How To Make An Allergic Reaction Compensation Claim – Free Legal Advice Guide To Allergic Reaction Compensation Claim
There are many different allergies that people have to deal with every day of their lives. From nut allergies to egg or milk allergies the list is quite long, and it means that those affected have to be very careful and selective any time they buy food or other products that could affect them.
This guide is going to explain when you may be entitled to allergic reaction compensation if somebody else is to blame for the allergic reaction, how to claim using a no win no fee service and the types of compensation payments that can be made in such instances.
Legal Expert are specialist personal injury solicitors who have an experienced team who can help with allergic reaction compensation claims when someone else was to blame. If you’d like to begin a claim with us, then please call us today on 0800 073 8804.
If you’d like to know more then please carry on reading this useful guide which will provide you with all the information you’ll need.
Select A Section
- A Guide To Allergic Reaction Compensation Claims
- What Is An Allergic Reaction
- Common Allergies Which People Could Suffer From
- Less Common Types Of Allergic Reaction
- Symptoms Of Allergic Reactions
- Allergic Reaction Compensation Claims We Can Help You Make
- Food Allergy Compensation Claims
- Nut Allergy Compensation Claims
- Hair Dye Allergy Injuries
- Laser Hair Removal Allergic Reactions
- Hay Fever And Allergies In The Workplace
- Allergic Reactions To Beauty Treatments
- Can I Claim Compensation From A Landlord For Dust Mites – What Is Their Responsibility?
- What Damages Can I Claim Compensation For After An Allergic Reaction?
- Allergic Reaction Compensation Personal Injury Calculator
- No Win No Fee Allergy And Allergic Reaction Claims
- Why Make Your Allergic Reaction Compensation Claim With Us?
- Contact Legal Expert Today
- Additional Resources
A Guide To Allergic Reaction Compensation Claims
There are numerous types of allergies that people suffer from and while many people experience mild symptoms, some cases have led to serious conditions and even fatalities. There are some common allergies which you may of heard of and some, such as hair dye allergies, soy allergy, lupin allergy and mustard allergy which are less commonly talked about.
Food and product labelling regulations are in place that should highlight any possible allergens to customers before they buy food products but when the labels are incorrect or missing it can lead to an allergic reaction.
If you suffer an allergic reaction because a product’s labelling didn’t highlight the fact that it contained an allergen, then you could claim compensation against the company that sold the product to you.
This guide will cover the common types of allergies that people have to deal with, what causes allergic reactions, the types of compensation claims that can be lodged, how our no win no fee service works and what compensation amounts may be available.
What Is An Allergic Reaction?
An allergic reaction happens when the body’s immune system decides that the allergen as though it’s a harmful substance. In effect the body has decided that a certain substance is bad for the body and wants to get rid of it.
Some allergic reactions have a minor, if somewhat irritating, effect on the body such as sneezing but some are much more serious which we’ll explain later in this guide.
Common Allergies Which People Could Suffer From
While some people don’t suffer from any allergies at all they are estimated to cause problems for 1 in 4 of us. Mostly, the common allergies, have mild symptoms and don’t cause anything other than an irritation but others cause great suffering.
Some of the more common types of allergies include:
- Chemical allergies – these can be caused by allergens found in products like soaps or shampoos.
- Medicine allergies – whenever you buy products from a pharmacist you may be asked if you’re allergic to as some people suffer from aspiring, antibiotic or ibuprofen allergies.
- Food allergies – these are very common. Some types of food allergies include nuts, dairy, fruit, shellfish and eggs allergies.
- Insect stings – there are lots of stories in the press that highlight the danger of insect stings to some people.
- Dust mite allergies
- Hay fever – this is a very common allergy that can affect people at different times of the year when grass and tree pollen is prevalent.
- Mould allergy
This is just a sample of the more common allergies that can lead to a compensation claim so don’t worry if yours isn’t listed as we can still help. Please call our team to discuss when you’re ready to begin a claim.
Less Common Types Of Allergic Reaction
There are some less-common allergies that still can have a devastating effect on people who suffer from them and, if they’ve been caused because of someone else’s negligence, can still lead to a claim for compensation. These include:
- Hair dye allergies – If you’re allergic to chemicals in hair dyes you may experience blisters, itchiness and swelling of the face or scalp, stinging, burning, swollen hands, eyelids or lips and a red rash.
- Latex allergy – Latex is commonly used in rubber gloves and condoms but also in a lot of medical products and instruments. It usually develops over a period of use rather than the first time and can lead to itching, swelling, redness and eczema.
- Lupin Allergy – Lupin is in the same family as peanuts and most people don’t have any problems eating it but it can lead to mouth blisters, breathing difficulties asthma symptoms.
- Sulphur dioxide allergies – sulphites found in drinks and food (usually as a preservatives) can cause those with asthma to suffer.
There are too many types of allergic reactions to list here but Legal Expert are able to help with any type when the claimant hasn’t been informed that a product contained the allergen either via the product labelling or verbally.
