Peanut Allergy Compensation Claims Guide – How Much Can I Claim? – How To Claim For A Allergic Reaction to Nuts?
For those who do not have a nut allergy, they merely view the condition as a mere annoyance… something that means you’re restricted from a number of chocolate bars in your local newsagents. However, anyone with a nut allergy knows that it is way more serious than this. A nut allergy can be extremely dangerous, with symptoms ranging from shortness of breath to severe facial swelling. In fact, did you know that approximately 5,000 people are hospitalised due to food allergies? This is according to the Food Standards Agency, and there is no denying that nut allergies are some of the most common.
With that being said, in this guide, we are going to take a look at making a claim for peanut allergy compensation. Here at Legal Expert, we have many years of experience when it comes to making all types of personal injury claims, and we can help you to get the payout you deserve if you have experienced an allergic reaction to nuts and you do not believe it was your fault. If you would like to make a claim, or if you have any queries, you can give us a call on 0800 073 8804. However, before you do so, make sure you read the rest of this guide, as it is likely that we will answer a lot of your queries.
Select A Section
- A Guide To Peanut Allergy Exposure Compensation Claims
- What Is A Peanut Allergy?
- How Can You Have Your Peanut Allergy Diagnosed?
- What Peanut Allergy Symptoms Could You Suffer?
- How Severe Can Nut Allergies By – Anaphylaxis Reactions
- What Causes You To Have An Allergic Reaction To Peanuts?
- How Common Are Peanut Allergies?
- Who Could Develop An Allergy To Peanuts?
- What Steps Can Be Taken To Prevent Peanut Allergies?
- What Information Must Be Placed On Food Labels For Products Which May Contain Peanuts?
- Do I Have A Peanut Allergy Compensation Claim?
- What Evidence Do I Need To Make My Peanut Allergy Claim?
- What Can My Allergic Reaction Compensation Claim Include Damages For?
- Peanut Allergic Reaction Personal Injury Claims Calculator
- No Win No Fee Claims For An Allergic Reaction To Peanuts
- Contact Our Experts Today
- Where Can I Find Out More?
Nut allergies can be extremely dangerous. While most people experience mild to moderate symptoms, there are people that have been hospitalised and even lost their lives because of a nut allergy. This is why there are stringent regulations in place regarding how food establishments label their products. If you have eaten something with nuts in, without any knowledge, you could be entitled to a large sum of compensation. In this guide, we will reveal everything you need to know about making a claim for nut allergy compensation with the assistance of an experienced personal injury solicitor. We will provide you with some basic and important information regarding peanut allergies, including how to diagnose these allergies and the different types of symptoms people experience. We will then look at what information must be displayed on the labels for food products, as well as helping you to determine whether you have the basis for a compensation claim and what sort of evidence you are going to require. If you still have queries by the time you get to the end of the guide, you will find our contact information, so please do not hesitate to give us a call and we will happily provide you with more information on food safety and food allergy claims.
If you’re unsure as to whether you have a nut allergy, you may be interested in knowing what being allergic to peanuts really means. To understand this, we need to look at food allergies in general. A food allergy occurs when your immune system has an unusual reaction to a specific type of food. In this case, that would be a peanut. Peanut allergies are quite common, and being allergic to peanuts does not make you more susceptible to being allergic to another nut. This is because peanuts are not the same as walnuts, cashews, and almonds, which grow on trees. They are tree nuts, whereas peanuts are grown underground. This makes them part of the legumes, a different plant family. Other examples include soybeans, lentils, peas, and beans. Nevertheless, just because you are allergic to peanuts does not mean you are likely to be allergic to other legumes.
How do you know if you have a peanut allergy? If you are concerned that you could be allergic to peanuts, it is a good idea to get tested so that you can have an official diagnosis. The process of diagnosis begins with a discussion with your doctor regarding your medical history and symptoms. They will then advise you to do a number of tests, which can include the following:
- Keeping a food diary – Your doctor may begin by getting you to keep a food diary of your medications, symptoms, and eating habits.
- Elimination diet – If it is not clear that peanuts are responsible for the symptoms you are experiencing, or your doctor suspects you may have an allergy to a number of foods, then he or she may advise an elimination diet. This means eliminating certain foods from your diet for a week or two until you get to the bottom of what is causing the problem.
- Blood test – Your doctor may also recommend a blood test. This can measure the response of your immune system to peanuts by seeing how many allergy-type antibodies are in your bloodstream.
- Skin test – In such tests, a small amount of peanut will be put onto your skin, and then the doctor will use a needle to prick your skin. You will develop a reaction or a raised bump if you are allergic to the food.
There are a number of different peanut allergy symptoms, which you can experience. Everyone is different, and we all react in different ways to allergies. However, some of the most common symptoms are as follows…
- Sneezing and runny nose
- Abdominal pain
- Red raised itchy rash
- Swelling of the lips
- Itchy throat, tongue, and mouth
Most of these symptoms will occur within a matter of minutes after consuming a peanut. However, it can take up to an hour for symptoms to show in some cases.
