By Megan Swan. Last Updated 18th January 2023. Welcome to our peanut allergy compensation and nut allergy compensation claims guide. On this page, you will find information about making a peanut allergy claim to get the personal injury compensation that you are eligible for. We also explain not a nut allergy reaction or a peanut allergy reaction could affect someone, explaining the types of peanut allergy reactions that could be suffered. Plus, we look at how to calculate an allergic reaction compensation amount. Whether you’re seeking an allergic reaction settlement for a loved one or yourself, this guide to food allergy compensation could be helpful.
Could I Claim Peanut Allergy Compensation?
For some people, nut allergies are an ever-present problem, affecting their lives in a whole range of ways. For the most part, they manage their allergies effectively. However, from time to time a mistake is made, and an allergic reaction is a result. This guide is for people who have suffered such a reaction due to the actions of a third party.
When you finish reading this guide, you could have some questions that you need to be answered. If this is the case, please call 0800 073 8801 and speak to one of the Accident Claims UK team. They will be able to give you the answers that you need.
Select A Section:
- Allergic Reaction To Peanuts – Can I Claim?
- What Is An Allergy To Peanuts?
- How Do You Test For A Peanut Allergy?
- Peanut Allergy Symptoms And Causes
- How Severe Are Can Your Allergic Reaction Be?
- Peanut Anaphylaxis Reactions
- What Allergy Information Should Food Labels Contain?
- Am I Eligible To Make A Peanut Allergy Compensation Claim Or Another Nut Allergy Compensation Claim?
- What Evidence Do You Need To Make A Peanut Allergy Compensation Claim Or Nut Allergy Compensation Claim?
- Damages You Can Claim For After Suffering An Allergic Reaction? – What Peanut Allergy Compensation Could I Receive?
- How Much Nut Allergy Compensation Can I Claim For An Allergic Reaction To Peanut?
- No Win No Fee Peanut Allergy Exposure Claims
- How We Can Help You To Make A Successful Peanut Allergy Compensation Claim
- Contact Us To Make A Nut Allergy Compensation Claim
- Where Can I Find Out More About Nut Allergy Compensation?
If you have suffered an allergic reaction to peanuts, you might be able to make a claim. However, you will need to prove that the peanut allergic reaction was caused by a restaurant, takeaway or supermarket not listing peanuts as an ingredient on the menu or packaging. You could also make a claim if you informed servers at a restaurant to exclude peanuts from your dish as you are allergic, and they failed to inform the chefs, meaning that your dish contained peanuts.
You will also need to ensure that you make your claim within the proper time limit, as stated in the Limitation Act 1980. Generally, this is 3 years from the date you were harmed due to negligence.
Throughout this guide, we will discuss the various side effects you could suffer from due to a peanut allergy, such as a rash or anaphylactic shock. We will also discuss the evidence you could gather to help support your claim and the potential compensation you could receive.
Contact our advisors today if you have any questions about making a claim if you suffered an allergic peanut reaction. They could also inform you of the exceptions to the allergic reaction claim time limits and whether you could be eligible for compensation.
Source – Food Standards Agency
Take a look at the graph above; it shows how common it is that people have a food allergy in the UK, whether this is an allergy to dairy, a general nut allergy or a specific peanut allergy. There is something that needs to be explained here though. Nuts such as almonds, cashews, etc. are not in the same food group as peanuts. They are known as tree nuts. Peanuts are actually a kind of legume. Some people are allergic to peanuts and not nuts. However, around 40% of people who are allergic to peanuts are also allergic to all other types of nuts. Furthermore, a peanut allergy is generally for life, only around 10% of sufferers grow out of it.
How Do You Test For A Peanut Allergy?
This section aims at answering the questions, how do you test for a peanut allergy? and how do you know if you are allergic to peanuts?
There are two ways to test for a peanut or a general nut allergy. One of them requires a doctor to apply minute traces of the compounds that can cause an allergic reaction, and then measure the results.