Symptoms Of Allergic Reactions
The symptoms of an allergic reaction usually happen within minutes of exposure to the allergen and mostly mild, but some can take a few hours to develop and cause serious symptoms.
According to the NHS, the most commonly seen symptoms of allergic reactions include:
- Itchy or watery eyes
- Sneezing and a blocked or runny nose
- Swollen lips, eyes, face or tongue
- Dry skins, with cracks and redness.
- Nausea, vomiting, diarrhoea or general stomach pain
- Shortness of breath, wheezing or coughing
Some very severe allergic reactions can lead to anaphylaxis (or anaphylactic shock) which is the type of reaction associated with fatalities caused by allergies.
Symptoms of anaphylaxis are:
- Blue lips and or skin
- Breathing difficulties
- Swelling in the mouth and throat (causing breathing difficulties)
If any of these symptoms exist or you suspect anaphylactic shock, then medical treatment should be sought immediately via 999 emergency services. If you are experienced in using one, then an adrenaline auto-injector can be used at the first signs of anaphylaxis.
Allergic Reaction Compensation Claims We Can Help You Make
In the next few sections we’ll explain some of the most common allergic reaction compensation claims we deal with. It is important to note however that we can help with claims not listed here as well so if you don’t see an allergic reaction that you’ve had listed, please call us to discuss your individual case.
Food Allergy Compensation Claims
We can help with food allergy claims that have happened in a restaurant, bar, fast food outlet or even for takeaway food bought in a supermarket or coffee shop and could be caused by insufficient labelling or cross contamination where food is stored or cooked in the same place as an allergen has previously been used.
Common food allergies include:
- Nuts (see below)
Other allergies involving food exist and if any allergen is used in the preparation or as an ingredient in a meal then the product or menu should clearly indicate that this is the case. If the allergen isn’t highlighted, then you may have a valid reason to claim compensation against the company that sold you the product.
Nut Allergy Compensation Claims
Nut allergies are one of the most common type of food allergies seen in the UK and can lead to very serious symptoms which can result in hospital treatment and, unfortunately, fatalities.
Those suffering with nut allergies are very cautious about what food they eat and have to check the ingredients of any product very carefully before purchasing.
The cases that usually lead to compensation claims are where the nut ingredient isn’t listed or the product that has led to the reaction didn’t contain nuts but was cooked or prepared in a place where nuts had previously been used. It can only take a very small trace of nuts to trigger an allergic reaction.
We have written a much more comprehensive guide to peanut allergies which may useful to you if you’re considering claiming compensation for this type of illness.
Hair Dye Allergy Injuries
Hair dye injuries can happen to first time hair-dyers or long term users and can result in symptoms including: itching, burning, swelling (face, neck, eyes, back and hands), bald patches or hair thinning and general pain.
There are some ingredients used in hair dyes which have been highlighted as possible causes of allergic reactions such as Para-phenylenediamine or PPD which is a chemical that is banned from being used on the skin but acceptable in hair dyes that don’t touch the scalp.
If you suffer from a hair dye allergic reaction you should seek medical advice, get any treatment required and ensure that you keep hold of the product packaging, receipt and photograph your injuries as this could all be used as supporting evidence in any claim.
Laser Hair Removal Allergic Reactions
Laser hair removal is a fairly common routine these days with people often having hair reduced on their legs, upper lip, chin, armpits and bikini line. In most cases the treatment is successful, and the results are as expected.
In some cases though, side effects above and beyond the normal itchiness and redness can occur such as swelling and bruising. Also, a different type of claim could be raised if thee is any burns or scarring caused by the treatment.
Hay Fever And Allergies In The Workplace
Allergies caused, or that happen in the workplace, can be complex cases to determine and it is recommended that you use a specialist personal injury lawyer, like Legal Expert, to determine the employer’s responsibility for your condition.
It has been argued, in some cases, that somebody with an allergy could be classed as disabled under the Equality Act 2010 (which means the employer would need to make changes to the workplace) but this is quite difficult to determine.
An employer could be expected to make reasonable adjustments for an employee with an allergy such as moving them to a different location, changing the role of the employee or providing special equipment to mitigate the cause of an allergy. This could simply be something like replacing latex gloves with an alternative.
Allergic Reactions To Beauty Treatments
Any beauty treatment, whether applied by a beauty professional or bought over the counter at home could lead to an allergic reaction.
These could include itching, swelling, burning, hair loss and other similar symptoms and could be caused by any beauty product including lipsticks, shampoos, perfumes or hair treatments.
The main reason for making compensation claim would be that there was no warning of the possible side effects or that the product contained a particular ingredient which, had you known, you’d have avoided.
Can I Claim Compensation From A Landlord For Dust Mites – What Is Their Responsibility?
Dust mites are tiny and found in every property, especially found in bedding, pillows and other soft furnishings. They can cause problems for people with asthma and eczema, but can compensation be claimed from a landlord if you suffer an allergic reaction?
Essentially, as dust mites are found in every property the answer would probably be no if you’ve lived in the property for a fair length of time. They can be controlled with proper vacuuming of the property and would probably be the tenant’s responsibility to keep the property tidy.
However, if a property has a damp problem, which has been reported to the landlord, but not been remedied then this can increase the population of the mites and worsen the allergic reaction. In this case it could be possible to make a claim against the landlord for not fixing the problem that had been reported to them.
What Damages Can I Claim Compensation For After An Allergic Reaction?
There are a number of different parts of any compensation claim can include. Each element will either be for a financial loss incurred because of the allergic reaction or for the actual pain and suffering caused. The parts of a claim that your solicitor will make are:
- General damages: this is the part that deals with pain and suffering. There are a range of values agreed so the solicitor has to show how severe your injuries were by providing medical evidence and records.
- Care costs: If you require help while you’re recovering from your reaction then you can include the costs of this care.
- Travel costs: These could include the cost of travelling to and from any medical appointments you have to attend caused by your allergic reaction.
- Medical costs: Costs for prescriptions or other over the counter treatments can be claimed back, receipts should be kept as evidence.
- Loss of earnings: If you have to take unpaid time off from work while you’re either receiving treatment or recovering from your reaction then this could be included in the claim. In the case of a fatal allergic reaction, where the claimant was the main bread winner in the family, it could be possible to gain a high compensation pay out to cover the future loss of earnings.
Allergic Reaction Compensation Personal Injury Calculator
You may have read about personal injury claims calculators online but, to be honest, there’s no such thing as each and every case is pretty much unique. Once we’ve spoken to you and understand the exact details of your claim, we can provide an estimate of how much compensation your claim could be worth.
That said, the General Damages element of a claim, is pre-defined and so the table below shows what range of amounts certain symptoms could be paid:
|Type Of Injury||Specific Details||Range of Compensation Payments|
|Allergy caused by food||Severe toxicosis that result in diarrhoea, sickness, fever and serious acute pain.||£33,700 to £46,040|
|Allergy caused by food||Very significant tiredness (fatigue), cramping of the stomach, alteration of bowel function, and discomfort lasting for a few weeks.||£3,460 to £8,360|
|Allergy caused by food||Serious food poisoning that was short lived||£8,360 to £16,830|
|Minor Injuries||An injury caused by an allergic reaction with full recovery occurring within 3 months||£1,200 to £2,150|
|Minor Injuries||An injury caused by an allergic reaction with full recovery occurring within 28 days||£600 to £1,200|
|Minor Injuries||An injury caused by an allergic reaction with full recovery occurring within 7 days||£200 - £600|
As we mentioned, every case is different and it’s up to us to provide medical evidence that shows the exact severity of your injuries. Our solicitors are specialist personal injury solicitors so know what medical evidence is required to back up our claims.
No Win No Fee Allergy And Allergic Reaction Claims
No win no fee agreements remove a big barrier, for a lot of people, to making a compensation claim. Prior to no win no fee you’d have to pay your solicitor an hourly rate. If they won the case then you got compensation and their fees were paid but if they lost the case, you’d still be left with a large legal bill but no compensation.
With our no win no fee service you never actually have to send us any money at all. We sign an agreement with you that specifies what fee we’ll charge if we win the case (a percentage of your compensation). If we’re successful, then once the compensation is paid, we retain our agreed fee and send the rest of the compensation direct to you.
Why Make Your Allergic Reaction Compensation Claim With Us?
As we’ve mentioned previously, our team only deal with personal injury claims and have the expert knowledge to help with your claim. We know what is needed, and what isn’t, to compile a strong case on your behalf.
Contact Legal Expert Today
Now that you’ve read this guide, if you’re ready to claim compensation for your allergic reaction and want Legal Expert to act on your behalf you can get in touch by:
- Telephone: Call our specialist advisers on 0800 073 8804 for free today
- Email: Send a message to email@example.com and we’ll get back in touch at a suitable time.
- Live Chat: Our advisers are also available via live chat, 7 days a week.
- Online: We’ve got an easy online form to fill in that will start your claim.
Whichever route you take in contacting us, we’ll begin your claim with a free consultation where we’ll listen to you, assess your claim and provide an honest opinion on how we rate your chances of making a successful claim for your allergic reaction.
Hopefully, this guide has provided enough information for you to decide if you would like to claim compensation or not but here are some more useful guides and articles that could help further:
Allergic Reactions Guide – a guide by the NHS that shows how allergic reactions are diagnosed, treated and methods used to prevent them occurring.
Allergen Advice – A guide by the Food Standards Agency on how business should deal with allergens including preparation and labelling.
Food Allergy Claims – Our guide specifically around allergic reaction caused by food and how to make a claim.
Restaurant Allergic Reaction – Another of our guides, this one covers allergic reactions caused by restaurants.