By Lewis Hendrix. Last Updated 1st August 2023. Welcome to our guide on using food allergy claims solicitors to make allergic reaction compensation claims. This guide focuses on making a food allergy claim rather than an allergy to anything else.
Suffering an allergic reaction to food can be a very distressing and traumatic experience, especially if the reaction is severe and life-threatening. Even a minor reaction can have a lasting psychological effect on someone.
Food allergy claim solicitors
Food allergies can vary in their degree of severity and can cause many different allergic reaction symptoms. While some symptoms may clear up quite quickly, other symptoms may last a few days or more before the sufferer had completely recovered. Some symptoms, however, if not treated quickly and effectively, can be life-threatening.
Many foods can cause someone to have an allergic reaction, some being more common than others, from a celery allergy to a shellfish allergy to a nut allergy. Very often, people who know about their allergies carry with them special medication at all times in case of an unexpected reaction, but of course, avoiding reacting at all is the safest and best way to deal with an allergy.
Making allergic reaction compensation claims with our team
If you have had an allergic reaction to food and you believe someone else was to blame due to negligence on their part, you may be able to make a personal injury claim for compensation. Although receiving a personal injury compensation award cannot take away the suffering you have endured, it can give you support financially that will help cover the expenses you may have incurred, such as medical costs, loss of earnings, and any other out of pocket expenses. It can also provide you with closure on the incident to move forward in your life.
Accident Claims UK has years of experience with personal injury claims and can help you get the food allergy lawsuit settlement you deserve. To speak with our solicitors, you can call them on 0800 073 8801. Or you can put your details into the callback form on the side of the page. Alternatively, you could send an email to office@accidentclaims.co.uk. Also, look out for the opportunity to use a compensation calculator to determine your potential settlement figure.
Select a Section
- A guide to how a food allergy claims solicitors can help you
- Food allergies explained
- Rules, legislation and food allergy guidance for Businesses
- Treatment for food allergies – What to do in an emergency
- Foods which you could be allergic to
- Symptoms of an allergic reaction to food
- Severe allergic reactions to foods
- Can I still make allergic reaction compensation claims if I did not tell anyone about my allergy?
- How long can an allergic reaction last?
- Food allergy claims time limits – how long do I have to make allergic reaction compensation claims?
- What could food allergy claims solicitors help you secure?
- How much compensation can my solicitor help me claim for a food allergy?
- Claiming For A Food Allergy With A No Win No Fee Solicitor
- Additional resources for people with a food allergy relating to allergic reaction compensation claims
- Food Allergy Claims Solicitors And Allergic Reaction Compensation Claims FAQs
A guide to how a food allergy claims solicitors can help you
Making a compensation claim for having a food allergy reaction that wasn’t your fault can be a very complex process. For the claim to have a chance of being successful, you must prove the liability of the defending party. This isn’t always that easy, and if you were possibly partially to blame, it could complicate things further.
Food allergy claims solicitors are legal experts in the personal injury claims industry specialising in helping people file lawsuits against those responsible for causing them to suffer an allergic reaction to food through negligence. Using their expertise, they can help to prove liability, whether it is full liability or partial. They know all of the legalities involved and can make sure that everything you are entitled to claim is included in your claim.
So, they will be able to advise you on what you can do to support your claim, such as seeing a medical professional even if your symptoms are only minor. A medical report will be drawn up, which is in itself proof that your reaction did in fact occur. Solicitors know how to structure your claim to gain the best result possible.
Finding out as much as you can about food allergy compensation claims can be really helpful in giving you some insight as to what is involved in making a claim and what you can do to support your case.
The solicitors at Accident Claims UK have designed this guide to give answers to the many questions you may have about making a compensation claim for an allergic reaction to food that was someone else’s fault. Have a read through the guide, and feel free to contact Accident Claims UK for further guidance.
Food allergies explained
A food allergy is the result of a reaction of our body’s immune system when it treats certain proteins within a specific food mistakenly as a threat causing the body to react unusually, which result in many different symptoms, some minor, but some also very severe. Sometimes during an allergic reaction to food, several different symptoms may be occurring in different areas of the body at the same time.
