Food Allergy Compensation Claims Guide – How To Claim Compensation? – Calculate Amounts
By Mary Mariot. Last Updated On 29th April 2022. Welcome to our guide on making food allergy compensation claims.
Being involved in an allergy injury or allergic reaction food accident can be a scary, stressful and upsetting experience. It doesn’t matter how major or minor your injuries are, the trauma of such an event can leave an impact. And, of course, if you have suffered a severe injury you will have a long road ahead of you. It’s a devastating scenario. And, while compensation cannot make the incident disappear, it can give you the financial support you need during this period.
Keeping that in mind, in this guide, we are going to take a look at how to make an allergy compensation claim, in particular. From a nut allergy to a soy allergy, if you have had an allergic reaction and you believe someone else is to blame, you could make a case for a payout. But, why should you make a personal injury claim?
- Support during the recovery phase – Why should you have to suffer because of an incident that was not your fault? Compensation is designed to give you the money you need to help you through the recovery phase. You should not have to fund this yourself.
- Assistance with loss of income – A lot of people suffer a loss of income because they are unable to work while they recover. You will be compensated for this when you make a claim, to ensure you and your family do not suffer from the lack of
- Compensation for out of pocket expenses – There are lots of additional costs that can arise when you have been injured. This ranges from medical costs, to counselling expenses, to the cost of adapting your accommodation. Again, you will be able to claim for these as special damages.
- Peace of mind – These incidents impact everyone differently. Some people question themselves and wonder if they were to blame. Others reply the incident in their head over and over again. A successful claim can help you to draw a line on the incident and move forward with your life, which can only be a good thing.
If you have been the victim of an accident that was caused by someone else, and you want to make a food allergy claim, get in touch with Legal Expert today. We will help you to get the full amount of compensation you deserve.
You can reach us on 0800 073 8804, fill out one of our contact forms, or simply use our live chat feature below. However, before you do, make sure you continue reading to find out more about launching a food allergy compensation case.
Select A Section
- A Guide To Food Allergy Compensation Claims
- What Is A Food Allergy?
- What Can Cause A Food Allergy?
- What Food Can Cause An Allergic Reaction?
- What Steps Do Businesses And Restaurants Need To Take To Protect Customers And Staff From Allergens?
- How Should Businesses Manage Allergens And Notify Customers?
- Types Of Food Allergies
- What Are The Common Symptoms Of A Food Allergy?
- What Are The Symptoms Of A Severe Allergic Reaction Or Anaphylaxis?
- When Am I Eligible To Claim And Does It Affect My Claim If I Did Not Inform People Of My Allergy?
- Proving Negligence And Liability In Food Allergy Compensation Claims
- Wrongful Death Due To A Food Allergy
- What Can My Food Allergy Lawsuit Settlement Include Damages For?
- Food Allergy Compensation Calculator
- No Win No Fee Allergic Reaction Compensation Claims
- How To Get Legal Advice From Our Experts
- Contact Legal Expert Today
- Further Helpful Guides And Contact Information
Every year, more than three million people are injured in accidents throughout the United Kingdom. In a lot of these cases, the injured party is entitled to compensation. If you are wondering whether you should use the services of accident lawyers for your food allergy compensation claims, please read on for some key advice.
- Who caused the accident? The first thing you need to look at is who is to blame for the incident. You certainly won’t be able to make a claim for allergic reaction compensation if you caused the incident. You need to prove that someone else made an error or acted negligently and that this then resulted in your injuries. What happens if you were partially to blame? There is a chance that you could still be entitled to compensation, however, the sum will be lower to reflect your involvement.
- Did you see a doctor for your injuries? It is imperative that you have seen a doctor, no matter how minor your injuries may seem. Your doctor will put together a medical report, which will serve as proof of the injuries you have suffered while also documenting the recommended course of treatment. This will then be used to decipher how much compensation you are going to receive. Without this medical report, how are you going to prove that you were injured in the first place? You certainly won’t be awarded compensation simply because you say that you were hurt.
