By Stephen Hudson. Last Updated On 11th June 2024. In this guide, we discuss making food allergy compensation claims. Firstly, we look at when you could be eligible to make an allergic reaction compensation claim and what criteria you must satisfy. This is followed with a look at how eligible parties can claim compensation on behalf of a loved one who died as a result of an allergic reaction.
All allergic reaction compensation claims must be filed within the personal injury claims time limit. We explain what this is and what exceptions may apply. Additionally, we take a look at the evidence you could gather to help support your claim. We also look at how compensation could be awarded in a successful allergic reaction claim.
To conclude this guide, we look at how you can instruct a food allergy solicitor on a No Win No Fee basis to help support you through the claims process if you meet the eligibility criteria.
If you have any questions about making a claim for food allergies, one of our advisors could help. They’re available 24 hours a day, 7 days a week.
To discuss food allergy claims:
- Call 0800 073 8804
- Fill in our claim online form and an advisor will get back to you.
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Select A Section
- When Am I Eligible To Claim For A Food Allergy?
- Wrongful Death Due To A Food Allergy
- Time Limits For Making Food Allergy Compensation Claims
- Evidence That Can Support Food Allergy Compensation Claims
- Food Allergy Compensation Calculator
- No Win No Fee Allergic Reaction Compensation Claims
When Am I Eligible To Claim For A Food Allergy?
When you are in a restaurant or cafe, the party responsible for that restaurant or cafe must take steps to ensure your reasonable safety while you are on their premises. This is the duty of care that those responsible for public places must follow as set out in the Occupiers’ Liability Act 1957.
There are other laws and regulations that catering services must adhere to. The Food Standards Agency (FSA), whose role is to safeguard public health and protect consumer interests in regard to food, set out some regulations to help prevent some allergic reactions. In their allergen guidance, they state that food business operators in the retail and catering sector must:
- Provide allergy information to the consumer.
- Manage and handle food allergens effectively during preparation.
- Give staff free food allergy training.
- Provide an allergen checklist for consumers, or make it clear where they can access this information.
If a restaurant or cafe fails to adhere to the FSA guidance and you suffer an allergic reaction, you could be eligible to claim compensation. However, you must have evidence that shows that:
- You were owed a duty of care.
- This duty was breached.
- You suffered an allergic reaction to food as a result of this breach.
If you would like to discuss the eligibility for allergic reaction claims, please speak to one of the advisors from our team.
Wrongful Death Due To A Food Allergy
There are cases where someone might suffer a severe allergic reaction that causes them to experience fatal harm as a result of negligence.
If a loved one has lost their life because of a food allergy, you may be able to make a claim on their behalf. For example, you must meet the relevant criteria as per the legislation in place which includes the Fatal Accidents Act 1976.
Additionally, to make a valid claim for wrongful death on behalf of someone else, you will need to establish the facts. This includes proving that the defendant has breached their duty of care, and that has caused allergies that have resulted in death.
Our solicitors have experience in food allergy claims. They can support you throughout the claims process and help you gather the evidence needed to strengthen your claim. You can call us on the number at the top of the page, chat with us using the live feature or fill out the form on this page.
Time Limits For Making Food Allergy Compensation Claims
Under the Limitation Act 1980, there’s usually a three-year time limit for starting a food allergy claim. This time limit normally starts from the date your allergic reaction occurred. But there are some exceptions.
If a minor has been harmed by an allergic reaction, the time limit will be suspended until their 18th birthday. A litigation friend can claim for them while the suspension is in place. Otherwise, they will have three years to start their own claim once they turn 18.
In circumstances where the injured party lacks the mental capacity to claim on their own, the time limit for starting a claim will be indefinitely suspended, and their claim can be made by a litigation friend.
For more advice on how long you have to start a food allergy claim, please contact our advisors for free today.
Evidence That Can Support Food Allergy Compensation Claims
To make a successful food allergy compensation claim, you will need evidence to support it. If you arrange to have a solicitor work on your claim, then they can assist with gathering the evidence you need. Evidence may include:
- Packaging of the food – If pre-packed food caused your allergic reaction, then holding on to the packaging for it can help as it could be later used as evidence.
- Copy or photograph of the menu – If the food that caused your allergic reaction was bought in a restaurant or café, then the menu could potentially serve as evidence as it will show what allergen information was or wasn’t provided by it.
- The contact details of any witnesses who can provide a statement on the details of the event that led to your allergic reaction.
- Medical records that confirm the treatment you’ve received for your allergic reaction.
- Photographic evidence of you experiencing symptoms of a food allergy, such as a rash.