However, this kind of test is not carried out until the first test has been completed. The initial test involves the patient answering a series of questions about their life. These questions will cover topics such as how frequently the patient develops rashes or gets out of breath, etc. If the answers indicate some kind of allergy, a doctor will then proceed to run physical tests as described above.
There is some excellent generalised information about how peanut allergies are diagnosed, at this link:
Peanut Allergy Symptoms And Causes
The main peanut allergy symptoms range from quite minor, to potentially life-threatening. An allergic reaction to peanuts can cause any of the following symptoms, and often all of them at once:
- Nausea and vomiting.
- Diarrhoea or loosened bowels.
- Pain or cramps in the stomach.
- Swelling in the throat making it hard to swallow.
- Itching and irritation around the mouth, eyes and lips.
- A runny nose or congestion of the nose.
- Shortness of breath and difficulty breathing.
- Anaphylactic shock (anaphylaxis).
If you suffer any two or more of these symptoms after eating peanuts, you may have some level of allergy. You should consult with your GP. If you have serious symptoms, visit the Accident & Emergency Department at your local hospital right away.
How Severe Are Can Your Allergic Reaction Be?
The type of payout that a personal injury lawyers could help victims win as part of peanut allergy compensation claims depends on how severe the reaction was. The severity of an allergic reaction can range from trivial, through to fatal. However, the watershed for what is a minor incident and what is a severe incident, would be whether the victim required hospitalisation. Some allergic reactions can be handled by the sufferer, using medications such as an EpiPen in the most extreme cases. Others will incapacitate the victim, and require the help of the emergency services to get the victim to a hospital as soon as possible.
You can find some general information about food allergies, published by the NHS at this link:
Peanut Anaphylaxis Reactions
Anaphylactic shock, or to give it the proper medical name, Anaphylaxis, is an acute form of allergic reaction, whereby the body responds to the reaction as if dealing with exposure to a highly toxic substance. The symptoms of anaphylaxis can include:
- A general feeling of unease.
- Dizziness or vertigo.
- Pins and needles or tingling sensations in the extremities.
- Itching and swelling of a localised area.
- A quickly spreading, red rash or hives.
- Wheezing and difficulty breathing.
- Loss of consciousness.
Anaphylaxis is a very dangerous medical condition, and will always require that the victim is hospitalised for treatment as soon as possible. If left untreated, the victim will eventually become unconscious, and their ability to breathe will lessen, eventually causing death in the most extreme cases.
In the UK, food label law is well defined and quite stringent. All food labels must clearly show that they contain any amount of the 14 primary allergens, and this includes peanuts. The label must show how much of the allergen the food contains. It also must show the primary name of the allergen. For example, if the food contains chemicals that have been extracted from nuts, it is not the chemicals that must be listed, the label must clearly state that the food within the packaging contains nuts. A failure to declare that food contained nuts could lead to a food business being held liable for claims made against them.
Am I Eligible To Make A Peanut Allergy Compensation Claim Or Nut Allergy Compensation Claim?
All peanut allergy compensation claims require the claimant to be sure that you have a viable and valid reason to make a claim. In order for you to be eligible to claim compensation, the following three statements must all be true:
- The legal entity that you are pursuing compensation must have sold you the food that caused the allergic reaction or served it to you on their own premises.
- The legal entity that you are pursuing compensation must have failed completely to inform you that the food contained peanuts.
- The food that the claim is based on must have been the sole cause of the allergic reaction.
If these three statements are true in your own case, then Accident Claims UK should be able to help you make a claim. Speak to one of our team on the number below, and they can help you to get your claim started right away.
What Evidence Do You Need To Make A Peanut Allergy Compensation Claim Or Another Nut Allergy Compensation Claim?
In order to have the best chance of winning nut allergy compensation, you should attempt to provide as much evidence as possible to support your claim. This could include:
- If anyone was present who heard you ask whether the food had any peanuts in it, provide their contact details so they can be used as witnesses.
- If anyone was present when you had the allergic reaction, and saw what happened, provide their contact details so they can be used as witnesses.