- When did the accident occur? Last but not least, the date of the incident is crucial because all personal injury claims have a three-year deadline. This begins from the date of the accident. If you have suffered from an injury that has taken a while to develop, you will have three years from the date of your diagnosis instead. This is not usually the case for food allergies, though, as most reactions are instant.
Now that you have a good understanding regarding whether or not you have the basis for a food allergy negligence UK claim, continue reading this guide to find out everything you need to know about making one. This includes details on specific allergies, for example, a fish allergy or egg allergy, as well as advice on how to make food allergy compensation claims.
A food allergy occurs when the immune system reacts in an unusual manner to a specific type of food. Most allergies are mild, yet some can be serious. You can have a dairy allergy, shellfish allergy, or something as specific as a celery allergy.
According to the NHS, 1 in 4 of us suffer from allergies. Though symptoms can be relatively minor, others can be extremely serious, resulting in anaphylaxis. One of the most common food allergens is peanuts, with AllergyUK estimating that around 2% of people suffer this allergy.
In 2017, a government report indicated that around 2 million people in the UK were living with a food allergy, with a staggering 600,000 of them suffering from coeliac disease (gluten intolerance). They also found an average of 10 deaths per year as a result of food allergy reactions.
If you suffer an allergic reaction as a result of third-party negligence, you could be able to claim compensation for the suffering that their failings caused you. To learn more about food allergy compensation claims, please continue reading.
Food allergies happen when the immune system mistakenly treats certain proteins within food as a threat. This causes a number of different chemicals to be released. Almost any food can result in an allergic reaction.
As mentioned, any type of food can cause an allergic reaction. However, there are some foods that are more common causes of such reactions.
For adults, these foods include:
- Fruit allergy
- Tree nuts
Whatever type of food allergy you suffer from, if you experienced a reaction as a result of third-party negligence, you could be entitled to make food allergy compensation claims. Please read on to learn more.
What Steps Do Businesses And Restaurants Need To Take To Protect Customers And Staff From Allergens?
Can you sue a company for an allergic reaction? Yes, so long as you can prove that the business in question has failed to protect you from allergens, you could establish grounds for food allergy compensation claims.
You can also seek food allergy workers compensation if you have been working for a restaurant or another type of business and they have failed to protect you. Some of the critical steps a restaurant or business should take are as follows…
- Handle and manage food allergens sufficiently
- Provide allergen information to the consumer for both non-prepacked and pre-packed drink and food
The Food Standards Agency guidelines provide complete information for any business involved in food preparation or sales. You can see how employees should manage these ingredients/allergens to ensure people are not exposed to them.
There are three main types of food allergies. These are as follows:
- IgE-mediated food allergy – This is the most common type. It happens when the immune system produces immunoglobulin E, which is an antibody.
- Non-IgE-mediated food allergy – This type of food poisoning is caused by other cells in the immune system.
- Mixed non-IgE and IgE-mediated food allergies.
What are 3 symptoms of a food allergy? We often get people asking us questions like this regarding food allergy compensation claims, so let’s take a look at some of the main symptoms:
- Hay fever-like symptoms
- Abdominal pain
- Feeling sick
- Feeling dizzy
- Shortness of breath
- Difficulty swallowing
- Swelling of the throat, mouth, face, or other areas of the body
- Raised, itchy red rash
- Itching or tingling in the mouth
If you have never heard of anaphylaxis before, this is a severe allergic reaction. In most cases, the symptoms will be similar to those listed above. However, they can then get worse, and quickly so, causing the following:
- A sudden and sharp drop in blood pressure
- Rapid heartbeat
- Intense and sudden feeling of fear and anxiety
- Increased breathing difficulties
The more severe reaction you suffered, the larger payout for food allergy compensation claims you’ll likely be able to get. For more information, please read on.
There are many different situations that can lead people to require the services of accident lawyers. Are you wondering whether you should make food allergy compensation claims? If so, read on for the answers you are wondering, “Should I make a claim?”
- Establishing responsibility – One of the most critical things you need to do when it comes to any type of claim is to establish who is to blame. If you are to successfully secure compensation you need to show that someone is responsible for your woes, either by an error or negligent actions. If you caused the accident you certainly will not be eligible to claim, after all, you cannot seek compensation from yourself. You may be entitled to a small payout if you were partially involved. The best thing to do in this instance is give our helpline a call to discover more, as we will be able to give you more specific advice once we know the specifics of the incident and how you were partially responsible.
- Medical attention – Did you see a doctor for your injuries? This is vital if you want to have any chance of a successful compensation claim. When people suffer minor injuries they are often tempted to bypass a trip to the hospital, but if you do this you are only going to wreck your chances of getting compensation. This is because the medical report your doctor puts together is the key piece of evidence that is used to determine how much compensation you are going to receive.
- Time limit – Last but not least, the final piece of the jigsaw when it comes to making a successful claim is ensuring the incident occurred within the past 3 years. This is the personal injury claims time limit on all personal injury cases. The only exceptions relate to injuries that develop over time, making it impossible to pinpoint an accident date. This is usually only the case when it comes to workplace accident claims, not food poisoning.
Claimants and solicitors will need to establish that a business has been negligent, either in food preparation, or in not displaying appropriate and legally required warning signs.
To establish liability for food allergy compensation claims, your personal injury lawyer needs to show the following:
- The claimant has consumed food that had a known allergen in it
- The appropriate allergy warning was not given by the establishment
- The claimant consequently suffered an allergic reaction
There are cases where someone might suffer a severe allergic reaction that causes them to experience fatal harm as a result of negligence.
If a loved one has lost their life because of a food allergy, you may be able to make a claim on their behalf. For example, you must meet the relevant criteria as per the legislation in place which includes the Fatal Accidents Act 1976.
Additionally, to make a valid claim for wrongful death on behalf of someone else, you will need to establish the facts. This includes proving that the defendant has breached their duty of care, and that has caused allergies that have resulted in death.
Our solicitors have experience in food allergy claims. They can support you throughout the claims process and help you gather the evidence needed to strengthen your claim. You can call us on the number at the top of the page, chat with us using the live feature or fill out the form on this page.
No matter what sort of food allergy incident you were involved in, if you are planning on making food allergy compensation claims, one key thing you will want to know is how much money you could receive. In this section, we are going to prove you with information on working out your compensation claims value. Keeping that in mind, read on to discover everything you need to know.
One of the vital things you need to recognise is that compensation, whether nut allergy compensation, allergy immunology compensation, or anything else, is split up between general damages and special damages.
The former is the money you will receive to compensate you for your injuries. This is designed to help you through the recovery process. It is calculated based on the medical report that will have been provided by your doctor.
This report states your injuries, the extent of your suffering, the impact your injuries are going to have on the rest of your life, and the recommended course of treatment. We will explain more about special damages below, as this is the part of the compensation that a lot of people are not aware of.
Special damages are the compensation you will receive to cover any out of pocket expenses you have encountered because of your injuries. To illustrate this better, we are going to give you some examples of the more often seen/ common types of special damages below.
Medical costs – Let’s start with the most obvious; if you have been injured, then it is highly likely that you are going to have medical costs in the form of prescription and treatment expenses. You will, of course, be able to claim for these.
Travel expenses – This can include everything from travelling to and from the hospital every day to using alternative transport to get to work because you are unable to drive.
Loss of earnings – A lot of people suffer a loss of income when they have been injured because they are unable to work during the recovery process. If this has happened to you, you will either need a letter from your employer or proof of your earnings in previous months if you are self-employed.
Childcare expenses – Last but not least, if you need to hire someone to look after your kids while you recover, you will be able to claim for this as well.
No matter what type of accident you have been involved in, if you are planning on making food allergy compensation claims, you will obviously want to ensure you get the maximum amount you are entitled to. When it comes to making any type of case, this compensation is split into two parts – you have general damages, which is the money you receive to compensate your injuries, and you have special damages, which is the sum you will receive to compensate any financial losses.
