Those that suffer from allergies may need to take care when eating from a restaurant or when purchasing food from a store. If a third party were to neglect their duty of care, you could be exposed to a harmful allergen that could cause you to have an allergic reaction. Food manufacturers, dining establishments, and food retailers have a duty towards their customers, meaning they have to highlight allergens within their food. A failure to comply with this legal requirement would be considered a breach in the duty of care and making them liable for a customer’s illness.
If you have a wheat allergy and have suffered from an allergic reaction, due to the negligence of a third party that owed you a duty of care you could make a personal injury claim. On this page, it aims to outline how our panel of distinguished solicitors could potentially handle your claim for compensation. Once you have finished reading this guide, you might have additional questions. If that is the case, please speak to an adviser, as they can offer free legal advice of no obligation.
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- A Guide To Wheat Allergic Reaction Compensation Claims
- What Is A Wheat Allergy?
- What Foods Should People With A Wheat Allergy Avoid?
- What Are The Differences Of Wheat Intolerance And Allergies?
- Severe And Anaphylactic Reactions
- Wheat Allergies And Intolerances Symptoms
- Do I Have A Wheat Allergy Or Intolerance?
- What Does The Law Say About Allergens?
- Wheat Allergy Claims Against A Restaurant
- Evidence Which Could Support Your Wheat Allergy Claim
- Special Damages To Compensate For Expenses And Losses
- Wheat Allergy And Intolerance Compensation Calculator
- How To Make An Allergic Reaction Claim
- No Win No Fee Wheat Allergy And Intolerance Claims
- Contact Legal Helpline
- Supporting Information
If you are reading this online guide, you could be questioning how a negligent third party could trigger a wheat allergy? When purchasing food from a third party, they are responsible for highlighting any ingredients that could be considered harmful, and a failure to do so could be a breach in the duty of care. So if you’ve neglectfully been exposed to harmful allergens that have caused you harm, you could potentially have grounds to claim compensation. If you wish to claim compensation, you might have additional questions about the claims process and how Legal Helpline could be of service. Within this online guide, it will discuss:
- What is a personal injury claim?
- What is a wheat allergy?
- How are allergic reactions caused?
- How could a third party cause me to have an allergic reaction?
- What is a No Win No Fee agreement?
- How could Legal Helpline assist me?
Before we delve into this online guide, you should be aware of the personal injury claims time limit, as it could affect your ability to make a claim. A personal injury claims time limit generally comes into action the moment you are injured or when you find out you have been preventable harmed due to negligence, which means you have three years to begin your claim for compensation. However, there are exceptions that could affect the time limit, so it’s advised that you speak with a legal professional.
A food allergy is where a person’s immune system disagrees with a particular item, causing the body to react in different ways. Food allergies are extremely common, and according to the NHS, they affect one in four people. The NHS also highlights that food allergies are very common amongst children, but in some cases, childhood allergies may disappear as the child grows older. It is also common for adults to develop allergies to things they weren’t previously allergic too. Symptoms of a wheat allergy reaction might include:
- Itchy and Watery Eyes
- Red Spots
- Breathing Issues
If someone suffers from a severe wheat allergy, a restrictive and watchful diet is often the best approach. According to FoodAllergy.org, people with wheat allergies should be mindful of products such as:
- Cereal Extracts
- Wheat Grass
- Wheat Protein Isolate
An allergy is the immune system’s response to a food protein that triggers an automatic reaction. An allergic reaction affects numerous organs in the body. There are some cases where an allergic reaction cannot be prevented, as they can be caused by inhaling, touching, or merely being near a wheat-based product. Intolerance to wheat is different from an allergy. Intolerance symptoms are the bodies response after consuming a wheat-based product, which can be reduced through a restrictive diet. The symptoms affect the digestive system. Unlike an allergy, wheat intolerance will not be triggered by touch, inhaling, or being near the harmful allergen.