The NHS has a lot of information regarding food allergies; the link can be found in the last section of the guide. It’s worth noting that NHS statistics in September 2020 calculated 27,172 adults hospitalised by an allergic reaction to food in the UK in 2019/20. There were also 12,562 hospital admissions for the same reason amongst under-18’s during the same period, meaning almost 40,000 in total. Please speak to our solicitors to learn about other statistics.
Rules, legislation and food allergy guidance for Businesses
Businesses have a responsibility to their employees and their customers to adhere to the rules regarding allergen information set out in the EU Food Information For Consumers Regulations which states that they must do the following:
- Provide information regarding allergens for both pre-packed and non-pre-packed food and drink to the consumer.
- Adequately manage and handle food allergens accordingly.
The Food Standards Agency has legislation and guidelines in place that businesses should refer to ensure that they are doing everything correctly to either alert consumers of potential allergens within the food or drink they are selling or to ensure that people are not exposed to them in any way if there is a chance of them having an allergic reaction.
Food allergy workers compensation can also be sought if you have suffered an allergic reaction to food whilst working for a restaurant or other business. Your employer has failed to protect you due to negligence.
If you’re unsure about anything, our food allergy claims solicitors would be more than happy to answer your questions. Just call us today on the number at the top of this page.
Treatment for food allergies – What to do in an emergency
How to deal with allergic reactions to food? Two types of medication are mainly used to treat someone who is suffering an allergic reaction. These are:
- Antihistamines – These are usually used to treat reactions that are considered mild to moderate. They work by stopping the effects of histamine, which is released into the body during an allergic reaction and are to blame for many of the symptoms that occur.
- Adrenaline – This is used for severe allergic reactions, such as when someone suffers from anaphylaxis. Anaphylaxis is a severe allergic reaction that can be life-threatening and can happen extremely quickly and within minutes of the victim coming into contact with an allergen. How adrenaline works are it narrows the blood vessels in the body to counteract the low blood pressure caused by anaphylaxis and also helps to reopen airways to reduce breathing difficulties. Most people who know they are at risk of suffering anaphylaxis carry something called an auto-injector filled with adrenaline so that an immediate dose can be given should they come into contact with an allergen.
Can I claim for negligent treatment of an allergic reaction?
If you believe that you have suffered an allergic reaction, and the medical treatment that you received for your allergic reaction was substandard, you may be wondering whether you could make a claim against a doctor or hospital. When it comes to making clinical negligence claims, you would not be able to play in for the allergy from the doctor or hospital, unless they had caused it. However, if you experience negligent treatment that affects your allergic reaction and makes it worse or harder to treat, or leaves you with further longstanding injuries, you may be able to make a claim for compensation for clinical negligence.
To make a medical negligence claim for an allergic reaction, or for substandard treatment that has caused your reaction to get worse, you would need to be able to prove a number of things. The first would be that the doctor or hospital had a duty of care towards you. Secondly, you would have to prove that they had breached this duty of care. Over to this, you would have to be able to evidence that your injury worsened, or your medical condition became harder to treat due to the negligence you’d suffered.
If you would like to speak to us about making such claims, we will be happy to help you. If you’re interested in how common medical negligence claims are and how much they cost the NHS, the below graphic is taken from NHS Resolution. This is the body that produces statistics relating to clinical negligence claims against the NHS.
Foods which you could be allergic to
There are many different food allergens, with some being more common than others. In December 2014, The Food Information Regulations came into force that stated that any businesses involved with food must ensure that if any of the 14 identified allergens listed below are present in the food that they are selling or providing, that it is made clear to the consumer by labelling it with the appropriate allergen information.
The 14 identified food allergens are:
- Cereals that contain gluten
- Fish
- Eggs
- Crustaceans
- Lupin (this is found in flour and can sometimes be present in some breads, pastries, and pasta)
- Molluscs
- Mustard
- Milk
- Sesame Seeds
- Soya
- Sulphur Dioxide, or can be known as Sulphites
- Peanuts
- Nuts
- Celery
Although any food could potentially cause an allergic reaction, some tend to be more common than others and sometimes the sufferers age can affect what they are more likely to be allergic to. And the particular allergens could help your solicitors to shape your specific case.