- Information related to the medical treatment you received, doctors who treated you or the hospital you were treated at.
- If you can, try to get a copy or photograph of the menu in the restaurant where you ate the food that caused the allergy.
- If the reaction was caused by you purchased in a shop, make sure that you keep the packaging and the label, and also the receipt for paying for the food.
Evidence and proof such as this will streamline the claims process. Once you are ready to proceed with your claim, talk to one of the Accident Claims UK team on the number below, they will be ready to help move your claim forward.
Damages You Can Claim For After Suffering An Allergic Reaction? What Peanut Allergy Compensation Could I Receive?
When a personal injury solicitor is successful in processing your peanut allergy claim, the settlement that you receive is going to be made up of several different types of damages. For example:
- Special damages (for financial losses and other non-physical losses):
- Lowered future earning potential.
- Loss of current or past income. (loss of earnings)
- Cost of hiring medical or home help.
- Medical fees for private medical care.
- Travel costs that you have encountered.
- General damages (for all of the physical aspects of your allergic reaction):
- Loss of life quality (loss of amenity) due to permanent disability.
- Long recovery period and painful treatment.
- Psychological injuries such as post-traumatic stress disorder.
- Pain and trauma of the initial reaction and the emergency medical care you were given.
- Mental trauma caused by the shock and stress of the incident.
If you would like to know just which types of damages might be applicable in your own case, speak to one of the Accident Claims UK team on the number below. They will go over your claim with you, and once they know enough about your circumstances, they will be able to let you know what types of damages might apply in your own claim.
How Much Nut Allergy Compensation Can I Claim For An Allergic Reaction To Peanut?
We have not included a personal injury claims calculator on this page. Instead, we have provided you with the table below. It shows the level of compensation that could be claimed for different severities of allergic reactions.
|Illness/Damage Resulting From Non-Traumatic Injury e.g. Food Poisoning (i)
|Severe toxicosis that may require hospital admission and causes vomiting, diarrhoea and acute pain.
|£38,430 to £52,500
|Illness/Damage Resulting From Non-Traumatic Injury e.g. Food Poisoning (ii)
|Vomiting and diarrhoea that lasts for 2-4 weeks with bowel function disturbance and an impact on enjoying food for the next few years.
|£9,540 to £19,200
|Illness/Damage Resulting From Non-Traumatic Injury e.g. Food Poisoning (iii)
|Stomach cramps, discomfort, fatigue and altered bowel function with possible hospital admission for a few days.
|£3,950 to £9,540
|Illness/Damage Resulting From Non-Traumatic Injury e.g. Food Poisoning (iv)
|Cramps, diarrhoea and varying degrees of disabling pain that lasts for a few days or weeks.
|£910 to £3,950
|Psychiatric Damages (general)
|Despite a more optimistic prognosis, the person will still suffer significantly to cope with daily social and working life among other issues.
|Psychiatric Damages (general)
|The person will suffer from significant issues but the prognosis is good and improvements will have been made.
|£5,860 to £19,070
|Where the person has recovered for the most part. No grossly disabling effects.
|£8,180 to £23,150
|Virtually a full recovery within 1-2 yrs. Some minor symptoms could persist, however.
|£3,950 to £8,180
|Dermatitis and Other Skin Conditions
|A rash on one of both hands that causes itching and irritation but resolves within a few months with treatment.
|£1,710 to £3,950
If you would like to receive a much more accurate estimate of how much you might be able to claim in your own case, speak to the Accident Claims UK team on the number below. We could also help you start your nut allergy compensation claim.
No Win No Fee Peanut Allergy Exposure Claims
Are you now thinking of making a nut allergy compensation claim? If so, you may be wondering about the benefits of using a lawyer to help you. Not only could a lawyer assist you in putting together the strongest case possible for peanut allergy compensation. They could also ensure that they negotiate for the maximum compensation settlement possible for your claim. However, there is obviously a cost attached to using a personal injury solicitor. Many people are put off using legal support to make a claim because they fear the costs would be too high. However, they could make a No Win No Fee claim for compensation without having to pay a lawyer until their claim ends and compensation comes through.
