Can You Sue For An Allergic Reaction? | No Win No Fee

By Jo Anderson. Last Updated 31st October 2023. Suffering an allergic reaction, be it to food or something like hair dye, can cause significant problems for a person. In some circumstances, this may have happened through no fault of your own. Naturally, you may wish to seek compensation for the allergic reaction.

In this guide, we discuss personal injury claims and allergies. We explain the criteria for claiming compensation and discuss the different types of reactions you could be compensated for.

We also provide examples of allergic reaction compensation amounts and how you can take advantage of our No Win No Fee service to take legal action today.

If you’d rather speak with someone to learn more or to go ahead and make a personal injury claim, get in touch with us today using the following details:

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Learn more about claiming compensation for an allergic reaction by browsing the menu below:

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  1. Can You Sue For An Allergic Reaction?
  2. How Do I Make An Allergic Reaction Claim?
  3. Evidence For An Allergic Reaction Claim
  4. When Could You Claim Compensation For An Allergic Reaction?
  5. Compensation Payouts In Allergic Reaction Claims
  6. Claim Compensation For An Allergic Reaction On A No Win No Fee Basis Today
  7. Learn More About Personal Injury Claims

Can You Sue For An Allergic Reaction?

If you suffered an allergic reaction, you may wonder if you could claim compensation. In order to be eligible, you need to prove that a liable party, such as a restaurant, owed you a duty of care. You must also have evidence that shows it was a breach in this duty that caused your injuries.

A business owes you a duty of care under the Occupiers’ Liability Act 1957. This means they must ensure your reasonable safety. For example, if you are seeking food allergy compensation, you will need evidence to prove that the restaurant did not have allergen information available. You might submit the restaurant’s menu along with your medical records.

can you sue for an allergic reaction?

Learn If You Can Sue For An Allergic Reaction

You may want to know, ‘can you sue for an allergic reaction if it occurred due to a beauty treatment?’. As with a food allergy, you would need to prove that the beautician owed you a duty of care that was breached.

In addition to having sufficient evidence to support your claim, you must begin legal proceedings within the limitation period. The Limitation Act 1980 sets this as generally three years from the incident date.

However, some exceptions apply. For example, children cannot seek compensation for an allergic reaction for themselves. A litigation friend can start a claim on their behalf. If proceedings were not started and they turn 18, they will have three years from that date to start a claim.

Call our advisors to learn about the allergic reaction compensation amount you might be eligible for. They can also discuss other possible exceptions to the time limit.

How Do I Make An Allergic Reaction Claim?

If you are eligible to make a personal injury claim for an allergic reaction, there are certain steps you could take to help support and when starting your claim.

  1. Seek medical treatment – By doing so, you can get appropriate care for your reaction. Furthermore,  a record of your reaction will be made in your medical notes. This could help to support your claim.
  2. Gather evidence – Gathering sufficient evidence could help prove who was liable for your allergic reaction and the severity of your reaction. In the next section, we will provide some examples of the evidence you could collect.
  3. Seek legal advice – If you have suffered an allergic reaction, you may wish to seek legal advice from a solicitor on the steps you could take next. If you choose to work with them, they could help you with gathering evidence and negotiating an allergic reaction settlement amount.

Contact one of our advisors today to see whether you could be eligible to work with one of our No Win No Fee solicitors. They could also provide you with a personalised estimate of the allergic reaction compensation amount you could receive if you were to make a successful claim.

Evidence For An Allergic Reaction Claim

When making a claim for allergic reaction compensation, there are certain steps you could take and evidence you could collect to help support your case.

Evidence you could gather to support your claim for compensation for an allergic reaction include:

  • Photographs of any visible signs of an allergic reaction, i.e. a rash or swollen eyes
  • Photographs of the menu if you suffered an allergic reaction to food because the restaurant failed to note any of the 14 main allergens
  • A copy of your medical records, stating that you suffered an allergic reaction and the treatment you required.
  • Correspondence with the restaurant, cafe, etc., where you suffered the allergic reaction.
  • Evidence of any financial losses you’ve suffered due to your allergic reaction. For example, a copy of your payslips could help with proving a loss of earnings if you required time off work.

For more information on the evidence that could help support an allergic reaction compensation claim, you can contact our advisors. If they think you may have a strong case, they could connect you with one of our No Win No Fee solicitors. 

When Could You Claim Compensation For An Allergic Reaction?

In this section, we explore the circumstances in which you could claim compensation for an allergic reaction. We consider food allergies and reactions to the likes of hair dye, in particular.

Food And Nut Allergies

Some people only experience mild nut allergy symptoms, whilst other people suffer from severe nut allergies and peanut allergies, resulting in them suffering from an anaphylactic shock.

This can be life-threatening. Restaurants and other dining establishments, shops that package food on-site, and food manufacturers selling prepacked food are responsible for listing allergenic ingredients in a food item, on a menu or the packaging.

The law also states that they must highlight the allergenic ingredients, with bold type, italics, or a bright colour. If food may contain traces of nuts because it is produced in a kitchen or factory where the nuts are used, this should also be stated.

Should a customer who has a nut allergy or peanut allergy eat food that contains nuts or traces of nuts, but this was not stated on the label, then has an allergic reaction, the producer or seller of the food could be held liable for their injuries and have to pay them compensation.

