How To Make A Nut Allergy Compensation Claim – View Our Nut Allergic Reaction Injury Claims Guide
By Fern Mitchell. Last Updated 2nd February 2021. This is an in-depth guide explaining the process of making peanut allergy compensation claims. Nut allergies are a problem that has become more of an issue in recent years, as doctors have come to understand the condition better. These days, food vendors are legally required to clearly list nut content in foods. If they don’t and you suffer an allergic reaction due to this omission, then you could be able to make a claim. This guide is designed to be an informational resource for such a claim.
You may have additional questions once you have finished reading this guide. If you do, please call Legal Expert on 0800 073 8804. One of our claims team will be able to give you the answers you need, as well as get your claims started right away.
Select A Section:
- A Guide To Nut Allergy Compensation Claims
- What Is A Nut Allergy?
- What Are The Symptoms Of A Nut Allergy?
- Are Nut Allergies Dangerous?
- The Law And Nut Allergies
- How Are Nut Allergies Diagnosed?
- What Should You Do If You Have An Allergy Problem With Nuts
- How To Get Immediate Treatment For A Nut Allergy
- What Should You Do If You Have A Severe Allergic Reaction Or Anaphylaxis To Nuts?
- Am I Still Eligible To Claim Compensation If I Forgot To Bring My Medication?
- How Do I Establish Who Was Liable For My Illness?
- Am Eligible To Make A Nut Allergy Compensation Claim
- How To Claim Nut Allergy Compensation
- I Am Making A Nut Allergy Compensation Claim, What Damages Can I Seek?
- Nut Allergy Compensation Claim Calculator
- No Win No Fee Nut Allergy Claims
- How Our Team Could Help You
- Talk To Our Team Today
- Where You Can Find Out More
A Guide To Nut Allergy Compensation Claims
Living with any kind of food allergy, but especially a nut allergy can be challenging. A person with a serious nut allergy could potentially be killed by a single bite of food, in extreme cases. Living with a nut allergy means keeping track of everything you eat before you eat it. If due to the actions of a third party, you go through an allergic reaction to nuts, then you could have a reason to make a claim. This guide covers this situation. As long as you are ready to make your claim within the personal injury claims time limit of three-years, it will be useful to you.
The first part of this guide is specific to the medical condition itself. So, we cover what a nut allergy is, what the major and minor symptoms are, and how potentially dangerous, even life-threatening the allergy can be. We also cover the legal situation with regard to labelling foodstuffs. We take a look at how the condition is initially diagnosed and how you will need to make life changes if you are diagnosed with a nut allergy. Finally, we will give information on how and when to get somebody emergency medical treatment if they are having a severe allergic reaction to nuts.
The bottom part of this guide will cover facts specific to the claims process itself. This includes whether you are still able to claim if you should have had allergy medication on you and didn’t, and also how to establish who to seek compensation from. We will also go over the kinds of damages your settlement might include, and also offer a table that shows typical compensation ranges for different levels of an allergic reaction. Finally, we will introduce you to the national claims service that we operate here at Legal Expert. We will explain why this simple yet effective service, is the perfect way for you to have your claim processed in a financially risk-free manner. And remember, if you have any questions at all about peanut allergy compensation claims, our team is here to help. Use the number down at the end of the guide to contact them.
What Is A Nut Allergy?
Take a look at the graphs above. They show that around 22% of the UK population has some kind of allergy, and this includes nut allergies. To answer the question, what is a nut allergy? We could say that:
A nut allergy is a medical condition, whereby a usually harmless food containing nuts, causes the body’s immune system to see the proteins in the nuts as harmful, and treat it as a toxin. This can lead to allergic reactions, and in extreme cases, full toxic shock (anaphylaxis).
Around 1.8 per cent (almost 2 out of every 100 people), has some form of tree nut allergy. This doesn’t include peanuts; these are not actually a nut. However, many people who have a nut allergy are also allergic to peanuts.
What Are The Symptoms Of A Nut Allergy?
There are two distinct tiers of nut reaction symptoms. The first tier is mostly harmless yet uncomfortable, and symptoms would dissipate on their own with a few hours without any medication or other forms of treatment. These symptoms include:
- Repeated and unstoppable sneezing.
- Sensations such as pins and needs, or mild burning sensation in the tongue, mouth, lips or throat.
- A general feeling of unwellness, and potentially mild vertigo.
- Some generalised swelling of the affected area.
The second tier of nut allergy symptoms are more serious, and generally will require medication or other treatment to deal with; they include:
- Sickness, nausea and vomiting.
- Upset stomach and diarrhoea.
- Large, red, itchy rashes.
- Severe swelling of the face or throat.
- Stomach cramps and abdominal pain.
- Toxic/anaphylactic shock.
You can find some more detailed information about nut allergies and their symptoms, at this link below:
Are Nut Allergies Dangerous?
The simple answer here is yes; they can be. A person with a severe nut allergy is at a much higher risk of anaphylaxis than a person with a mild allergy. Anaphylaxis and full toxic shock syndrome are both potentially lethal medical conditions.