There are a couple of things you can do to make sure you get the maximum compensation possible. This includes:
Claim as soon as you can – The sooner you claim, the better. Firstly, there is a three-year time limit on all personal injury claims. Three years may seem like a long time. However, this time frame must account for court proceedings. Not only this, but the sooner you claim, the quicker and easier it will all be. If you leave it for 2 years, can you be sure that you will remember everything as well? Will you still be able to get a hold of your witnesses?
Keep proof of all costs related to the incident – A lot of people miss out on a considerable sum of compensation because they do not keep a hold of receipts and any other documents that prove the costs they have encountered because of their injuries and the accident. This includes the likes of travel costs, hospital parking fees, counselling costs, prescription expenses, the cost of treatment, loss of income, and childcare expenses. You can claim for all of these, but you are going to need proof to do so.
The allergic reaction compensation amount will depend on a couple of factors. For instance, the food allergy settlement you receive following a successful claim will include compensation for the pain and suffering experienced by the deceased. The amounts in the table below are from the Judicial College Guidelines. They only serve as guides and may not determine the amounts you will receive following a successful claim.
Injury Details Payout
Illness/Damage Resulting from Injury (Non traumatic), e.g. Food Poisoning Varying levels of disabling pain, cramps and diarrhoea. £860 to £3,710
Illness/Damage Resulting from Injury (Non traumatic),, e.g. Food Poisoning Significant fatigue, change of bowel functions, cramps, and discomfort. Symptoms lasting for a few weeks. £3,710 to £8,950
Illness/Damage Resulting from Injury (Non traumatic),, e.g. Food Poisoning Serious but short-lived food poisoning. £8,950 to £18,020
Illness/Damage Resulting from Injury (Non traumatic), e.g. Food Poisoning Severe toxicosis resulting in diarrhoea, fever, serious sharp pain and vomiting. £36,060 to £49,270
Mental Anguish Fear of impending death. £4,380
Less Severe Psychiatric Damage Affect on sleep and daily life. £1,440 to £5,500
Moderate Psychiatric Damage Marked improvement with trauma. £5,500 to £17,900
Moderately Severe Psychiatric Damage Significant problems with trauma, resulting in permanent disability preventing return to work. £17,900 to £51,460
Less Severe PTSD Virtual full recovery made in regards to trauma with minor symptoms persisting. £3,710 to £7,680
Death (B) Excruciating pain. unconsciousness after 3 hours. death two weeks later. £9,870 to £10,010
Death (C) Immediate unconsciousness. death occurring after six weeks. £3,530 to £4,120
There is only one place to begin when looking for a personal injury solicitor to work with on food allergy compensation claims, and this is with the advice that you simply must go for a No Win, No Fee service. You have many different options to choose from when finding the best solicitor, and while aspects such as experience and reputation are vital, a No Win, No Fee payment agreement is extremely beneficial.
This agreement means that you will not need to pay any legal fees if for some reason the solicitor does not win compensation for you. This minimises risk by a huge amount because it ensures you do not end up in a scenario where you have spent large sums on legal fees and then you have missed out on compensation as well. This is a position that many people could not afford to be in.
If you are looking for advice on using a solicitor to help make food allergy compensation claims, there is only one thing you need to be aware of, and this is the service we provide. Here at Legal Expert, we lead the way, which is why we have a reputation as one of the best law companies in the whole of the United Kingdom. Continue reading to find out everything you need to know about our service.
We have built our reputation based on four key principles, which are integrity, accountability, dependability and reliability. You can be confident that you will always experience this when you use our service, and we don’t simply expect you to take our word for it. Why not see what our customers have had to say? You can read reviews by browsing our website, and we are sure this will give you the peace of mind you need. We recognise that compensation claims can be daunting, and you wish to choose a solicitor with care to ensure you secure the compensation you deserve, but you won’t regret choosing our service.
We have a long and successful history in the industry. We were established many years ago, and since then we have helped an unbelievable number of personal injury victims to get the compensation that they deserve. You can rest assured that we will have worked on cases similar to yours in the past.
