I Suffered A Peanut Allergy Reaction, Could I Make A Compensation Claim?

    I Suffered A Peanut Allergy Reaction, Could I Make A Compensation Claim?

    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 0161 696 9685. 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.

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    A Guide To Claims For Peanut Allergy Reactions

    Peanut allergy claim

    Peanut allergy claim

    This guide to making a peanut allergy claim is aimed squarely at educating you about the reasons you may be eligible to make a claim, who could be liable, and how a personal injury lawyer will help you with your personal injury claim. We start this guide with a general overview of what a peanut allergy is, why people suffer from them, and why you could be eligible to claim if a third party triggers your allergic reaction.

    The first part of this guide is related to the facts about nut allergies. We start with some statistics about peanut allergies. We then move on to look at the symptoms of an allergic reaction to peanuts, including anaphylactic shock. We discuss the kinds of people that are most at risk of allergic reactions to peanuts and the causes of such allergic reactions. We end this part of the guide by taking a look at how allergic reactions can be prevented, and also what the situation is regarding the labelling of foodstuffs in the UK to show allergen content.

    The last part of this guide contains a number of sections that relate to the claims process itself, and key information you will need. We show how specific circumstances need to exist in order for you to be eligible to attempt to make a claim. You will find a table that was created based on the UK judicial guidelines, that shows possible compensation ranges for different severities of food-related illnesses. Additionally, we have provided a list of some of the kinds of damages that are most commonly awarded as part of an overall compensation settlement. We finish off by explaining how a No Win No Fee lawyer can help you to mitigate some of the many risks of making a claim, and why using such a solicitor might be a good choice for you.

    If you have any questions about this guide, your own claim, or the process of making a claim in general, then please reach out to our claims team on the phone number near the end of this guide. They will answer all of your questions for you, and also explain how we could be able to help you to get the compensation you are eligible for.

    The Basics Of Peanut Allergies

    Before we move on to look at the process of making a peanut allergy claim, we will take some time to go over exactly what a peanut allergy is. A person with a peanut allergy is prone to suffering an allergic reaction to one or more proteins found in peanuts. This can result in the manifestation of symptoms from minor (skin rash, swelling) to life-threatening (anaphylaxis).

    Peanuts contain the known allergen proteins of Ara h 1, 2, and 3. As do many other kinds of nuts which grow on trees. Therefore, some people who have a known allergy to peanuts could also potentially have an allergy all tree nuts.

    Later on in this guide, we will look at how a peanut allergy can be triggered, what the main symptoms are, and how an allergic reaction can be treated and prevented. If an allergic reaction is triggered by the actions of a third party, then a compensation claim could be possible.

    Peanut Allergy Statistics

    Here are some recent statistics about peanut allergies in the UK by AllergyUK:

    • Peanut allergies affect 2% of the population
    • Peanut allergies affect 1 in 50 children, an increasing rate
    • Children with eczema or egg allergies are more likely to develop peanut allergies

    Though these numbers may seem relatively low, peanut allergies are not uncommon and can be extremely dangerous. In some cases, an allergic reaction to peanuts can even be fatal. If you’ve been caused to suffer as a result of third-party failings, please get in touch with us today to see how we can help.

    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.

    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.

    Causes Of Peanut Allergy Reactions

    We covered the medical cause of a peanut allergy earlier in this guide. In this section, we will take a look at some of the kinds of foods that can cause an allergic reaction to peanuts. Many of which, most people would not suspect as being a problem. Peanut allergy causes such as:

    • Chilli powder, ground or whole chilis.
    • Marzipan and nougat.
    • Sauces (gravy, pesto, hot sauce, salad dressing, etc.)
    • Baked goods and biscuits.
    • Sweets such as puddings or sundaes.
    • Any food that contains peanut oil.
    • Asian and Mexican dishes.
    • Some vegetarian foods.
    • Some kinds of cholate.
    • Marinades and glazes.

    As we can see, the list of potential foodstuffs that can cause an allergic reaction for somebody who suffers a peanut allergy (or a tree nut allergy in general) is quite substantial.

    How Can Allergic Reactions To Peanuts Be Prevented?

    The best way to avoid peanut allergy treatment, is to make sure you avoid an allergic reaction. People with a food allergy to peanuts should:

    • Avoid foodstuffs on the list in the previous section.
    • Develop good habits, such as always checking the labels of food.
    • Be wary of exotic dishes from regions such as South America and Asia, when ordering in a restaurant. Always question the serving staff.
    • Look out for foodstuffs that are not on your danger list, but have markings such as made in a factory that uses nut ingredients” or “may contain peanuts” on the label.
    • If you are cooking at home, try to substitute not allergen ingredients. For example, if a recipe calls for crushed peanuts, you could use seeds or toasted oats instead.
    • If you have bee prescribed medication to take if you suffer an allergic reaction, make sure to carry it on you at all times.
    • Consider wearing a medical bracelet or necklace that will warm healthcare workers of your allergy.

    In many ways, preventing an allergic reaction is down to common sense. However, even with the best habits, allergy sufferers can still slip and make a mistake, especially when given incorrect information. When a mistake is made by a third party, such as providing the wrong information, or failing to label food properly, this could result in the third party be liable to pay compensation to the allergy sufferer.

    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.

    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.

    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.

    Medical ConditionSeverityInfoPayment
    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.£860 to £3,710
    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.£3,710 to £8,950
    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.£8,950 to £18,020
    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.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?

    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:
      • 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.
    • Special damages:
      • 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 0161 696 9685 and they will help to get your claim started.

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

    Peanut Allergy Claim FAQs

    Here are some questions that claimants often ask regarding peanut allergy claims.

    Can you sue for peanut allergy?

    If a third-party owed you a duty of care that they were negligent to, whether that be a restaurant not labelling an allergen or the like, you could be able to make a claim against them. To see whether you have a valid peanut allergy claim, please contact one of our advisors today for a free consultation.

    Is a restaurant liable for food allergies?

    Restaurants and the like are legally required to label any known allergens if they may appear in anything on their menu. If they fail to do so and you suffer an allergic reaction as a result, you could be able to hold them liable by making a claim against them. To learn more, please get in touch with our advisors.

    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.