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How To Make A Nut Allergy Compensation Claim – View Our Nut Allergic Reaction Injury Claims Guide

By Cat Way. Last Updated 13th June 2024. This is an in-depth guide explaining the process of making a nut allergy compensation claim. 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.

A ball of nuts being pushed away by a woman with a nut allergy.

Nut allergy

You may have additional questions once you have finished reading this guide. If you do, please call Legal Expert on 0800 073 8804. Or you can contact us online using our claim online form or our live chat service. One of our claims team will be able to give you the answers you need, as well as get your claims started right away.

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A Guide To Making A Nut Allergy Compensation Claim

If you suffer an allergic reaction, you might be eligible to make a nut allergy claim. 14 allergens, including tree nuts and peanuts, must be clearly labelled on food packaging under the law. This also applies to food prepared on the premises and then packaged for a ‘grab and go’ meal, such as sandwiches and wraps. Additionally, for non-prepacked food, you must be notified if any of the 14 allergens are in the food, such as being told by a server or a listing on a menu. There are additional rules and regulations for buffets and food delivery or takeaways.

However, if you would like to seek nut allergy compensation, you will need to show that:

  • The food supplier, whether a restaurant, buffet, takeaway or delivery service or cafe or supermarket, was aware or should have had awareness of an allergen in the item.
  • They failed to label or properly inform you that the allergen was in the item. For example, by selling sandwiches made on the premises that are not clearly labelled in accordance with ‘Natasha’s Law’.
  • You suffered an allergic reaction due to this lack of information. For example, by eating a sandwich without the appropriate allergen labelling.

If you would like to know more about allergic reaction to nuts compensation, please speak to an advisor from our team. They can also check whether you have an eligible nut allergy compensation claim.

What Are The Symptoms Of A Nut Allergy?

According to the NHS, you may experience symptoms of a food allergy directly after eating the food or days later. They include:

  • Lightheaded and dizziness.
  • Hives (a raised rash) and itchy skin.
  • Swelling of the lips, eyes and face.
  • Coughing, wheezing and breathlessness.
  • Sneezing.
  • Itchy, runny or blocked nose.
  • Feeling or being sick.
  • Tummy pain.
  • Diarrhoea.

A food allergy is a reaction to certain foods. It can be mild or very serious.

If you have any questions about whether you could claim for an allergic reaction to food, please speak to a member of our advisory team.

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.

Nut Allergy Compensation – Example Settlements

If another party’s negligence has caused you to have a nut allergy reaction, you might be wondering how much nut allergy compensation you could claim. If your claim succeeds, your compensation could be awarded under two heads. The first is general damages. This addresses your injury and the pain and suffering it causes you.

When valuing this head, legal professionals can refer to the Judicial College Guidelines (JCG). This is a document that offers guidelines for compensation amounts to help solicitors value personal injury claims. The table below provides some examples of these guidelines as they may be relevant to an allergic reaction. However, the figures shown are not guaranteed. Additionally, the figure in the top row is provided to show how your settlement could include compensation for more than one illness and related expenses.

InjurySeverityCompensation Guideline
Multiple Severe Injuries and Special DamagesVery SevereUp to £1,000,000+
Brain DamageVery Severe£344,150 to £493,000
Brain DamageModerate (i)£183,190 to £267,340
AsthmaSevere and Permanent (a)£52,550 to £80,240
AsthmaChronic (b)£32,090 to £52,490
AsthmaBronchitis and Wheezing (C)£23,430 to £32,090
AsthmaRelatively Mild (d)£12,990 to £23,430
Dermatitis and Skin ConditionsIndefinite with Psychological Consequences (a)£16,770 to £23,430
Dermatitis and Skin ConditionsSignificant (b)£10,550 to £13,930

Special damages offers compensation for the financial losses you may have endured as a result of your allergic reaction. For example, special damages could potentially cover:

  • Travel costs
  • Medical bills
  • Prescription costs
  • Domestic help
  • Carer expenses

However, you need to provide evidence of these losses in order to claim, so it can be helpful to keep any receipts or bills you receive that relate to this head. If you are allergic to nuts and have had an adverse reaction due to negligence, contact our team today to find out how our solicitors could help you.

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. Another benefit is that if the claim does not succeed, then you will not have to pay your solicitor’s legal fees. If the case is won, then the solicitor will take a small, legally-capped percentage of your compensation to cover their fee.

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

Would you like to speak to an advisor about what a nut allergy claim is? Or perhaps you are you looking for support in making a valid claim? Look no further, call Legal Expert on 0800 073 8804 to speak to one of our advisors. You can also reach us online using our contact form or our live chat service.

A No Win No Fee solicitor at a desk making notes about peanut allergy compensation claims.

Where You Can Find Out More About Peanut Allergy Compensation Claims

In this final section of our guide on making a nut allergy compensation claim, we’ve included links to some resources that you may find useful in relation to this topic. We’ve also included links to some other personal injury claim guides you may find helpful:

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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.

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