Common food allergens experienced by children include:
- Milk
- Eggs
- Peanuts
- Tree Nuts
- Fish
- Shellfish
Common food allergens experienced by adults include:
- Peanuts
- Tree Nuts
- Fruits
- Fish
- Shellfish
Symptoms of an allergic reaction to food
When someone suffers an allergic reaction to food, they can suffer from numerous symptoms, often with more than one at a time. The most common symptoms that can be experienced are:
- Symptoms similar to those of hayfever
- Vomiting
- Nausea
- Pain in the abdomen
- Diarrhoea
- Dizziness
- Feeling light-headed
- Wheezing
- Breathing difficulties
- Finding it difficult to sallow
- Experiencing swelling in the throat, around the mouth, on the face, and other areas of the body.
- Red, itchy, rash with or without it being raised
- Tingling or itching in the mouth.
Severe allergic reactions to foods
When someone suffers a severe allergy, it can be life-threatening and sometimes even fatal. Very often, the symptoms of the reaction are similar to some of those listed above, only they get a lot worse in a short space of time. Anaphylaxis is the name given for a severe allergic reaction with serious, life-threatening symptoms.
Severe allergic reaction symptoms may include:
- A sudden drop in blood pressure causing it to go dangerously low
- Heartbeat can become rapid
- The victim may go unconscious
- A sudden intense feeling of being afraid and anxiousness
- Severe difficulties with breathing
If someone suffers anaphylaxis, they need to be treated as a medical emergency. Without treatment, they could die, and so the emergency services must be called, and an ambulance is requested immediately.
Can I still make allergic reaction compensation claims if I did not tell anyone about my allergy?
As mentioned above, all businesses that sell and provide food, such as restaurants, have a legal responsibility to provide information that will clearly inform the consumer if any of the 14 main identified allergens are present in any of their foods. So if you are allergic to one of these allergens, it is their responsibility to inform you and not the other way around. So it would not affect your eligibility to make a compensation claim.
Can I make allergic reaction compensation claims if the allergen isn’t one of the ‘big 14’
However, it gets a little more complex if you are allergic to a different allergen that they don’t legally have to warn consumers about. In this instance, you would need to inform the restaurant of your allergy before eating so that ingredients can be checked. This does not mean that you cannot make a claim, however, but it may mean that the court will decide that you were partly responsible for your allergic reaction. A split liability agreement may be decided upon, resulting in you receiving a reduced final settlement award.
For more on how our food allergy claims solicitors could help you, please get in touch.
How long can an allergic reaction last?
So, how long does a food allergy last in your system? Symptoms from an allergic reaction can start as quickly as just a couple of minutes after being exposed to the allergen and can last for up to two hours. However, sometimes after the initial symptoms disappear, the second wave of symptoms can come back within one and four hours of the initial reaction. This is known as a Biphasic Reaction. For this reason, it is important that people who have suffered a severe reaction should be kept in hospital under medical observation for four to six hours after they first suffered their allergic reaction.
Food allergy claims time limits – How long do I have to make allergic reaction compensation claims?
With all compensation claims for personal injury, there is a personal injury claims time limit. Just the same as most personal injury claims, with a food allergy claim, you have three years from the date the initial reaction occurred to make a compensation claim. For those under 18 years of age, if a claim hasn’t been made on their behalf before they turn 18, they have three years from their 18th birthday to start a claim for themselves.
Although you have three years to start your claim, we recommend starting it as soon as possible so that aa it makes it easier to gather the required evidence to support your claim and everything is still fresh in mind so that no important details will be forgotten.
Our specialist team of solicitors can answer any queries you may have about the personal injury claims time limit.
What could food allergy claims solicitors help you secure?
Regardless of what type of food allergy you have, be it an egg allergy, a wheat allergy, a soy allergy or even a cereal allergy, if you have suffered an allergic reaction to food because of somebody’s negligence, providing you can show proof of liability, you could be entitled to claim compensation. When making a compensation claim, the final settlement amount is made up of several components, which, when added together, give the overall amount of award. The components making up the final amount comprise of:
-
- General Damages – These represent the actual physical injury itself and its repercussions to the claimant’s health short and long term. Any resultant psychological issues are also addressed here.
