Allergic reactions can be a terrifying experience. They often come with immediate and sometimes life-threatening symptoms. If you, or your child, are allergic to any particular food or substance, you will know that you have to be extremely diligent when eating out or eating food prepared by other people.
Unfortunately, mistakes with both food preparation and ingredient labelling still happen despite a growing awareness of the potential dangers. These mistakes can lead to serious injury and even death. This guide examines how to make an allergic reaction claim.
Within this guide we will cover how much compensation you might expect to receive for your allergic reaction, the circumstances that might allow you to claim compensation, and how our panel solicitors can help you on a No Win No Fee basis.
If, after reading this guide, you have any questions or would like to discuss your potential personal injury claim, you can contact our advisors with no obligation:
- Directly on our website.
- Calling us on 0800 408 7826
- Using the live chat feature at the bottom of this page to discuss allergic reaction compensation claims.
Select A Section
- Compensation Calculator For An Allergic Reaction Claim
- When Can You Claim Allergic Reaction Compensation?
- When Can An Allergic Reaction Be Caused By Negligence?
- What Evidence Could Help You Claim Compensation For An Allergic Reaction?
- Why Make An Allergic Reaction Claim On A No Win No Fee Basis?
- Resources About Making A Personal Injury Claim
Compensation Calculator For An Allergic Reaction Claim
You can make an allergic reaction claim if you can prove that your reaction was caused by someone else’s negligence. The criteria for what makes a robust claim will be covered later, but first let’s look at how your damages will be calculated.
General damages are awarded for pain and suffering that your allergic reaction has caused you since your accident. They also take into account the other impacts on your life. Have you stopped eating out at restaurants due to anxiety about having a similar experience or worse, fearing a fatal allergic reaction? Have you been left in pain that disrupts your hobbies? These types of negative impacts on your life can be reflected in your damages.
Allergic reaction compensation amounts will vary from case to case as each set of circumstances are different. Your length of recovery, the amount of pain you suffered and any treatment you may have needed will all be factors when your damages are calculated.
Your legal advisor may use the Judicial College Guidelines (JCG) to help advise you how much your injuries are worth. The JCG gives guideline brackets for various injuries and will be often used alongside a medical report that details your symptoms.
There are some guideline figures for allergic reactions and their consequences in the table below but due to the unique nature of each individual case, they are just guidelines. Please note the first example does not come from the JCG, but is included to show you how you could claim for multiple illnesses related to a severe reaction plus expenses:
| Injury | Compensation Guideline | Description |
|---|---|---|
| Multiple severe illnesses and special damages | Up to £500,000 | Settlements may include compensation for multiple illnesses caused by the allergic reaction and related expenses. |
| Brain Injury - Moderate i | £183,190 to £267,340 | Moderately severe intellectual deficit, personality change, altered senses and no prospect of employment. |
| Brain Injury - Moderate ii | £110,720 to £183,190 | Moderate to modest intellectual deficit, greatly reduced or removed ability to work and some risk of epilepsy. |
| Brain Injury - Moderate iii | £52,550 to £110,720 | Concentration and memory are affected, reduced workability, possible fatigue and small epilepsy risk with very limited dependence on others. |
| Lung Injury | £38,210 to £66,920 | The claimant's breathing difficulties require fairly frequent inhaler use. |
| Lung Injury | £12,990 to £25,380 | There's the likelihood of substantial and permanent recovery from slight breathlessness within a few years. |
| Digestive system severe (i) | £46,900 to £64,070 | Severe toxicosis causing serious acute pain, vomiting, diarrhoea requiring hospital admission. Ongoing digestive related issues. |
| Digestive system serious (ii) | £11,640 to £23,430 | Serious but short lived diarrhoea and vomiting diminishing over two to four weeks. Some remaining pain and disturbance of bowel function. |
| Digestive system less severe (iii) | Up to £11,640 | Allergic reaction causing significant discomfort, cramps, altered bowel function and fatigue. Hospital admission for several days and full recovery within a year or two. |
| Skin Conditions | £16,770 to £23,430 | Cracking and sore dermatitis that affects employment and domestic capability (possibly with some psychological impact) last for some years. |
Special Damages
You may also have out of pocket expenses as a result of your injuries and these can also be claimed. They could include
- Loss of earnings (past and future)
- Surgery costs
- Care needs
- Medical expenses
- Travel expenses
Your legal advisor will be able to help you with any other items you may wish to claim. Call today to discuss making an allergic reaction compensation claim.
When Can You Claim Allergic Reaction Compensation?
You may be able to get damages for an allergic reaction claim if you can prove third-party negligence. This guide will focus solely on allergic reactions you could receive in relation to public liability claims such as from ordering food or drinks from restaurants, pubs, cafes or other such locations.
To succeed in a compensation claim for your allergic reaction you must show that:
- A third party owed you a duty of care
- They breached that duty, for example by incorrectly labelling a food item
- You suffered an avoidable allergic reaction as a result of this breach
Food Safety Legislation
The Food Safety Act 1990 gives the structure for food related legislation. It contains the main responsibilities for food providers to their customers. Businesses should ensure that they don’t include things in food or produce food so that it that it will cause people who eat it harm. This duty of care is for the preparing, handling and also the storing of food.
The Food Standards Act 1999 also established the Food Standards Agency (FSA). This is a governmental department helping to protect the public’s health and also the interests of all consumers with regard to food. The FSA has the authority to act in the consumer’s interest at any stage throughout the supply chain and food production. If a business provides food, for example a restaurant, they have to perform their duties correctly. Additionally, they could be at fault for any allergic reactions.
Finally, The Food Information Regulations 2014 state that a food business operator must make sure the consumer is aware of any allergen, due to their potentially dangerous nature.
Given the seriousness of allergic reactions it is good to see that food providers have to operate to a high standard. If you believe you have been the victim of a food provider’s negligence and have suffered an injury please contact one of our friendly advisors for some free advice about how to start an allergic reaction claim.
What Allergens Can Cause Allergic Reactions?
There are a number of allergens that are in food that providers and customers need to be aware of. These include:
- celery
- cereals containing gluten
- crustaceans
- eggs
- fish
- lupin
- milk
- molluscs
- mustard
- nuts
- peanuts
- sesame seeds
- soya
- sulphur dioxide (sometimes known as sulphites)
A food provider could breach their duty of care if they don’t handle these ingredients correctly. If you think this might have happened to you, then please contact us so we can discuss further. You might be eligible to make a food allergy claim.
When Can An Allergic Reaction Be Caused By Negligence?
Some examples of negligence could include:
- A food provider fails to ask you if you have any allergies. As a result, you consume an ingredient you have a known allergy to.
- Your food being cooked in the same pan as something you are allergic to. Eating the item made you seriously ill. Chefs and those responsible for cooking should be trained in cross-contamination of allergens as well as bacteria.
- You ingest something that has been mislabeled that you wouldn’t have eaten otherwise. This triggered a reaction.
There are other ways a breach of duty can happen and you can always discuss your specific circumstances with one of our advisors. Additionally, they can check your eligibility to make an allergic reaction claim.
Can You Claim Compensation For A Fatal Allergic Reaction?
Sometimes negligence can lead to the most serious of consequences. If you have lost a loved one to a fatal allergic reaction you may be able to claim compensation. This will undoubtedly be a very stressful time and our panel solicitors could be able to help you claim funeral expenses as well for your ongoing financial dependency. We would urge you to contact us to learn how we can help you.
What Evidence Could Help You Claim Compensation For An Allergic Reaction?
You will need to prove your case and also your injuries. A personal injury solicitor can help advise you about your prospects of success and what supporting documents may be required. These could include:
- Medical records
- Photographs of your injuries e.g. if you have a rash
- Receipts for expenses
- A diary of your symptoms
One of our panel solicitors will be able to advise you about what evidence you will need to support your allergic reaction claim and how they can help you gather it.
Why Make An Allergic Reaction Claim On A No Win No Fee Basis?
Our panel of solicitors operate on a No Win No Fee basis by potentially offering you a Conditional Fee Agreement. This type of agreement offers several benefits including:
- Not having to pay upfront for the work your solicitor does during the claims process.
- Not having to pay for ongoing work.
- Nothing to pay for their services if the claim fails.
- A success fee will be due to your solicitor if the claim is successful. This is a percentage of your compensation but has legally imposed maximum.
If you would like to work with one of our experienced personal injury solicitors from our panel for your allergic reaction claim you can contact us today by:
- Directly on our website
- Call us on 0800 408 7826 (24 Hours a day)
- Use the live chat function on this page
Resources About Making A Personal Injury Claim
Hopefully you have a better understanding of allergic reaction claims. We have further resources you may like to read.
Guides by us:
- If you would like to know more about personal injury claims in general, try our frequently asked questions section.
- For more information about serious injuries following severe allergic reactions please read our guide on how to calculate compensation for a brain injury.
- Here is some information about how to calculate an award for multiple injuries.
External resources:
- Know which food poses a risk to those with food allergies. The Food Standard Agency’s top 14 allergens.
- What are you entitled to be paid whilst recovering from your injuries? Consider the government’s guide to statutory sick pay.
- Would you like to help those who are suffering mentally with their symptoms? Consider visiting the charity Mind.
If you would like to get an allergic reaction claim started, get in touch today.