When a person suffers such a severe allergic reaction, they will quickly fall unconscious. Over a period of time, their bodily functions such as the ability to breathe will be compromised, and they will die. Rapid emergency treatment via ambulance will be required in this case, and it is still possible the victim could die on the way to the hospital. A severe allergic reaction is a dire medical condition that causes hundreds of deaths in the United Kingdom every year.
The Law And Nut Allergies
Almost all nut allergy injury compensation claims are the result of food vendors failing to comply with UK laws with regards to labelling foodstuffs correctly. The regulations for labelling food in the United Kingdom are very strict. Every food label has to clearly show that it has any of the 14 main allergens, and this includes nuts. This information cannot be hidden, and misdirection cannot be used. For example, if the food contains a chemical that is derived from an allergen, it must list that allergen by name, not the name of the chemical. This means that every food that contains nuts or a chemical or compound extracted from nuts has to say “contains nuts” on the label. If it doesn’t, and you have an allergic reaction to the food, then Legal Expert should be able to help you to make a peanut allergy compensation claim. One of our team will be able to tell you more if you contact them on the number at the bottom of the guide.
How Are Nut Allergies Diagnosed?
Nut allergies, and food allergies in general, are diagnosed using a two-phase process. In the first phase, a doctor will question the patient about their health, lifestyle, eating habits, etc. The doctor will be looking for correlations between stated health problems and commonly eaten foodstuffs.
If the doctor sees such a correlation, then it could be possible that an allergy does exist. In this case, a more intrusive form of testing will be carried out. The patient will be tested against common allergens in minute amounts and monitored for a reaction. If a reaction occurs, the allergy has been diagnosed.
If you have been diagnosed with a nut allergy, and are put through a traumatic allergic reaction due to the actions of a third party, then you could be able to claim food allergy compensation. Speak to one of the Legal Expert team today; you can contact them on the number down near the end of this guide. They will explain how we can help with peanut allergy compensation claims.
What Should You Do If You Have An Allergy Problem With Nuts
If you are allergic to nuts, you are going to have to start controlling and monitoring your diet. This means checking the labels of all foodstuffs you purchase and also making sure to ask about nut content when eating out and ordering food. Nuts can be found in many major food types, many of which you might not realise contain nuts, such as:
- Cereals and crackers.
- Chocolate, ice-cream and other desserts.
- Flavoured hot drinks, alcoholic drinks, and liqueur.
- Some cheeses, jams and condiments.
- Toiletries such as hand lotion, shampoo and body lotion.
As you can see, simply avoiding nuts can be a complex challenge. If you do have an allergic reaction due to food not being properly labelled, then Legal Expert should be able to help you to claim allergic reaction compensation. Use the contact telephone number at the end of this guide, to speak to one of our claim advisors today, and find out how we can help with peanut allergy compensation claims.
How To Get Immediate Treatment For A Nut Allergy
Most people who have a very severe allergy, carry a card that will inform the emergency services of the fact. When anaphylaxis sets in, the patient will often be unresponsive when the emergency services arrive. Therefore, it is vital that the ambulance staff know that you are allergic to nuts so that they can administer the correct medication right away.
It is also a good idea to make sure that your friends and family know you suffer from a nut allergy so that they will know how to deal with the situation if you do have a severe reaction.
It cannot be overstressed enough, that if a person becomes unconscious due to an allergic reaction, it is only a matter of time before they die. They will not simply snap out of it. They need emergency medical treatment and the administration of the correct anti-allergenic. If the medical team fails in their duty to assist you, as a result of negligence, then Legal Expert could help you to make a personal injury claim for this as well. Once again, our claims advisors that you can contact on the phone number at the end of the page can help with this.
What Should You Do If You Have A Severe Allergic Reaction Or Anaphylaxis To Nuts?
If you have an allergy or reaction to something you have eaten, and you believe that you have a valid reason to make a claim, there are some things that you can do to help with this. Such as:
- If the food was purchased from a shop, save the label and the packaging, tin, etc.
- If the food was purchased in a restaurant, café, etc. then make sure to take a picture of the menu, and also keep your receipt.
This kind of evidence will make it far simpler for a personal injury lawyer to process a claim for you. Legal Expert can help with making peanut allergy compensation claims. One of our team members will be able to explain how, if you contact them using the telephone number at the end of the page.
Am I Still Eligible To Claim Compensation If I Forgot To Bring My Medication?
As a person who knows they have an allergy, you are expected to take care of yourself. This means carrying your anti-allergy medication with you. If you don’t and you have a reaction, you could be deemed to have contributed to your own harm. This doesn’t mean that you won’t be able to make a claim, but you may receive compensation at a reduced rate due to your own involvement in the incident. Legal Expert can act as your personal injury solicitor and can explain this situation to you in more detail, one of our claims advisors will be happy to do so, on the contact number at the end of the page.
How Do I Establish Who Was Liable For My Illness?
When it comes to suing a restaurant for an allergy, or the manufacturer of food you have had a reaction to, you will need to prove that they have failed in their legal obligations. For a food manufacturer or distributor, this will mean showing clearly that the food was not labelled warning of nut content. For an eating establishment, you will have to prove that you asked about nut content, and was told incorrectly that there was none. This will usually be done using a witness of some kind. Legal Expert can help you to discern who would be liable for your claim, and advise you on how to go about proving your claim. Speak to one of our team members on the telephone number below to proceed with this.