- Medical Expenses – If you have incurred any medical costs because of your injury, you can include these in the claim. Just be sure to keep all receipts.
- Travel Expenses – Any travelling costs or costs related to travel that have been brought about solely due to your injury can be included in your claim. Again, be sure to keep the receipts.
- Loss of Earnings – If your injury has caused you to have to take time off work, any income lost or future potential income lost because of your injury can be included.
- Care Claim – If you have required care or help around the home, you can file a care claim.
- Childcare Costs – If you have needed help with your children whilst recovering from your injury, you can claim these costs back in your claim.
Call Accident Claim UK for a more in-depth look at your own personal circumstances to see what you will be able to include in your claim.
How much compensation can my solicitor help me claim for a food allergy?
As shown above, numerous items make up the final settlement amount of compensation you would receive if you won your case. Each of these items will differ from person to person, from case to case, and so it would be impossible at this stage to predict exactly how much compensation you may be awarded if successful. However, we do know that the biggest influence on the amount that is awarded to you will depend on the type of injury you have sustained and, more importantly, how serious the injury is, how severely you have been affected and whether or not you face ongoing problems as a result.
Understandably, the more severely someone has been affected or suffered, the higher the award amount will be. Therefore, taking this into account, although we cannot definitively say how much you will get, we can show the average amounts of compensation awarded for the different levels of severity of food allergy reactions in accordance with the latest judicial guidelines.
| Injury | Compensation |
|---|---|
| Severe toxicosis | £36,060 to £49,270 |
| Serious food poisoning | £8,950 to £18,020 |
| Food poisoning lasting months | £3,710 to £8,950 |
| Food poisoning lasting weeks | £860 to £3,710 |
| Mental trauma | £4,380 |
| Psychiatric damage – Severe | £51,460 to £108,620 |
| Psychiatric damage – Moderately Severe | £17,900 to £51,460 |
| Psychiatric damage – Moderate | £5,500 to £17,900 |
| Psychiatric damage – less severe | £1,440 to £5,500 |
Please remember, these are just average amounts for the general damages aspect of the compensation award and not necessarily a true indication of what you will receive if you are successful. The outcome will depend on your own independent circumstances and the other components that make up the claim amount.
Claiming For A Food Allergy With A No Win No Fee Solicitor
One of our solicitors may be able to help you with your food allergy compensation claim, provided you have a valid case. Furthermore, they may offer you a type of No Win No Fee arrangement known as a Conditional Fee Agreement (CFA).
When working with a solicitor under a CFA, you will not be required to pay them anything upfront or during the course of your claim for their services. You also will not have to pay them for the work they have provided should your claim fail.
In the event that your claim is a success, your solicitor will take a legally capped success fee from the compensation awarded to you.
For more information on how our solicitors could help with food allergy claims, or to see if you could be eligible to work with one of them, you can contact our advisors today. They can be reached via:
- Calling 0800 073 8801
- Using our live chat service.
- Contacting us online.
Additional resources for people with a food allergy relating to allergic reaction compensation claims
This is a helpful guide provided by the NHS regarding food allergy reactions giving information and advice on what might cause a reaction, what the symptoms are and how they can be treated.
Allergen guidance for businesses
This section of the Food Standards Agency website gives all of the details regarding the legislation that businesses involved in food need to adhere to where food allergy risks are concerned.
This is another of our guides that could be relevant to you if you suffered an allergic reaction to food whilst eating in a restaurant.
If you are making a food allergy compensation claim on behalf of someone that has sadly passed away, the information in this guide of ours may be helpful to you.
Claiming for an allergic reaction
Here, we delve into further detail about the process of claiming compensation after suffering an allergic reaction – this could give you further insight into allergic reaction compensation claims
Thank you for reading our guide on using food allergy claims solicitors to make allergic reaction compensation claims. This guide focuses on making a food allergy claim rather than an allergy to anything else. However, if you’ve suffered an allergy to medication, and believe it was due to negligence, we could also help with these claims too.