If you suffer from a wheat allergy and are exposed to a wheat-based product, it could cause serious health ramifications, and in severe scenarios, an allergic reaction which could cause anaphylaxis or a fatal outcome. According to Allergyuk.org, anaphylaxis reactions affect 1 in 1000 of the British population. In many cases, people who suffer from a high risk of anaphylaxis will often carry an EpiPen, and in the event of exposure should seek medical attention as soon as possible. The NHS state that the symptoms of a severe allergic reaction could include:
- A fast heartbeat
- Clammy Skin
- Breathing Difficulty
There are various ways an allergic reaction could be triggered, with the main cause being food consumption. However, some people can experience allergic reactions in less conventional methods like inhaling wheat flour. When the body experiences contact with an allergen, it could cause:
- Irritation of the mouth or throat.
- Swelling of the mouth or throat.
- Your skin may become itchy
- Your nose may produce more mucus than normal, and it could cause an itchy or burning sensation
- Breathing difficulty
- Vomiting or nausea
- Cramps, diarrhoea
Wheat intolerance is a lot more controllable when compared to an allergy, as it is typically caused by ingesting wheat-based food. To prevent discomfort and physical pain that is caused by intolerance, a wheat-free diet is often the best approach. Unlike wheat intolerance, an allergic reaction could be caused by numerous different factors that range food consumption, inhaling, or merely being near a wheat-based product. To decipher whether or not you have a food allergy, your GP might recommend that you visit a specialist. If you are referred to a specialist, they might perform a variety of different tests such as:
- Skin-prick test
- Blood test
- Undergo a food elimination diet
The Food Standards Agency highlighted that there are laws and legislations set in place that affect the way food is sold and packaged. Food manufactures, restaurants, and supermarkets are required by law to inform of the 14 most common food allergens. This point is echoed by The EU Food Information for Consumers Regulation (EU FICR), as they state that those who sell food should be extremely aware of the most common food allergens and label the allergens accordingly. Packaging and labelling are extremely important in terms of food, as it informs the consumer and prevents incidents from occurring. If a third party were to improperly label the allergens within their food, it could cause a customer with an allergy a degree of harm.
Restaurants have a duty of care to their customers to be extremely transparent and highlight any allergens within their food. The importance of safety in a restaurants is outlined within the Occupiers Liability Act of 1957, as it states that the owner or the occupier of a public restaurant must ensure the safety of visitors to their premises. This duty of care applies to customers and members of staff, and a failure to uphold the crucial obligation could be considered a breach in the duty of care. If a restaurant were to breach this obligation, it could cause customers and employees harm.
You might be wondering what to do if an allergic reaction was caused by the negligence of another, so we have included this section that provides some steps you could take. In the event you have been injured by a negligent party, you will be required to display evidence that shows that party at fault. Of course, these steps will become relevant once you have seen a medical professional.
Steps to consider include;
- Report the illness to food manufacturers, dining establishments, and food retailers
- If you experience a reaction at a restaurant, take a picture of the menu
- Provide medical proof of your allergy
- Provide a history of medication or a medical report that details your allergy
An accident of any nature has the ability to inflict a wide variety of damages that range from physical injury, psychological trauma, and financial loss. In legal terminology, these are referred to as General Damages or Special Damages, and to create a greater understanding, we have provided some explanations.
General Damages – These are often awarded for physical injury/psychological trauma after an accident that was caused by a negligent third party. The compensation awarded for general damages will take into consideration the severity of the injury.
Special Damages – In simple terms, special damages could be awarded to cover any financial loss that has occurred. Special damages may be awarded to cover;
- Medical Bills – Whilst the NHS aims to provide treatment to those that have been injured, there are some scenarios where you might have to personally fund medical expenses. If that is the case, these expenses could be taken into consideration when pursuing a claim against a negligent party.
- A Loss in Finances – You might be eligible for Statutory Sick Pay (SSP) during your time off from work. However, the SSP you could be entitled to might be extremely lower than your normal income, causing you to experience a financial loss. This financial loss could be taken into consideration when pursuing a claim for compensation.