Contact our advisors for free today to learn more about how our solicitors could potentially assist with your claim for a food allergy.
Food Allergy Compensation Calculator
How much you will be awarded in an allergic reaction compensation amount depends on how severely you have been affected. There are up to two heads of claim that can be awarded for any type of personal injury claim. Firstly you have general damages for the effects the allergic reaction has had on your health and then special damages for the financial losses incurred.
When determining a value for general damages, those responsible for calculating a compensation amount will use medical evidence and possibly a publication known as the Judicial College Guidelines (JCG). We have used these guidelines in the table below, as the document lists all different types of illnesses and injuries according to their severity aligned with a guideline compensation amount.
| Injury | Severity | Compensation Bracket | Notes |
|---|---|---|---|
| Multiple Severe Injuries and Illnesses and Expenses | Very Serious | Up to £1,000,000+ | Settlements could include payouts for more than one serious illness or injury and special damages, such as lost earnings and nursing care. |
| Brain Damage | Very severe | £344,150 - £493,000 | There will be little, if any, evidence of meaningful response to the surrounding environment from the victim. |
| Brain Damage | Moderately severe | £267,340 - £344,150 | The injured party will be very seriously disabled. Substantial dependence on others and a need for constant professional and other care will be required for the injured party. |
| Brain Damage | Moderate (ii) | £110,720 - £183,190 | In this bracket, there is a serious intellectual deficit and some epileptic risk. Their ability to work is either removed or greatly reduced. |
| Kidney Damage | Serious and permanent damage (a) | £206,730 - £256,780 | Both kidneys will either be lost or have serious and permanent damage. |
| Chest Injury | Damage to chest and lungs (c) | £38,210 - £66,920 | The claimant has suffered damage to their lungs that results in some continuing disability. |
| Digestive System | Illness from non-traumatic injury (i) | £46,900 - £64,070 | The claimant experiences severe toxicosis which causes serious acute pain, vomiting, diarrhoea and fever. A stay in the hospital lasting for some days or weeks is required. There will be some continuing symptoms such as incontinence, haemorrhoids and irritable bowel syndrom. |
| Spleen | Loss of spleen (a) | £25,380- £32,090 | Loss of spleen has occurred and the risk of internal infection and disorders remains because of damage to the immune system. |
| Dermatitis and other skin conditions | Dermatitis (a) | £16,770 - £23,430 | The claimant suffers dermatitis of both hands that affects employment and domestic capability. It may cause psychological problems and last for some years, or indefinitely. |
The top entry of the table is not part of the JCG.
Special Damages In A Food Allergy Compensation Claim
If your food allergy claim is a success as well, being awarded compensation under the general damages head of claim, you could also be awarded compensation under special damages. This head of claim compensates for the monetary losses, both past and future, caused by the impact of the illness.
Special damages can cover:
Loss of earnings.
Prescription and medication costs
At-home care fees
Child care
To make a claim for your financial losses, you will need to retain proof of these losses, such as receipts, invoices and payslips.
To find out what could be included in your food allergy compensation settlement, call our advisors now for free advice or use our compensation calculator.
No Win No Fee Allergic Reaction Compensation Claims
There is only one place to begin when looking for a personal injury solicitor to work with on food allergy compensation claims, and this is with the advice that you simply must go for a No Win, No Fee service. You have many different options to choose from when finding the best solicitor, and while aspects such as experience and reputation are vital, a No Win, No Fee payment agreement is extremely beneficial.
This agreement means that you will not need to pay any legal fees if for some reason the solicitor does not win compensation for you. This minimises risk by a huge amount because it ensures you do not end up in a scenario where you have spent large sums on legal fees and then you have missed out on compensation as well. This is a position that many people could not afford to be in.
To contact our advisors about No Win No Fee solicitors or other related matters, you can:
- Call us on 0800 073 8804
- Use our contact form online
- You can also reach us through our 24/7 live chat service
Further Helpful Guides And Contact Information
- FSA Site – Link to the Food Standards Agency
- FSA Resources – Link to the Food Standards Agency resource
- Restaurant compensation claims – Find out the information you might need on restaurant claims.
- Wedding food poisoning? – Poisoned at your wedding or someone else’s? Find out more about claiming.
Other Claims We Could Assist With
- How to sue a restaurant for a food allergy in the UK
- Harmed by negligence in a nursing home
- Cruise ship accident claims
- Do most injury solicitors charge a 25% success fee?
- Child accident claims
- You can also read our guide to claiming for an allergic reaction in a cafe
Thanks for reading our food allergy compensation claims guide.