How Do No Win No Fee Peanut Allergy Compensation Claims Work?
When you make a claim for compensation with a No Win No Fee solicitor, you would initially have to sign a document known as a Conditional Fee Agreement. This would dictate the success fees that the lawyer would take from your compensation payout when it comes through. If you’re worried about the amount that these success fees could be, we should tell you that they are legally capped and represent only a small percentage of your compensation. Once the agreement has been signed and sent back to your solicitor they would work on your case for you. When compensation comes through, they would deduct the aforementioned fees and the rest would go to benefit you.
If you’re worried about what happens if your claim isn’t successful, we should tell you that you would not pay the successfully in this case. Nor would you have to pay your solicitors costs in helping you with your claim.
We know you might have further questions about No Win No Fee claims. If you do, please give our team a call and we will be delighted to help you.
How We Can Help You To Make A Successful Peanut Allergy Compensation Claim
Accident Claims UK has a long and successful track record or securing significant compensation settlements on behalf of our clients. Our aim is always to get you’re the most compensation that we can, in a way that maximises your chances of your claim being successful.
We are never more than a phone call away to answer any questions you have about what we have been doing for you or to give you an update on the status of your claim. We use simple English to explain everything, with no legal jargon. If you are ready to proceed with your claim today, or have any questions about this guide or the service we offer, then please talk to one of our team on the number below.
Contact Us To Make A Nut Allergy Compensation Claim
Have you suffered an allergic reaction to peanuts due to a third party not warning you properly about the risks? Do you believe that you have a valid case to make a claim? If so, speak to one of the Accident Claims UK team on 0800 073 8801 today. They will explain to you how we help people make personal injury claims, and then offer you some free legal advice on what you should do next.
Where Can I Find Out More About Nut Allergy Compensation?
You may find the following guides, published on this site, to be of additional use:
Learn about eye injury compensation claims and get more information on personal injury claims process with our article.
Peanut Allergy Compensation Claims FAQs
What Is Natasha’s Law?
From October 2021, there will be new legislation that food businesses must comply with. This new piece of legislation will be introduced following the fatal allergic reaction suffered by a teenager, Natasha Ednan-Laperouse. The teenager had the reaction after consuming a sandwich from Pret A Manger, which wasn’t labelled as it was sold from the site it was prepared on. Therefore, the teen did not realise it contained sesame, which she was allergic to.
The legislation’s official name is The Food Information (Amendment) (England) Regulations 2019. It required businesses that sell prepackaged foods made on the premises for direct sale to have full ingredient lists as well as allergen labelling.
Such businesses will have to provide the name of the product on the packaging, as well as a full list of ingredients, with the main 14 allergens listed in bold or a different type to differentiate them from the other ingredients.
Such changes apply to businesses located in Wales, England and Northern Ireland. Scotland is expected to make similar changes. It is hoped that this will instil the public with more confidence in purchasing such foods when they have food allergies.
Can I Sue If A Food Business Breaches Nathasha’s Law?
At the time of posting, this legislation was not enforceable. However, from October 2021, it could be possible to take action against those who do not comply with it, particularly if it causes someone to suffer an allergic reaction. If you’re unsure about whether you could have a valid claim prior to this, please call our team for advice and support.
How do you treat a nut allergy reaction?
This could depend on the type of peanut allergy reaction you experience, as well as the severity. If you are worried about your symptoms, it could be wise to seek medical advice.
Can I claim peanut allergy compensation from a takeaway?
You could claim peanut allergy compensation from a takeaway if their negligent breach of their duty of care towards you caused your reaction. Takeaways have a legal responsibility to provide customers with allergen information for 14 specific allergens. If they fail to do so, and you suffer a reaction because of this, you could claim for the harm caused to you.
If you would like us to help you work out an estimate of what could be an appropriate value for your allergic reaction settlement, we’d be happy to help. You can call us at any time.
Thank you for reading our peanut allergy compensation claims guide.