- Aftercare Treatment – After an accident, you may require supportive care or a specific piece of equipment to accomplish everyday tasks. If that is the case, the cost of these expenses could be taken into consideration when pursuing a claim against a negligent a third party.
Those that have been injured by a negligent party might use a personal injury claims calculator, as a calculator can provide an estimated compensation figure. We have chosen to provide a table that outlines several different types of injury, the severity of each injury, and the compensation that could be awarded. The figures that have been provided within the table are from the Judicial College Guidelines and has been provided for example purposes only. It is worth remembering that all claims for compensation are unique to the circumstances at hand, and the compensation you could be entitled to may vary.
|Injury||The Severity of the Injury||Awarded Settlement||Injury Description|
|PTSD||Less Severe||£3,710 to £7,680||Minor levels of PTSD are often expected to make a full recovery within a one to two year time frame. However, minor symptoms could prevail beyond this time frame.|
|PTSD||Moderate||£7,680 to £21,730||Moderate levels of PTSD - injured person will have largely recovered and any continuing effects will not be grossly disabling.|
|PTSD||Severe||£56,180 to £94,470||Permanent effects which prevent the injured person from working at all or at least from functioning at anything approaching the pre-trauma level.|
|Poisoning||Moderate||£8,950 to £18,020||Poisoning of this nature is serious, and is expected to be short lived. Signs of diarrhoea, vomiting, and fatigue are expected, some remaining discomfort and disturbance of bowel function and impact on sex life and enjoyment of food over a few years.|
|Poisoning||Severe||£3,710 to £8,950||Poisoning of this nature is expected to inflict significant discomfort, stomach cramps, fatigue, and bowel function.|
|Bowel Injury||Moderately Severe||Up to £140,870||An injury of this nature would result in the total loss of natural function and will fully depend on a colostomy.|
|Bowel/Bladder Injury||Severe||Up to £172,860||In cases of this nature, it would include the total loss of natural bowel function and the complete loss of urinary function.|
If you have been injured or harmed due to the negligence of another, you might be unsure of whether or not you could claim for compensation. In the event you have been injured due to the negligence of a third party, Legal Helpline could potentially assist you in making a personal injury claim. We work with a distinguished panel of solicitors that have years’ of experience and are well versed in personal injury law. Even if we aren’t located in your immediate area, a solicitor from our panel could still cover the area and handle your potential claim. So if you have experienced an allergic reaction due to the negligence of a third party that owed you a duty of care, please contact a member of our team today.
If you have valid grounds to pursue a claim, a solicitor from our panel could offer to handle your case under a No Win No Fee agreement. This may also be referred to as a Conditional Fee Agreement, and in simple terms, it acts as a mutual agreement between you and the solicitor. An arrangement of this nature could reduce the threat to your finances throughout the claims process and eliminates any upfront costs. If a solicitor takes on a claim under an agreement of this nature and has a successful outcome, you as the claimant will be required to pay a success fee for the services that have been provided. This fee will be taken from the awarded settlement and is capped at 25%. Both you and your personal injury solicitor will discuss the percentage that will be taken in greater length ahead of time.
If you have any questions regarding No Win No Fee agreements, please contact a member of our team today.
If you wish to speak with an adviser, why not give them a call? Our phone lines are free to call, and our experienced advisers are available 24 hours a day, 7 days a week. Alternatively, you could enquire online through our form that is located on our website. Once completed and submitted, a member of our team will review your submission and contact you at a later date that is convenient for you.
We hope this guide has been useful in outlining the different ways a solicitor from our panel could be of assistance. In addition to this online guide, we have provided some supporting information that could be of use.
Accident at Work – Could I make a claim against a negligent employer?
Supermarket Claim – Does a supermarket owe me a duty of care?
Hotel Claims- I was injured at a hotel, what should I do?
Guide by ML