How To Make An Allergic Reaction Claim – Find Out How Much Compensation You Can Claim

Allergic reactions can cause symptoms that range from mild to severe and if you suffer from food sensitivity you probably know all too well how you need to watch food carefully. This guide to accidents in a public place will explain how you could start an allergic reaction claim if others failed to take the same care with your food.

Our guide will begin by explaining the care duty that public places have to customers and how certain legislation defines this duty. A valid personal injury claim needs to show how this duty was breached. So we look at what sort of evidence you can gather to strengthen your claim. We also offer some typical examples of when an allergic reaction claim could be made.

Next, we look at compensation and explain how it is calculated. As well as what areas of harm it aims to cover. Time limits apply to starting personal injury claims and we explain those in detail. To conclude our guide we explore the advantages of seeking legal representation from our panel of personal injury lawyers to help.

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Browse Our Guide

  1. When Can You Claim For An Allergic Reaction?
  2. How To Make An Allergic Reaction Claim
  3. When Could You Suffer An Allergic Reaction Due To Negligence?
  4. How Much Compensation For An Allergic Reaction?
  5. Why Make An Allergic Reaction Compensation Claim On A No Win No Fee Basis?
  6. Learn More About Allergic Reaction Claims

When Can You Claim For An Allergic Reaction?

The Food Safety Act 1990 is the main legislation in England, Scotland and Wales regarding food. It lays out the responsibilities that food businesses have.

In addition to this, the Food Standards Act 1999 protects the interests of consumers. It requires suppliers to put forward consumable products in a way that allows people to make the best decisions about their health.

In particular, the Food Information Regulations 2014 states in Regulation 5 that a food business operator must make sure a consumer is aware of any allergen in the food. Therefore, at the start of an intention to make an allergic reaction claim for compensation against a restaurant, cafe, pub or food supplier, you need to confirm the following:

  • The food supplier breached legislation. 
  • You can prove you had an allergic reaction as a consequence.

Please contact our advisors for a free assessment of your eligibility. If you have a valid allergic reaction claim against a negligent third party, they could connect you to legal representation to start a claim.

What Allergens Can Trigger An Allergic Reaction?

It’s a legal requirement for businesses that supply food products to give information to consumers if their products contain the following 14 main allergens:

  • Milk.
  • Eggs.
  • Peanuts.
  • Celery.
  • Cereals that contain gluten.
  • Tree nuts.
  • Crustaceans (crab, lobster)
  • Lupin.
  • Fish.
  • Molluscs.
  • Mustard.
  • Sesame.
  • Soybeans.
  • Sulphites or Sulphur Dioxide.

A failure to clearly display a warning on menus and food packaging about these products can be classed as negligence. It may entitle you to seek compensation for an allergic reaction claim if you were made sick as a result. Call the team to discuss.

How To Make An Allergic Reaction Claim

It is essential that you can prove who was responsible when making an allergic reaction claim. With this in mind, the following evidence can be useful:

  • The packaging – If you purchased pre-packaged food, it’s important to keep the packaging it came in which proves the allergen was not clearly indicated.
  • A photograph of the menu – If a restaurant menu fails to indicate the allergen and the food you ordered caused your reaction, get a copy or take a picture of the menu.
  • A video of the restaurant – It can also help to take footage of the food serving area and restaurant interior that proves allergen information was not clearly displayed.
  • Your medical records – It’s important to get copies of all medical information relating to your food sensitivity and treatment received for the allergic reaction.
  • Witness contact details – The testimony of others can be sought at a later date to corroborate your claim.
  • A food sample – A small sample of the food can be sealed in a plastic bag and if necessary put through an allergen test to provide evidence.
  • Keep a diary – Detail your symptoms and treatment.

If you feel confident that you have assembled as much evidence as you can why not get in touch? Our advisors can go through it with you over the phone to see if your claim has potential.

When Could You Suffer An Allergic Reaction Due To Negligence?

Next, we look at some types of negligence. An allergic reaction claim for compensation could be valid because:

  • The food packaging did not clearly label allergens.
  • In the kitchens, cross-contamination occurred due to the lack of adherence to food hygiene standards.
  • Restaurants failed to clearly detail ingredients on their menu.
  • Incorrect ingredients were used in the meal.
  • A restaurant failed to remove an allergen from a dish despite clearly being asked to do so.

Can You Claim For A Fatal Allergic Reaction?

Whilst money can never replace them, you could claim compensation If a loved one suffered a fatal accident because of an allergic reaction. Please get in touch if you would like to know more.

A woman with a food allergy who can't eat eggs

How Much Compensation For An Allergic Reaction?

