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Gluten Allergy And Intolerance Claims Guide – How To Claim Compensation For A Gluten Allergic Reaction Injury

Gluten allergy claims

Gluten allergy claims guide

By Marianne Herondale. Last Updated 19th April 2022. Welcome to our guide on gluten allergy claims. This is a full guide to the process of making a gluten allergy compensation claim. Gluten allergies are not new, but it is only in recent years that doctors have come to understand them better. In this guide, we look at how you could claim for an illness caused by a gluten allergy.

This guide also talks about how gluten/wheat allergies can be identified and what actions are worth following if you have such an allergy. We’ll also discuss potential compensation amounts if you choose to start a personal injury compensation claim for a gluten allergy. We’ll also explain how we can assist with this type of claim on a No Win No Fee basis.

If you or someone close to you has a gluten allergy, then learning more about this condition is valuable. Gluten can be found in a vast range of food products, including packaged food items. If triggered, a gluten allergy can cause a range of symptoms including significant abdominal pain. In the most severe cases, triggering the allergy can even prove life-threatening.

You are bound to have some questions once you have finished with this guide, and we are here to help. Speak to one of the Legal Expert team at 0800 073 8804 to have them answered. You can also contact us through our claim online form.

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A Guide To Claims For Gluten Allergic Reactions

On the page below, you are going to find all of the advice and information you will need to learn why you might have a reason to make a claim, who might be liable to pay you compensation, and how to start your claim. As long as you are making your claim within the three-year personal injury claims time limit, then a lawyer may be able to process it for you.

This guide begins by looking at the key facts related to gluten allergies, such as exactly what they are, and a discussion of allergy vs intolerance. Coeliac disease is also covered. We go over the symptoms of this condition, and how it is diagnosed.

We then move on to a few sections that cover dealing and living with a gluten allergy or intolerance, and some best practices for managing your allergy. The next sections cover the effects of eating the wrong foods, and also how a bad gluten allergy reaction can lead to full anaphylaxis.

The final sections of the guide cover the claim itself. You will find out what types of damages you may be able to claim, and also how much you could be able to claim. Finally, we will introduce the claims service that Legal Expert offers to people all across the UK. A financially risk-free and very simple way for you to have your claim processed. Give us a call on the number at the end of the guide and speak to one of our team, they will explain this service in more detail.

What Is An Allergy Or Intolerance To Gluten?

A basic definition of a gluten allergy is that the person is allergic to the gluten that is found in rye, wheat and barley. These are, of course, very common staple crops, that are the ingredients for common foods such as bread.

Around 1 in 100 people are negatively affected by some level of gluten intolerance. For most people, it is a manageable medical condition as long as they stick to a gluten-free diet.

Living with a gluten allergy or intolerance is a life-changing medical condition, that will prevent you from enjoying many foods, and making a trip out to eat with friends a stressful and potentially dangerous event. If you come to harm due to an allergic reaction, and you had checked with the food vendor that there was no gluten content initially, then they would be liable for compensation.

Here at Legal Expert, we can help with this. We can pursue the restaurant or shop that sold you the food for compensation on your behalf, and hopefully, win you a settlement to compensate for the harm they caused you. One of our team will be able to tell you more if you speak to them using the number at the bottom of this guide.

Can you have a gluten allergy?

Gluten allergies can be quite common and can have serious consequences for those who suffer from them.

Can you claim for gluten intolerance?

Though you may not be able to claim for gluten intolerance itself, you could potentially claim if your gluten intolerance is exacerbated or triggered as a result of negligence. For example, if you were served food containing gluten at a restaurant despite telling the servers not to do so, and had a negative physical reaction as a result, you could potentially claim compensation.

Gluten Allergies Vs Intolerance

It is important to understand that gluten intolerance and an allergy to gluten are two separate medical conditions, that share many of the same symptoms. Gluten intolerance is an autoimmune-associated condition, not an allergic condition.

Generally, gluten allergies can result in more serious symptoms, including anaphylaxis and difficulty breathing. Gluten intolerance, however, could result in sicknesses, such as abdominal pain and diarrhoea.

What Is Coeliac Disease?

Coeliac disease is a medical condition, whereby the intestine becomes inflamed due to a reaction to gluten. When this happens, the intestine is unable to take in any nutrients, effectively starving the sufferer. The illnesses are typified by symptoms such as:

  • Diarrhoea
  • Stomach cramps
  • Severe wind
  • Constipation
  • Indigestion

A long-lasting case of this condition that goes untreated, can cause malnutrition. Therefore, if you know you are gluten intolerant, and you develop symptoms such as these above, you must visit a doctor right away. The NHS has published some excellent information about coeliac disease.

