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How To Make An Allergic Reaction Compensation Claim

If you’re wondering ‘can I claim compensation for an allergic reaction?’ then you’ve come to the right place.

There are many different allergies that people have to deal with every day of their lives. From nut allergies to egg or milk allergies the list is quite long, and it means that those affected have to be very careful and selective any time they buy food or other products that could affect them.

This guide is going to explain when you may be entitled to allergic reaction compensation if somebody else is to blame for the allergic reaction, how to claim using a No Win No Fee service and the types of compensation payments that can be made in such instances.

Legal Expert have specialist personal injury solicitors within an experienced team who can help with compensation claims for an allergic reaction when someone else was to blame. If you’d like to begin a claim with us based on proving negligence, then please call us today on 0800 073 8804.

If you’d like to know more then please carry on reading this useful guide which will provide you with all the information you’ll need.

Allergic reaction compensation claims

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What Is An Allergic Reaction?

An allergic reaction happens when the body’s immune system decides that the allergen as though it’s a harmful substance. In effect, the body has decided that a certain substance is bad for the body and wants to get rid of it.

Some allergic reactions have a minor, if somewhat irritating, effect on the body such as sneezing but some are much more serious which we’ll explain later in this guide.

Allergies are more common in children and in some cases the allergy goes away later in life, but some will remain for the rest of their life. If you or your child has been injured as a result of third-party negligence and you’re wondering ‘can I claim compensation for an allergic reaction?’, please get in touch today.

Could I make allergic reaction compensation claims?

If you suffered an allergic reaction and you can prove that a third party’s negligence was to blame, then you could be entitled to compensation for your suffering by making a personal injury claim.

Are you unsure about what the term negligence entails? If so, here’s a short checklist you can use to determine whether you’ve experienced it:

  1. Did the third party in question owe you a legal duty of care?
  2. Did they fail to uphold this legal duty of care?
  3. Did you suffer some sort of damage as a result of that failure?

If you answered yes to all of these questions, you could have grounds to make a valid claim. Did a restaurant fail to adhere to food health and safety laws resulting in your meal being contaminated with an allergen? Or did your GP mistakenly prescribe you with medication that they know you’re allergic to? Whatever your situation, please get in touch today for a consultation about your case and get some free legal advice on what to do next.

Can I claim if restaurant negligence caused my allergic reaction?

A restaurant is not liable for controlling your food allergy, but they still have a duty of care to you when you eat there. If you order something that is said to be free of allergens but suffer an allergic reaction, then you could claim compensation from the restaurant. 

Common Allergies Which People Could Suffer From

According to the NHS, while some people don’t suffer from any allergies at all they are estimated to cause problems for 1 in 4 of us. Mostly, the common allergies, have mild symptoms and don’t cause anything other than irritation but others cause great suffering.

If this suffering was a result of third party negligence, you may be wondering ‘can I claim compensation for an allergic reaction?’. To find out more, please continue reading or get in touch today about making a claim.

Some of the more common types of allergies include:

  • Chemical allergies – these can be caused by allergens found in products like soaps or shampoos.
  • Medicine allergies – whenever you buy products from a pharmacist you may be asked if you’re allergic to them as some people suffer from aspiring, antibiotic or ibuprofen allergies.
  • Food allergies – these are very common. Some types of food allergies include nuts, dairy, fruit, shellfish and eggs allergies.
  • Insect stings – there are lots of stories in the press that highlight the danger of insect stings to some people.
  • Dust mite allergies
  • Hay fever – this is a very common allergy that can affect people at different times of the year when grass and tree pollen is prevalent.
  • Mould allergy

The graph below provided by the Food Standards Agency shows that more people each year are admitted to hospital for food hypersensitivities (which include allergic reactions) than through disease spread by food, although the hospital stays for those experiencing allergic reactions is often shorter. While these statistics don’t include non-food allergies, it gives us a good idea of the prevalence and danger of allergic reactions.

Food allergy hospitalisations statistics graph

Source: https://www.food.gov.uk/sites/default/files/media/document/fsa170306.pdf

This is just a sample of the more common allergies that can lead to a compensation claim so don’t worry if yours isn’t listed as we can still help. If you’re wondering ‘can I claim compensation for an allergic reaction?’, please call our team to discuss your situation.

Less Common Types Of Allergic Reaction

There are some less-common allergies that still can have a devastating effect on people who suffer from them and, if they’ve been caused because of someone else’s negligence, can still lead to a claim for compensation. These include:

  • Hair dye allergies – If you’re allergic to chemicals in hair dyes you may experience blisters, itchiness and swelling of the face or scalp, stinging, burning, swollen hands, eyelids or lips and a red rash.
  • Latex allergy – Latex is commonly used in rubber gloves and condoms but also in a lot of medical products and instruments. It usually develops over a period of use rather than the first time and can lead to itching, swelling, redness and eczema.
  • Lupin Allergy – Lupin is in the same family as peanuts and most people don’t have any problems eating it but it can lead to mouth blisters, breathing difficulties asthma symptoms.
  • Sulphur dioxide allergies – sulphites found in drinks and food (usually as a preservative) can cause those with asthma to suffer.