Call Accident Claims UK to talk about making your nut or peanut allergy compensation claim.

Can I Claim For An Allergic Reaction If It Isn’t Food-Related?

Allergic reactions do not just apply to the food we eat. Some people also experience allergic reactions to hair dye. There are many ingredients in hair dye that can cause allergic reactions.  A hair dye reaction can take place up to 48 hours after the sufferer has had the treatment. So, just because the results aren’t immediate does not mean an allergic reaction has not taken place.

Some common symptoms of an allergic reaction to hair dye can include:

  • A stinging or burning sensation on the face, neck and scalp.
  • Itching or swelling of the face and scalp.
  • Welts or blisters.
  • Swelling of the hands, feet, lips or eyelids.
  • A rash anywhere on the body.

Call our advisors to learn the answer to your question “can I sue for an allergic reaction”.

Allergic Reaction To Hair Dye

Hair dyes are used by millions of people worldwide, and it is usually safe to use hair dye products. Unfortunately, many hair dyes contain products that some people are allergic to.

If you used a home hair dye kit and the allergenic ingredients were not listed, or you were not instructed to do a patch test and suffered an allergic reaction please contact us for legal advice as you could be eligible to claim injury compensation.

Call Accident Claims UK today, to learn more about allergic reaction hair dye claims.

Compensation Payouts In Allergic Reaction Claims

If you’re wondering how much an allergic reaction settlement in the UK could bring, we can provide some guidance on calculating food allergy compensation. If your claim is successful, the allergic reaction compensation amount you could be awarded could include both general damages and special damages if appropriate.

Special damages compensate successful claimants for out-of-pocket expenses caused by their injuries. These could include medical and travel expenses, as well as loss of income. You would need documentary evidence, such as bank statements and payslips to claim for such damages.

General damages, however, relate to the suffering and pain you’ve ensured, as well as your loss of amenity. The severity and type of reaction could dictate how much you could receive. So too, could the short and long-term impacts on your quality of life. A medical report could provide you with evidence of your injuries. This can be produced from an appointment with an independent medical expert, which could be arranged as part of your claim.

To work out how much could be appropriate for general damages, legal professionals could look at a publication called the Judicial College Guidelines if they are handling cases in England and Wales. This publication gives guideline payout amounts. We have used this publication to create a table, which you’ll see below. 

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Injury Severity Details Potential Compensation
Brain Injury Moderate (i) The level of dependence is lower than higher levels of brain damage. However, the claimant suffers a moderate to severe intellectual deficit along with personality changes and effects on senses, sight and speech. There’s also a significant epilepsy risk. £150,110 to £219,070
Digestive System – Non-traumatic illness (i) In this bracket, the claimant suffers symptoms of severe toxicosis requiring hospital admission and resulting in a significant impact on the ability to work and enjoyment of life. £38,430 to £52,500
Digestive System – Non-traumatic illness (ii) The claimant has suffered from short-lived food poisoning with serious symptoms diminishing over two to four weeks. Some discomfort, and problems with bowel functioning and food enjoyment lasting a few years. £9,540 to £19,200
Digestive System – Non-traumatic illness (iii) In this bracket, the claimant will be hospitalised with symptoms that last a few weeks, but recover within a year or two. £3,950 to £9,540
Digestive System – Non-traumatic illness (iv) In this bracket the claimant has symptoms including disabling pain, cramps and diarrhoea that last days to weeks. £910 to £3,950
Lungs (f) The claimant has suffered slight breathlessness but with a substantial recovery expected within a few years. £10,640 to £20,800
Dermatitis and other skin conditions (a) This bracket is for claimants who suffer dermatitis on both hands with some possible psychological consequences. Symptoms last for some years. £13,740 to £19,200
Dermatitis and other skin conditions (b) The claimant suffers dermatitis in one or both hands for a significant amount of time, but it will settle with treatment. £8,640 to £11,410
Dermatitis and other skin conditions (c) The claimant suffers rashes on one or both hands, along with itching and irritation. It will resolve within a few months. £1,710 to £3,950
Hair damage (a) In this bracket, the claimant suffers hair damage along with dermatitis, eczema, tingling or scalp burning. £7,340 to £11,020

However, these figures are only illustrative. Should you wish to get insight into compensation amounts for your own claim, please call our team.

Claim Compensation For An Allergic Reaction On A No Win No Fee Basis Today

A No Win No Fee solicitor could help you seek allergic reaction compensation. A No Win No Fee solicitor could offer you a Conditional Fee Agreement (CFA). This is a type of No Win No Fee arrangement.

If a solicitor offers you this type of service for an allergic reaction compensation claim, you will not typically be asked for an upfront solicitors fee. Should your claim prove successful, a legally capped success fee will be taken from your allergic reaction compensation amount. However, should your claim for allergic reaction compensation not prove successful, you will not have to pay your solicitor for their work.

Free advice about allergic reaction compensation amounts is available at any time from our advisors. If your claim for allergic reaction compensation seems like it has a good chance of success, you could be passed on to our solicitors. For answers to questions such as, ‘can I sue for an allergic reaction?’ you can get in touch in the following ways:

Learn More About Personal Injury Claims

If you’d like to learn more about personal injury claims and how to pursue compensation, these links below may help:

Thank you for reading our guide, and we hope to have answered the question, ‘Can I sue for an allergic reaction?”