There are some people who are unlucky enough to experience life-threatening reactions to nut allergies. This is known as anaphylaxis, which is the most severe type of reaction. Severe symptoms of anaphylaxis include the following:
- Pale, floppy, sudden sleepiness in babies
- Loss of consciousness
- Noisy or difficulty breathing
- Persistent cough
- Change in voice (hoarse)
- Difficulty in speaking or swallowing
- Swelling of the throat and/or tongue
So, what actually causes someone to have an allergic reaction to peanuts? The most straightforward way to describe any sort of allergic reaction is to explain that it is to do with your immune system and how it handles the various proteins that can be found in all food types. An allergic reaction is triggered when your body views a specific protein as a potential threat. When this occurs, your immune system releases a number of different chemicals, and this is how an allergic reaction begins.
There is no denying that peanut allergies are one of the most common types of allergies, in both adults and children. A 2011 study was conducted by the Anaphylaxis Campaign, delving into the prevalence of peanut allergies and tree nut allergies. It was concluded that peanut allergies had increased by significant proportions amongst children throughout the 1990s. In 2002, an Isle of Wight-based medical team concluded that one in 70 kids throughout the UK were allergic to peanuts. This represents an increase, as the figures stood at just one in 200 a decade earlier. Moreover, in 2004, a UK Government report was put together, which acknowledged the high rate of peanut allergies in the country.
There are certain groups of people who are more likely to develop an allergy to peanuts than others. For example, infants with an egg allergy and/or eczema are more likely to develop an allergy to peanuts. As mentioned earlier, peanuts are not from the tree nut family, and being allergic to peanuts does not mean you are then going to be allergic to the likes of walnuts, pistachios, pecan, macadamia, hazelnuts, and cashews. However, there are a lot of individuals who are allergic to both. Moreover, being allergic to peanuts also increases the chances of you being allergic to both lupin and sesame.
A lot of people believe that there is nothing that can be done in order to prevent nut allergies and other food allergies. However, there have been some studies into prevention. For example, there has been a study that indicates that by introducing foods containing peanuts into an infant’s diet within the first year of life is a good way to reduce the risk of a peanut allergy developing. The reason for this is that early introduction is believed to assist the immune system in terms of tolerating the proteins within peanuts.
Considering the severity of nut allergies, the UK government have put a number of different regulations in place to ensure that those suffering from nut allergies are safeguarded. In accordance with the 2014 Food Information for Consumers Regulations, all drinks and food items that are sold throughout the United Kingdom must state whether they contain any of the common allergens, and peanuts fall into this category. No matter whether items are sold loose or they are pre-packaged, full disclosure is a legal requirement. This applies to everything from frozen ready meals to food served in restaurants and takeaways. Throughout the United Kingdom, all consumer establishments are required to make consumers aware of any potential allergens present in any of the food items they serve or stock. This includes school canteens, mobile catering vans, workplace kitchens, hospital kitchens, restaurants, fast-food outlets, and pre-packaged drinks and foods.
As mentioned in the former section, all consumer establishments in the United Kingdom need to display any potential allergens on their products. Therefore, if they have failed to do this, and you have experienced an allergic reaction as a consequence, you will be able to make a claim for compensation. Generally, to make a claim, your personal injury lawyer will need to prove the following things to be true…
- You have either consumed any type of food or drink on the Defendant’s premises or purchased any type of food or drink from the Defendant
- The Defendant did not take the required steps by making you aware that the food had a nut allergen
- Because of this, you unknowingly ate the nut allergen, and this caused an allergic reaction
If you can prove these three statements to be true, you will have a very strong chance of securing a food allergy lawsuit settlement. Aside from this, it is important to make sure that you claim within the personal injury claims time limit. In most cases, this time limit is going to be three years from the date of the allergic reaction. However, there can be some exceptions to this rule, so the best thing to do is act quickly. If you were a child when you experienced an allergic reaction and your parents did not make a claim, you will have the option to do so once you turn 18-years-old. In these cases, you have three years from the date of your 18th birthday.
As is the case with any type of personal injury claim, you are going to need to build as much evidence as you can to make sure your peanut allergy claim is as strong as possible. There are a number of pieces of evidence that can really help to cement your argument when putting your case together. This includes the following…
- The packaging the food you bought came in
- A photograph of the menu you used to order the food
- Details of any of the hospitals you attended or the doctors who treated you
- The names of anyone who witnessed how you reacted to the food allergen
- Details of any witnesses who heard you asking about whether the food contained nuts
These are just a few examples of how you can build a strong case. Of course, not all of these will be applicable to your specific case. However, anything you can gather that supports what has happened to you will beneficial moving forward.