There are too many types of allergic reactions to list here but Legal Expert are able to help with any type when the claimant hasn’t been informed that a product contained the allergen either via the product labelling or verbally. If you’re wondering ‘can I claim compensation for an allergic reaction?’, please get in touch with us today for more information about making a claim.

Symptoms Of Allergic Reactions

The symptoms of an allergic reaction usually happen within minutes of exposure to the allergen and mostly mild, but some can take a few hours to develop and cause serious symptoms.

According to the NHS, the most commonly seen symptoms of allergic reactions include:

  • Itchy or watery eyes
  • Sneezing and a blocked or runny nose
  • Swollen lips, eyes, face or tongue
  • Dry skins, with cracks and redness.
  • Nausea, vomiting, diarrhoea or general stomach pain
  • Shortness of breath, wheezing or coughing

Some very severe allergic reactions can lead to anaphylaxis (or anaphylactic shock) which is the type of allergic reaction associated with fatalities caused by allergies.

Symptoms of anaphylaxis are:

  • Blue lips and or skin
  • Unconsciousness
  • Breathing difficulties
  • Swelling in the mouth and throat (causing breathing difficulties)
  • Confusion

If any of these symptoms exist or you suspect anaphylactic shock, then medical treatment should be sought immediately via 999 emergency services as it can be life-threatening. If you are experienced in using one, then an adrenaline auto-injector can be used at the first signs of anaphylaxis.

If a third-party was responsible for this ordeal, you could be wondering ‘can I claim compensation for an allergic reaction?’. To learn more, please continue reading or get in touch today.

Allergic Reaction Compensation Claims We Can Help You Make

In the next few sections, we’ll explain some of the most common claims of this type that we deal with. It is important to note however that we can help with claims not listed here as well so if you don’t see an allergic reaction that you’ve had listed, please call us to discuss your individual case.

Food Allergy Compensation Claims

We can help with food allergy claims that have happened in a restaurant, bar, fast food outlet or even for takeaway food bought in a supermarket or coffee shop and could be caused by insufficient labelling or cross-contamination where food is stored or cooked in the same place as an allergen has previously been used.

Common food allergies include:

  • Nuts (see below)
  • Eggs
  • Dairy
  • Soy
  • Cereal
  • Fruit
  • Gluten
  • Celery
  • Seafood
  • Mustard

Other allergies involving food exist and if any allergen is used in the preparation or as an ingredient in a meal then the product or menu should clearly indicate that this is the case. If the allergen isn’t highlighted, then you may have a valid reason to claim compensation against the company that sold you the product.

If you’ve suffered an allergic reaction to nuts and believe a third party were to blame, you may be wondering ‘can I claim compensation for an allergic reaction?’. To learn more, check out the next section or get in touch today.

Nut Allergy Compensation Claims

Nut allergies are one of the most common types of food allergies seen in the UK and can lead to very serious symptoms which can result in in-hospital treatment and, in some unfortunate cases, fatalities.

Those suffering from nut allergies are very cautious about what food they eat and have to check the ingredients of any product very carefully before purchasing.

The cases that usually lead to claims are where the nut ingredient isn’t listed or the product that has led to the reaction didn’t contain nuts but was cooked or prepared in a place where nuts had previously been used. It can only take a very small trace of nuts to trigger an allergic reaction.

If you’ve suffered an allergic reaction to hair dye and believe a third party were to blame, you may be wondering ‘can I claim compensation for an allergic reaction?’. To learn more, check out the next section or get in touch today.

Hair Dye Allergy Injuries

Hair dye injuries can happen to first-time hair-dyers or long term users and can result in symptoms including itching, burning, swelling (face, neck, eyes, back and hands), bald patches or hair thinning and general pain.

There are some ingredients used in hair dyes that have been highlighted as possible causes of allergic reactions such as Para-phenylenediamine or PPD which is a chemical that is banned from being used on the skin but acceptable in hair dyes that don’t touch the scalp.

If you suffer from a hair dye allergic reaction you should seek medical advice, get any treatment required and ensure that you keep hold of the product packaging, receipt and photograph your injuries as this could all be used as supporting evidence in any claims.

If you’ve suffered an allergic reaction to laser hair removal and believe a third party were to blame, you may be wondering ‘can I claim compensation for an allergic reaction?’. To learn more, check out the next section or get in touch today.

Laser Hair Removal Allergic Reactions

Laser hair removal is a fairly common routine these days with people often having hair reduced on their legs, upper lip, chin, armpits and bikini line. In most cases the treatment is successful, and the results are as expected.

In some cases though, side effects above and beyond the normal itchiness and redness can occur such as swelling and bruising. Also, a different type of claim could be raised if there is any burns or scarring caused by the treatment.