However, despite all of our experience and our reputation in the sector, a standout reason why so many people use our service is because of the assurance of a No Win, No Fee payment agreement. All of our solicitors work on this basis. This means you will only need to pay legal fees if your case is a success. This minimises monetary risk by a significant degree while also ensuring you don’t need to make a huge upfront payment to get the case started.
If you have any further questions, please do not hesitate to get in touch. Ring on our helpline number and you will be able to speak with one of our friendly and experienced advisors, who will do all they can to give you the assistance you require, and they will match you to the best solicitor for your case should you wish to proceed and make a claim.
Food allergy compensation claims FAQs
Can I claim compensation for an allergic reaction?
You can. However, you must also be able to prove that the allergic reaction occurred due to someone else’s negligence. Restaurant staff have a duty of care to keep their customers safe.
They can uphold this duty by taking all reasonable steps to make sure the risk of a customer’s health being affected is kept as low as possible.
For example, if you tell a member of the waiting staff that you have an allergy to a particular ingredient, they must pass this information on. In turn, the chef must then ensure the food can be prepared safely, or they may even refuse service due to safety concerns.
Get in touch if you have any questions regarding your eligibility to receive compensation.
How do I sue for food allergies?
There are various instances where you could have experienced an allergic reaction, such as in a restaurant, café, or another venue. In these instances, your claim could be against the person who was in control of the public space if they acted negligently. You should inform them that you intend to do so.
Any evidence of the venue’s negligence could help to support your claim. So, try to gather as much as you can.
Seeking legal help can make the process of making a claim easier to understand.
What is a food allergic reaction?
Food allergies develop as a result of the immune system mistakenly treating certain proteins within certain foods as a threat to the system. This causes a number of different chemicals to be released and triggers what we know to be allergy symptoms.
What is the most serious case of food allergy?
Anaphylaxis is one of the most severe reactions that someone can experience due to a food allergy. In some cases, it could lead to death. Some people who are at risk of suffering from such an extreme reaction may carry with them an adrenaline auto-injector. This is also known as an EpiPen.
How common are food allergies UK?
According to the NHS, 1 in 4 of us suffer from allergies
Do restaurants have to provide allergen information?
According to UK law, any known allergens must be clearly denoted by restaurants in their menus. If they fail to do so and you suffer an allergic reaction as a result, you could be able to make a claim against them.
Can you sue a company for an allergic reaction?
If a company fails to uphold their duty of care to you and you suffer an allergic reaction as a result, you could be able to establish grounds for a personal injury claim against them.
How do you establish liability?
If you suffered an allergic reaction and believe a company was to blame, here’s how you could typically establish liability:
- The company owed you a duty of care
- The company failed to uphold their duty of care
- You suffered an allergic reaction as a result
How can a No Win No Fee agreement help?
No Win No Fee agreements were designed to eliminate the financial risk typically involved in making a claim with the help of a solicitor. As part of these agreements, you don’t rack-up any upfront or hidden fees and you’ll only be required to pay your solicitor if they win your case.
Where can I find a personal injury lawyer?
As our panel of personal injury lawyers works remotely, communicating via email, telephone and otherwise with their clients, you can work with them from wherever you are. Therefore, if you’re looking for legal help, please don’t hesitate to get in touch with us today.
How do I get in touch with Legal Expert?
Please see the following section for ways to contact our team today.
We hope that you have found this food allergy compensation claims guide helpful in your quest for more information about making a personal injury claim.
However, if you have any more queries, just ring 0800 073 8804. You can also ring us if you are ready to start the claims process. Plus, there are plenty of other ways to get in touch too. This includes using our live chat feature, as well as sending us an email.
- FSA Site – Link to the Food Standards Agency
- FSA Resources – Link to the Food Standards Agency resource
- Restaurant compensation claims – Find out the information you might need on restaurant claims.
- Wedding food poisoning? – Poisoned at your wedding or someone else’s? Find out more about claiming.
Other Claims We Could Assist With
- How to sue a restaurant for a food allergy in the UK
- Harmed by negligence in a nursing home
- Cruise ship accident claims
- Do most injury solicitors charge a 25% success fee?
- Child accident claims
Thanks for reading our food allergy compensation claims guide.