Am Eligible To Make A Nut Allergy Compensation Claim
In order to be eligible to make a nut allergy compensation claim, you will need to be able to prove that a third party contributed to the allergic reaction at least partially. If you cannot, then there would be nobody to claim compensation from.
If you are unsure whether you are eligible to make a claim, you can speak to one of the Legal Expert claims advisors using the telephone number below. Explain your situation, and they will tell you whether you have a valid claim or not.
How To Claim Nut Allergy Compensation
Starting a claim with Legal Expert is very straightforward. Use the contact telephone number below, and speak to one of our expert claims advisors. They will go over your claim with you and ask you a series of questions designed to tell us all we need to know about your claim. Once we know enough, we will offer you a simple, effective way to have your claim processed in a financially risk-free manner.
I Am Making A Nut Allergy Compensation Claim, What Damages Can I Seek?
The types of damages you can claim will depend upon the specifics of your case. Each type of damages will either be special damages (for financial or other losses), or general damages (for physical harm), for example:
- Special damages:
- Loss of future income.
- Loss of current wages/salary.
- To pay for care costs.
- To reimburse travel costs.
- To cover the cost of private medical care.
- General damages:
- Serious long-term or permanent disability.
- Painful treatment and recovery.
- Psychological damage.
- Mental trauma.
- Pain and suffering.
Nut Allergy Compensation Claim Calculator
We did not include an online personal injury claims calculator on this page, as we prefer to give our clients a personalised, accurate estimate of how much they might claim. However, the table below can be used as a rough guideline.
|Allergic reaction||Minor||This would be a trivial allergic reaction. It would cause minor symptoms such as itching, rash, and a small amount of discomfort. It would dissipate within an hour, and would require no treatment.||£860 - £3,710|
|Allergic reaction||Moderate||This would be a measurable allergic reaction. It would cause symptoms such as itching, rash, sneezing and swelling of the affected area, as well as a measurable amount of discomfort. It would dissipate within a few hours, and would require no treatment.||£3,710 - £8,950|
|Allergic reaction||Moderate to severe||This would be a quite severe allergic reaction. It would cause symptoms such as itching, rash, sneezing and swelling of the affected area, as well as a measurable amount of discomfort. It could also cause diarrhoea, nausea, stomach cramps and muscle pain. It would dissipate within a couple of days, and would require medication and other forms of treatment.||£8,950 - £18,020|
|Anaphylaxis||Severe||This would be a full-on case of anaphylaxis, a severe allergic reaction that could be life-threatening. It would require immediate emergency treatment and the victim may have to be hospitalised for several days.||£36,060 - £49,270|
No Win No Fee Nut Allergy Claims
Legal Expert offers our No Win No Fee claims service at a national level, to people all across the UK. There is no charge to start on your claim and no charge as we process your claim. If we fail, and you don’t receive any compensation, then there is no charge at all. If we do win your compensation, we will take our fee from the money received, and then give you the remainder.
How Our Team Could Help You
Legal Expert is a skilled and experienced personal injury firm. We specialised in getting claimants the maximum level of compensation possible, as quickly as possible. We don’t use legal jargon, and we will always deal with you in a professional, transparent manner. Speak to our team today to get your claim underway!
Talk To Our Team Today
Do you think you have a valid reason to make a nut allergy claim? Do you need a skilled legal firm to process your claim? Look no further, call Legal Expert on 0800 073 8804, and we can get your claim started today.
Peanut Allergy Compensation Claims FAQs
Can you claim against a restaurant for food allergy?
Yes, you can. When you’re eating at a restaurant, they have a duty of care to you which means they should take reasonable steps to ensure your safety. If the restaurant has failed to disclose a common allergen, like peanuts, in one of their dishes and you’ve suffered a reaction as a result, then you could be entitled to make a claim. You may also be entitled to compensation if you’ve been given incorrect information about a dish that’s caused you to have a reaction.
What’s the difference between an allergy and an intolerance?
People suffering from a food intolerance often have difficulty digesting certain foods. Food intolerances are often not life-threatening, and sometimes people suffering from food intolerances can take steps to stop a reaction from happening, such as people with lactose intolerance taking lactase enzyme tablets. Food allergies are when the body mistakenly identifies the allergen as a threat. People with allergies can be at real risk of life-threatening reactions like anaphylaxis.
Are restaurants required to list allergens?
Yes. In the UK, any business selling food or drink is required to let you know if they use any of the 14 most common and potent allergens in their products. Peanuts and tree nuts are included in this list of allergens. If you’re eating at a restaurant or ordering food from a takeaway, this should be provided to you in writing. This might be presented as information about allergens included on your menu or a prompt to ask a member of staff about allergens before you order. Restaurants who fail to do this, or who give incorrect or incomplete information about allergens, leave themselves open to peanut allergy compensation claims.
Where You Can Find Out More About Peanut Allergy Compensation Claims
Thank you for reading our guide on peanut allergy compensation claims. You may find the following guides useful: