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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 24th February 2023. 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.

peanut allergy compensation claims

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 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. We’ll therefore answer the question ‘what is a nut allergy?’ and explain what the major and minor symptoms are. We’ll also explain how this type of allergy can potentially be life-threatening for some people. We also cover the legal situation regarding the labelling of food products. 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 nut allergy reaction.

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 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:

UK Allergy Organisation information on nut allergy symptoms

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.

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 or a 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 provide advice and potentially other support if you have grounds to claim for nut allergy compensation. If you contact us, you can ask us questions about whether you are able to claim based on your specific circumstances.

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.

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.

Edit
Injury Compensation Bracket Notes
Digestive Illness Resulting From Non-Traumatic Injury (b) (i) £38,430 to £52,500 Acute pain, vomiting, diarrhoea, and hospital admission for days to weeks.
Digestive Illness Resulting From Non-Traumatic Injury (b) (ii) £9,540 to £19,200 Diarrhoea and vomiting lasting over two to four weeks, with an impact on sex life and enjoyment of food.
Digestive Illness Resulting From Non-Traumatic Injury (b) (iii) £3,950 to £9,540 Hospital admission for a few days caused by stomach cramps, fatigue, and altered bowel function.
Digestive Illness Resulting From Non-Traumatic Injury (b) (iv) £910 to £3,950 Disabling pain, cramps, and diarrhoea.

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.

Where You Can Find Out More About Peanut Allergy Compensation Claims

In this final section of our guide on peanut allergy compensation claims, 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 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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