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Can I Make A Claim For An Allergic Reaction At A Restaurant?

By Cat Way. Last Updated 24th May 2023. Welcome to our guide about claiming compensation for an allergic reaction after eating at a restaurant. No matter how you have sustained an allergic reaction, no matter whether it was a wheat allergy, gluten allergy, or something different if the injury was not your fault you may be entitled to personal injury compensation. This guide provides critical details on how you can ensure you get the amount you deserve. So, read on to find out all you need to know.

Allergic reaction in restaurant

Allergic reaction in a restaurant

Once you have done this, the next step is to find a high-quality solicitor, who can handle your case for you. Legal Expert can assist you with this, as we have an excellent team of experienced No Win, No Fee personal injury solicitors. They will help to make sure you get the compensation you are entitled to. Moreover, you do not need any money to begin your case. You can reach us on 0800 073 8804.

You can also write to us about your case using our claim online form, or chat with us now using the live chat service, bottom right.

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A Guide To Your Rights After An Allergic Reaction In A Restaurant

I had an allergic reaction after eating at a restaurant, what are my rights? If you are thinking about making a personal injury claim for any allergy, whether this is a nut allergy, milk allergy, or something else, one of the first questions you may want answered is how much compensation are you likely to receive? Unfortunately, it is impossible to give you a definitive answer without knowing the ins and outs of your case. Nevertheless, this guide will first help you to determine whether you have a good chance of getting compensation, and then we will provide you with a breakdown of the different amounts in relation to the type of allergy you have suffered. So, keep on reading to find out everything you need to know.

Am I Entitled To Compensation?

Before you can even begin to think about how much money you could be entitled to, you first need to determine whether you have a good basis for a successful claim. Essentially, you need to be able to answer yes to the following three questions:

  1. Did the injury occur because of someone else’s error or negligence?
  2. Did the allergy happen within the last three years?
  3. Did you receive medical attention for your food allergies?

What Is A Food Allergy?

Let’s begin by giving you a food allergy definition. A food allergy occurs when the immune system in your body has a reaction to specific types of foods that can be described as unusual. Most allergic reactions are mild.

However, there have been cases when people have suffered severe symptoms because of a food allergy. Some people have even lost their lives by eating something they were allergic to. Therefore, these cases do differ dramatically in terms of severity. Food allergy testing is available if you suspect you could be allergic to something but you are unsure.

What Are The Most Common Causes And Symptoms Of A Food Allergy?

There are a number of different food allergy symptoms, as people react in different ways. Some of the most common symptoms are as follows:

  • Vomiting
  • Swelling of the roof of the mouth, tongue, lips, around the eyes, and face
  • Raised itchy red rash
  • An itchy sensation inside the ears, throat, or mouth

These are just the most common symptoms. Everyone reacts differently, so this should be considered a loose overview.

What Are The Most Common Food Allergies?

Individuals can be allergic to any type of food. Here are some of the most common food allergies:

  • Egg allergy
  • Celery
  • Dairy allergy
  • Sulphur dioxide
  • Soya
  • Sesame seeds
  • Fruit allergy
  • Nuts
  • Mustard
  • Molluscs
  • Cereal allergy
  • Celery allergy
  • Milk
  • Lupin
  • Seafood allergy
  • Fish allergy

What Can I Claim After An Allergic Reaction In A Restaurant?

If you have suffered an allergic reaction that was not your fault, you will probably be aware of the fact that you could be entitled to compensation. This is the case so long as you have received medical attention and the incident occurred within the last three years.

The latter is relevant because due to the Limitation Act 1980, it’s usually a legal requirement to start a personal injury claim within three years from the date the allergic reaction occurred. If, however, the victim of an allergic reaction is a child, then the three-year time limit does not start until the child turns eighteen. The time limit can also be frozen (at least on a temporary basis) if the injured party does not have enough mental capacity to act on their own behalf.

When a victim is a child or lacks the mental capacity to act independently, they can’t start a personal injury claim on their own. However, such victims could possibly have a claim started on their own behalf by someone close to them who can act as a representative. This individual is known as a litigation friend.

Nonetheless, did you know that you may not only be compensated for your suffering? Individuals who put in a successful compensation claim may also potentially receive money for special damages. This section will provide an insight into what sort of special damages you may be able to claim for if you have sustained any type of food allergy that was not your fault, be it a lupin allergy, mustard allergy, or something different.

First and foremost, it is imperative to establish what special damages are. These are essentially out of pocket expenses. They relate to any costs you have encountered as a result of your injuries. A prime example of this would be the cost of parking every time you visit the hospital. After all, if you had not experienced an allergic reaction, you would not be visiting the hospital at all. Therefore, you can claim for this.

Aside from this, other examples include the likes of childcare costs, accommodation expenses and travel costs. If you have had to pay someone to look after your child whilst in your recovery, or you have needed to use alternative travel options or accommodation, then you can claim for this. Moreover, medical expenses and loss of earnings are also covered. Has your allergic reaction stopped you from working? If so, and you do not get sick pay or you are self-employed, you can claim for this as special damages as well.

To get a better insight into the special damages that are relevant for your case, give Legal Expert a call. We have a free legal helpline available and we will put you in contact with our panel of food allergy claim solicitors who will happily answer any questions you have.

Restaurant Allergic Reaction Compensation Claims Calculator

One thing everyone wants to know, no matter whether they have had a gluten allergy reaction or they have suffered symptoms because of a shellfish allergy, is how much compensation they are going to receive. We certainly do not recommend that you use a personal injury claims calculator, as they are not very accurate. Instead, we have included compensation brackets for injuries typically related to food allergies in the table below.

The compensation brackets are based on those included within the latest Judicial College guidelines. These guidelines may be analysed by solicitors to assist them with working out the value of the physical and mental injuries you are claiming for in your compensation case. The examples of injuries and compensation brackets in the table could potentially cover you for general damages when making your claim.

Injury Severity Compensation
Illness/Damage Resulting from Non-traumatic Injury Severe £36,060 to £49,270
Illness/Damage Resulting from Non-traumatic Injury Serious But Short-Lived £8,950 to £18,020
Illness/Damage Resulting from Non-traumatic Injury Significant Discomfort For A Few Weeks £3,710 to £8,950
Illness/Damage Resulting from Non-traumatic Injury Disabling Pain For Some Days Or Weeks £860 to £3,710
Mental Anguish Fear Of Impending Death/Reduction In Expectation Of Life £4,380
Psychiatric Damage Generally Severe £51,460 to £108,620
Psychiatric Damage Generally Moderately Severe £17,900 to £51,460
Psychiatric Damage Generally Moderate £5,500 to £17,900
Psychiatric Damage Generally Less Severe £1,440 to £5,500

If you cannot find the injury you have sustained in the table above, don’t panic, as you can still make a claim with a personal injury lawyer from our team. They will inform you regarding the payout you are likely to receive.

No Win No Fee Claims For An Allergic Reaction After Eating At A Restaurant

The allergic reaction compensation claims process can seem daunting, but one of our solicitors may be able to help you, provided you have a valid case. Additionally, they may offer you a type of No Win No Fee arrangement known as a Conditional Fee Agreement (CFA).

When claiming with a solicitor under a CFA, you don’t pay any upfront or ongoing fees for their services. You also don’t pay for your No Win No Fee solicitor’s services if your claim fails.

If your claim succeeds, your solicitor takes a small, legally-capped success fee from your compensation award. The percentage they can take as a success fee is capped by the law, which ensures that you keep the majority of what you receive.

To find out if one of our solicitors could help you with your restaurant allergy claim, or to learn more about claiming compensation for an allergic reaction, contact our team of advisors today. If they find your claim to be valid, they may connect you with one of our solicitors.

Contact Our Team Of Experts Today

Are you ready to make a claim? If so, the only thing you need to do is dial our team on 0800 073 8804. This helpline number is open seven days per week, so you can call at any time that is convenient for you.

You will speak to one of our friendly advisors, and they will happily answer your queries and get the claims process rolling for you. Furthermore, you can contact us on our website in a number of ways. This includes via email, live chat, and through entering your details for us to call you back.

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    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.