Coeliac Disease Statistics

According to statistics from Coeliac UK, coeliac disease affects around 1 in 100 people in the UK and Europe, though only 30% are clinically diagnosed. In some cases, it can take up to 13 years to be diagnosed from the onset of symptoms.

If someone with coeliac disease accidentally eats gluten, symptoms could manifest within hours, but the vomiting and diarrhoea could last for over a week. If you have coeliac disease and ingested something with gluten due to the negligence of another (e.g. mishandling or mislabelling of food), you could potentially claim compensation for any damage caused. For free legal advice on gluten allergy reaction claims, get in touch with us at any time.

What Are The Symptoms Of Wheat And Gluten Allergies?

The answer to the question, what are the symptoms of wheat intolerance? Is that there are many, and not everyone suffers from the same symptoms, most people suffer from a selection of the potential symptoms, such as:

  • Diarrhoea or constipation
  • Skin issues
  • Abdominal cramps or pain
  • Leg or arm numbness
  • Headaches
  • Fatigue
  • Depression
  • Iron-deficiency or anaemia
  • Anxiety
  • Bloating of the stomach
  • Autoimmune disorders
  • Joint and muscle pain
  • Unexplained and unexpected weight loss
  • Fogged thinking

If you have a number of these symptoms, then you could be allergic to gluten. You should visit your GP or consult a dietician.

How Do You Know If You Have A Gluten Allergy Or Intolerance?

In this section, we are going to answer the questions, how do you know if you have gluten intolerance? And is there a difference between coeliac disease and gluten intolerance?

Firstly, look at the symptom list in the section above. Are you suffering from several of these? If you are, then take a look at the symptom list in the section about coeliac disease, do you have any of these symptoms as well? If you only have symptoms on the first list, you are probably only allergic to gluten. If you have symptoms on the second list, you are likely also gluten intolerant, and could potentially be suffering from coeliac disease as well. Of course, this is just a rough guide; you must speak to a doctor and get a professional opinion.

What Is The NHS Gluten Free Foods List?

The NHS gluten-free food list is a safe eating list that fits within the healthcare framework and the national prescribing guidelines for gluten-free foods. This list gives a comprehensive range of foods, and explains their gluten content, and also how severe a reaction they could cause. Depending upon how intolerant you are to gluten, you will be able to select foods from this list that have only a small amount of gluten. If you are very intolerant, you can select foods with zero gluten content.

What Should You Do If You Are Gluten Intolerant, Sensitive, Or Allergic?

If you have medical issues related to gluten, you will primarily have to eat a controlled diet. Carefully avoiding foods that have gluten in them. This can be tough; not all foodstuffs fully disclose gluten content. Eating out can also be problematic.

If you think you are gluten intolerant, you need to visit your GP as soon as possible. Explain your problem to the GP, and list your symptoms. They will let you know whether they believe you need anything more than a controlled diet to manage your medical condition.

What Are The Effects Of Eating Gluten If You Have An Allergy Or Intolerance?

Eating out with coeliac disease, gluten intolerance or a gluten allergy can be a problem. There is no legal requirement for restaurants, cafes, fast food outlets, etc. in the UK for them to display dietary information such as gluten content. You will have to ask the person serving whether particular items of food or dishes have gluten. If you are told that particular food does not contain gluten and it actually does, then you could be able to make a claim if this results in an allergic reaction of some kind. Legal Expert can help with this. Give us a call on the contact phone number at the end of the page to learn how.

Anaphylaxis And Potentially Fatal Reactions

It is important to understand that there are no gluten poisoning remedies for allergic reactions that have evolved into full toxic shock syndrome or anaphylaxis. This is a serious medical condition. A person with anaphylactic shock will fall unconscious and eventually die if untreated. You will need to be taken by ambulance for immediate treatment at the hospital.

If a third party was responsible for a severe or even fatal reaction to gluten, Legal Expert could help you to make a claim. Speak to us on the number down at the end of this guide to learn how.

What Damages Can Gluten Food Compensation Claims Include?

When you make a personal injury claim, if your solicitor is successful in processing it for you, then the settlement that you receive will comprise of potentially several types of damages. The types of damages that you claim will depend on the types of harm you were caused, and the types of losses you encountered. Each type of damages will fit into one of the two main categories of special damages and general damages. Typically, they can include:

  • Special damages (to compensation for ad-hoc and financial, non-physical losses):
    • Cost of care – this will compensate you if you have had to pay for a nurse to take care of you at home, or for somebody to come in and clean.
    • Travel costs – if you have had to use public transport to go for medical treatment, or to deal with something related to the claim, such as attending court.
    • Private medical fees – if you had to have treatment that wasn’t available on the NHS, then you could potentially claim these costs back.
    • Loss of earnings – if you took time away from work to heal, and you lost out on your income either partially or completely, you could claim for this loss.
    • Lowered prospects in the future – if your earning potential will be reduced because you either can’t work due to a disability, or have to take a lower paid job because you can’t do your old one, you could possibly claim for this loss.
  • General damages (these types of damages are to compensate you for suffering physical harm in some way):
    • Pain and suffering – this is specifically related to the initial allergic reaction and any emergency treatment that was administered.
    • Mental trauma – related to the incident itself, the stress and shock of having a reaction in a public place and being taken to the hospital.
    • Psychological injuries – for example, a post-traumatic disorder caused by the event itself, or the long-term health implications.
    • Painful recuperation period – if you will be ill for some time, and will suffer for much of this time, you could claim for this potentially.
    • Permanent loss of quality of life – if you suffer a serious reaction, such as anaphylactic or toxic shock, and your health will be impacted permanently.

The types of damages you claim will depend on the specifics of your case; no two claims are the same. Call the number below, and speak to one of the Legal Expert team. Explain your situation, and they should be able to give you a good idea of the types of damages you could possibly claim in your own case.

Gluten Food Allergy Compensation Calculator

We have not provided some kind of online personal injury claims calculator on this page. You may have tried one of these before, and if you have, you already know how vague they can be. We prefer to give you hard facts. The table below covers a range of potential severities of an illness and the amount of compensation that could be claimed. It is based on the UK Judicial College Guidelines used by court judges to evaluate how much a claim is worth.

Digestive System: Illness/Damage Resulting from Non-traumatic Injury(i)£36,060 to £49,270
Digestive System: Illness/Damage Resulting from Non-traumatic Injury(ii)£8,950 to £18,020
Digestive System: Illness/Damage Resulting from Non-traumatic Injury(iii)£3,710 to £8,950
Digestive System: Illness/Damage Resulting from Non-traumatic Injury(iv)£860 to £3,710
Mental AnguishFear Of Impending Death/Reduction In Expectation Of Life£4,380
Psychiatric Damage GenerallySevere£51,460 to £108,620
Psychiatric Damage GenerallyModerately Severe£17,900 to £51,460
Psychiatric Damage GenerallyModerate£5,500 to £17,900
Psychiatric Damage GenerallyLess Severe£1,440 to £5,500

Would you like to know how much you could possibly claim in your own case? If so, call the number below and talk to one of the Legal Expert team. Once they know more about your claim, they will be able to give you a much more accurate estimate.

No Win No Fee Gluten Allergy Claims

Here at Legal Expert, we have come up with a financially risk-free way for you to have your claim processed. This is a simple and effective service, operating under a full No Win No Fee agreement. What this means, is that you don’t have to pay us anything when we first take your claim on. You also don’t have to pay us anything for the entire time we are pursuing compensation for you, no matter how long it takes. And of course, you don’t pay us if we are unsuccessful and fail to win you any compensation.

When we are successful though, we will take our pre-agreed percentage of the payment received as our fee, and then we will give the rest to you. If you would like to know more about how this service works, use the number below to talk to one of the Legal Expert team today.

How Our Team Can Help You

If you need to make a gluten allergy reaction compensation claim, you need to ensure that the solicitor you use to process it is skilled and experienced in such claims. Legal Expert fits the bill perfectly; we have plenty of experience in making similar claims.

We will leverage this experience to ensure that you receive the most compensation possible and that you have the best chance of being successful with your claim. We are always available, just a phone call away, to keep you updated on the status of your claim, and explain what we have been doing on your behalf. When you speak to one of our team, they will use plain English, and not legal jargon, to make sure that you understand everything completely. If you are ready to get started with a claim right now, call the number on the number below, and we can get your claim started right away.

Contact Legal Expert Today

Have you suffered a traumatic allergic reaction or anaphylactic episode because a food vendor told you there was no gluten in a product, but there was? Did you know that a personal injury solicitor can likely help you to make a compensation claim for this? Are you ready to get started with a claim today? Give the Legal Expert team a call on 0800 073 8804. They will go over your claim with you, and then inform you of all of your legal options. They can also offer you a simple, effective and completely financially risk-free for you to have your claim processed. So, call today, you really have nothing to lose.

Where To Find More Information

We have included a number of links throughout this guide, that could be useful. To make things easier, we have repeated them here:

Gluten intolerance and allergies explained

NHS info on coeliac disease

Information on gluten sensitivity

The NHS gluten free food list

There are also a few more related guides on this site that you might find useful, such as these ones:

How to make a compensation claim against a restaurant

A guide to making food allergy claims

Claiming compensation from Burger King

I had an allergic reaction after eating at a restaurant what are my rights?

Thank you for reading our guide about gluten allergy claims.

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