When making a claim for any type of compensation, your case will be assessed on an individual basis and you will be awarded a figure accordingly. Therefore, it is always a good idea to have an understanding of how compensation figures are calculated and what can be included in your claim.
Firstly, you will be able to claim compensation for the injury/illness itself. The payout you are awarded in this regard will be based on the medical report that has been put together by your doctor. This report will outline the allergic reaction you have experienced, stating your symptoms, how severe they were initially, and whether there will be any ongoing effects. The report will also look at your prognosis going forward and any treatment required. The severity of all of this will be used to determine how much money you are going to get. However, you will not only receive a payout for the injury itself, but you are going to get compensation for any out of pocket expenses you have been subject to because of the allergic reaction. There are many different ways this ordeal could have cost you money. For example, you may have had to miss work because of your illness, and if you do not receive full sick pay, you will be able to claim for the money you have lost when making a case.
Furthermore, you will also be able to claim for things like travel expenses and hospital parking tickets, as well as any paid treatment. A lot of people can find themselves needing counselling when they have gone through a traumatic experience, and this is something that will also be covered in your payout. Furthermore, if you have required a child-minder because you have not been able to look after your children while recovering, this can also be covered in the payout. However, please note that you are going to need proof of all of these expenses, so do hold onto receipts and such like.
One thing you will certainly want to know if you are thinking about making an allergy compensation claim is how much money you are going to receive. After all, you will want to make sure it is going to be worth your while. Despite the fact that there a lot of companies that advertise personal injury claims calculator tools online, it is impossible to give you a 100 per cent accurate figure regarding the payout you will receive. This is because every case is assessed on an individual basis, taking into account the extent of your illness, as well as any other factors relating to your case. What we can do, however, is take a look at some of the average food allergy compensation figures for injuries that typically relate to these claims. You can find such information in the table below.
|Food Allergy||Severe toxicosis resulting in fever, diarrhoea, vomiting, and serious acute pain.||£33,700 to £46,040|
|Food Allergy||Significant fatigue, alteration of bowel function, stomach cramps, and discomfort. Symptoms lasting for a few weeks.||£3,460 to £8,360|
|Food Allergy||Serious but short-lived food poisoning.||£8,360 to £16,830|
|Minor Injuries||Injuries whereby the person experiences a full recovery within a matter of 3 months.||£1,200 to £2,150|
|Minor Injuries||Injuries whereby the person experiences a full recovery within a matter of 28 days.||£600 to £1,200|
|Minor Injuries||Injuries whereby the person experiences a full recovery within a matter of seven days.||A few hundred pounds - £600|
Hopefully, the table above has helped to give you a better understanding regarding the sort of figure you could be looking at. Nevertheless, if you have not found the injury you have sustained above, don’t fret – you can still claim. Simply give our personal injury claim team a call and we will happily give you a better understanding regarding the sort of payout you may get.
When it comes to making a claim for a peanut allergy, there is no denying that the solicitor you work with is going to play a critical role when making sure you get the full amount of compensation you deserve. When looking for a solicitor, one of the most important ingredients is making sure they work on a No Win, No Fee basis. This is a phrase that you have probably heard before but you may be unsure regarding what it means. It is pretty simple. A No Win, No Fee solicitor is one who will only bill you if they secure compensation for you. This means you only pay for a successful service. If your case is not a success, you won’t be left out of pocket, and so this should give you good peace of mind. It should also reassure you that the legal firm in question would only take on your case if it is a strong one and they will be doing everything in their power to secure a payout for you. Here at Legal Expert, all of our team works on a No Win, No Fee basis. This means you will definitely experience all of the benefits that have been mentioned above.
As mentioned above, one of the key elements of our service is the fact that we work on a No Win, No Fee basis. However, this is not the only reason why you should choose Legal Expert when making a nut allergy compensation claim. Aside from this, we are very experienced, and we will provide you with a solicitor that has up to 30 years of specialist experience. We have handled many cases on nut allergies, and other food allergies, before. By benefitting from all of our expertise, you are going to have a great chance of success when making a claim. We concentrate on not only winning compensation for you but also getting the maximum amount and ensuring we do so in the smoothest and least stressful manner.
We hope that you have found this guide helpful on your quest to find more information about making a claim for a peanut allergy. However, we know that you may have some more questions. If you do, you can give us a call on 0800 073 8804. You will speak to one of our friendly advisors, and they will happily answer all of your questions. We can also give you a realistic depiction of the strength of your case, as well as starting the claims process for you. If you would prefer to contact us via another method, you can send an email, use the live chat feature, or you can enter your details and we will happily give you a call back.
We have lots of great resources on our website regarding all compensation claims. Here are some you may find helpful…
Have you had food poisoning from a wedding? – Find out all the information you should need to make claims.
General food allergy – Food allergy claims explained in more general terms