There are two heads of loss that can considered when trying to calculate injury compensation. General damages compensate for the physical pain and psychological distress caused by the allergic reaction. Including any long-term health impacts and the length of recovery.

As part of the personal injury claims process, it might be necessary to sit for an independent assessment with a medical specialist. Importantly, this creates a medical report which can play a key role in the calculation of what you might be owed. A solicitor can help arrange this assessment at a convenient place and time.

Alongside the medical report, those responsible for calculating general damages may consult publications such as the Judicial College Guidelines (JCG). This lists award bracket guideline amounts for an array of injuries and we’ve compiled an excerpt below as it relates to allergic reaction injuries:

Compensation Guidelines

InjurySeverityAward GuidelinesNotes
Multiple Injuries and Special DamagesSevere Up to £500,000 plusInstances of severe multiple injury and an amount made under special damages for lost earnings, care costs and medical treatments.
Digestive System(b) Damage from Non-Traumatic Injury or Allergic Reaction (i)£46,900 to £64,070Severe toxicosis causing acute pain, vomiting, diarrhoea, fever and hospital admission for several days or weeks.
(b) Serious (ii) £11,640 to £23,430Similar to above but a more short-lived illness over 2 - 4 weeks leaving continued discomfort and bowel disturbance for a few years.
(b) Significant (iii) £4,820 to £11,640Food poisoning or allergic reaction that causes stomach cramps, altered bowel movements, discomfort and fatigue.
(b) Various (iv)£1,110 to £4,820Various levels of disabling cramp, pain and diarrhoea for several days or weeks.
Bladder(a) Total Function Loss Up to £224,790Cases of double incontinence involving both bowel and bladder function loss and other complications.
Bowel(c) Moderate In the region of £97,530Cases of faecal urgency and passive incontinence that persist after surgery.
Chest(b) Traumatic Injury£80,240 to £122,850This award reflects cases of permanent damage, impaired function and physical disability, as well as reduction in life expectancy.
Kidney(c) Serious Impairment£23,270 to £66,920When the kidney suffers impaired control as well as incontinence and some pain.

Please be aware that these are guidelines only and cases always vary according to individual circumstances. Furthermore, the first line on our table does not come from the JCG.

What Are Special Damages?

You might also qualify for the second head of loss called special damages. These cover reimbursements for the financial harm caused by the allergic reaction. Evidence is needed to include a claim for special damages. It needs to prove that you suffered monetary loss or expense because of the allergic reaction. You might have:

  • Wage slips that show a drop or loss in earnings caused by missed work.
  • Medical expenses
  • Proof of prescription charges.
  • Domestic care costs paid to anyone who looked after you.
  • Travel expenses connected to your treatment

Our dedicated team are on hand to answer any questions about general and special damages or any part of the allergic reaction claim process. Connect for free on the number above.

How Long Do You Have To Claim For Allergic Reactions?

The Limitation Act of 1980 states that personal injury claims must usually be made within 3 years starting from the day of the injury. The standard time limits may alter under certain circumstances.

For example, it is paused for claimants who are under 18. The courts may allow for a litigation friend to start their claim instead. Or, the three-year time limit for making a personal injury  claim independently can start from the date of their 18th birthday if no one else makes a claim on their behalf.

The time limit is suspended indefinitely for claimants who lack the mental capacity to launch a personal injury claim themselves. Again, a litigation friend can act for them. Alternatively, the three-year period may trigger from any date that mental capacity returns. Call our advisors to check on your eligibility to claim.

Why Make An Allergic Reaction Compensation Claim On A No Win No Fee Basis?

Our panel of personal injury solicitors are able to help eligible claimants start an allergic reaction claim by using a type of No Win No Fee contract called a Conditional Fee Agreement (CFA). Under such an arrangement the following typically apply:

  • No initial fees apply for the solicitors to start work on your claim.
  • No fees apply for your solicitors’ services going forward.
  • If your claim fails, you don’t need to pay for completed services.
  • The compensation is subject to a small and legally restricted percentage being taken by the solicitors if the claim is successful. This success fee cap means the majority of the award always goes to you.

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An agreement like this could help you start your allergic reaction claim today. Why not find out if an expert personal injury solicitor from our panel can handle it with you?

  • Talk to a dedicated advisor by calling 0208 050 2736
  • Use the discussion window to start a conversation.
  • See if you can claim online.

A client works with experienced personal injury solicitors to claim compensation for an allergic reaction

Learn More About Allergic Reaction Claims

As well as information on an allergic reaction claim, these other guides offer more:

External Resources

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