check the range of compensation that could be available.
If your claim for peanut allergy reaction compensation is successful, the settlement you are offered will be made up of different kinds of damages. These will all fall under the two headings of general damages (to compensate for harm and suffering, physical or psychological) and special damages (to compensate for financial and other losses).
General damages will consider the following:
- A permanent disability that will lower your life quality.
- Long-term recuperation, possibly requiring traumatic treatment as an ongoing cure.
- Psychological damages that could include post-traumatic stress disorder, new phobias, anxiety, depression, etc.
- Short term trauma and shock.
- Pain and suffering before medical treatment was received.
| Medical Condition | Severity | Info | Payment |
|---|---|---|---|
| Illness (non-traumatic) | Minor | A 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. | £860 to £3,710 |
| Illness (non-traumatic) | Moderate | Food-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. | £3,710 to £8,950 |
| Illness (non-traumatic) | Serious | Serious 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. | £8,950 to £18,020 |
| Illness (non-traumatic) | Severe | A 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. | 36,060 to £49,270 |
To have your claim valued more accurately, a lawyer will need to do this for you. This will mean undergoing an impartial medical examination to prove the extent of your injuries/illness, and whether your future life quality will be negatively impacted in any way. You can speak to one of our claim advisors if you want to go ahead with this.
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?
If you need a personal injury solicitor to help you to make a peanut allergy claim, then we think we have one of the simplest new claims processes around. All you need to do to get your claim underway is to follow this simple three-step process:
- Call our claims team on the number near the bottom of this guide. They will answer any questions you have at this stage. They will also provide you with key information related to your claim, such as which personal injury claims time limit will apply.
- A claim advisor will talk through your claim with you, tell you about your legal options, and then offer you a way to have your claim processed at reduced financial risk.
- An accident and injury lawyer will begin processing your claim for you, and aim to secure you the maximum level of compensation possible.
Don’t worry if you feel a little daunted about starting your claim, our team is here to help and will explain everything you need to know.
No Win No Fee Peanut Allergy Compensation Claims
If you choose to work with our lawyers, they’ll offer to handle your peanut allergy claim on a No Win No Fee basis. This means that you wouldn’t need to pay anything at all until you have won your claim. The lawyer will only collect their pre-agreed fee when they receive a compensation settlement for you. The fee is deducted from this payment, and you are given the rest.
You don’t pay the solicitor to start working on your claim, or during the time they are processing your claim for you. If the claim fails, and you receive no compensation at all, you still pay nothing.
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:
- NHS Information On Peanut Allergies
- NHS Information On Anaphylaxis
- Food Standards Agency (FSA) Information On Food Standards
You might also like to check over these other guides:
- Holiday Accident Claims
- Claiming Against A Supermarket
- How To Claim For An Illness At Work
- Get help with making a claim if you had an allergic reaction at vegetarian restaurant with our guide.
Thanks for reading our peanut allergy reaction compensation claims guide.