If you’ve suffered an allergic reaction immediately after, or even a few days after laser hair removal then please call to discuss a No Win No Fee claim.

If you’ve suffered an allergic reaction in the workplace and believe a third-party were to blame, you may be wondering ‘can I claim compensation for an allergic reaction?’. To learn more, check out the next section or get in touch today.

Hay Fever And Allergies In The Workplace

Allergies caused by, or that happen in the workplace, can be complex cases to determine and it is recommended that you use a specialist personal injury lawyer, like Legal Expert, to determine the employer’s responsibility for your condition.

It has been argued, in some cases, that somebody with an allergy could be classed as disabled under the Equality Act 2010 (which means the employer would need to make changes to the workplace), but this is quite difficult to determine.

An employer could be expected to make reasonable adjustments for an employee with an allergy such as moving them to a different location, changing the role of the employee or providing special equipment to mitigate the cause of an allergy. This could simply be something like replacing latex gloves with an alternative.

If you believe your employer has caused you to have an allergic reaction, you may be wondering ‘can I claim compensation for an allergic reaction?’. To learn more, why not speak to our team to discuss the chances of successfully making a claim against them.

Allergic Reactions To Beauty Treatments

Any beauty treatment, whether applied by a beauty professional or bought over the counter at home could lead to an allergic reaction.

These could include itching, swelling, burning, hair loss and other similar symptoms and could be caused by any beauty product including lipsticks, shampoos, perfumes or hair treatments.

The main reason for making claims would be that there was no warning of the possible side effects or that the product contained a particular ingredient that, had you known, you’d have avoided.

If you’ve suffered an allergic reaction to dust mites and believe your landlord was to blame, you may be wondering ‘can I claim compensation for an allergic reaction?’. To learn more, check out the next section or get in touch today.

Can I Claim Compensation From A Landlord For Dust Mites – What Is Their Responsibility?

Dust mites are tiny and found in every property, especially found in bedding, pillows and other soft furnishings. They can cause problems for people with asthma and eczema, but can compensation be claimed from a landlord if you suffer an allergic reaction?

Essentially, as dust mites are found in every property the answer would probably be no if you’ve lived in the property for a fair length of time. They can be controlled with proper vacuuming of the property and would probably be the tenant’s responsibility to keep the property tidy.

However, if a property has a damp problem, which has been reported to the landlord, but not been remedied then this can increase the population of the mites and worsen the allergic reaction. In this case, it could be possible to make a claim against the landlord for not fixing the problem that had been reported to them.

This could be a complex claim to make so please call Legal Expert as soon as possible to give us time to gather all of the relevant evidence.

If you’ve suffered an allergic reaction and believe a third-party were to blame, you may be wondering ‘can I claim compensation for an allergic reaction?’. The next section will take a look at the different types of compensation you could claim.

What Damages Can I Claim Compensation For After An Allergic Reaction?

If you’re wondering ‘can I claim compensation for an allergic reaction?’, there are a number of different parts of any compensation claim can include. Each element will either be for a financial loss incurred because of the allergic reaction, known as special damages, or for the actual pain and suffering caused. The parts of a claim that your solicitor will make are:

  • General damages: this is the part that deals with pain and suffering. There are a range of values agreed so the solicitor has to show how severe your injuries were by providing medical evidence and records.
  • Care costs: If you require help while you’re recovering from your reaction then you can include the costs of this care.
  • Travel costs: These could include the cost of travelling to and from any medical appointments you have to attend caused by your allergic reaction.
  • Medical bills: Such medical bills could be for prescriptions or other over the counter medical treatments can be claimed back, receipts should be kept as evidence.
  • Loss of earnings: If you have to take unpaid time off from work while you’re either receiving treatment or recovering from your reaction then this loss of earnings could be included in the claim. In the case of a fatal allergic reaction, where the claimant was the main breadwinner in the family, it could be possible to gain a high compensation payout to cover the future loss of earnings.

Each claim is different and your solicitor will work out which parts of the claim need to be made on your behalf.

You may be tempted to use a compensation calculator to see how much you could be owed. For more information on the amounts that could be paid out in compensation, please read on to the next section.

Allergic Reaction Compensation Personal Injury Calculator

You may have read about personal injury claims calculators online but, to be honest, there’s no such thing, as each and every case is pretty much unique. Once we’ve spoken to you and understand the exact details of your claim, we can provide an estimate of how much compensation your claim could be worth.

That said, the General Damages element of a claim, is pre-defined and so the table below shows what range of amounts certain symptoms could be paid:

Updated July 2021.

Edit
Type Of Injury Specific Details Range of Compensation Payments
Severe toxicosis Pain, vomiting, diarrhoea and fever. Often requires hospital admission for up to a few weeks. Impacts ability to work and enjoy life. £36,060 to £49,270
Serious allergic reaction Short-lived illness, diarrhoea and vomiting. Lasts around 2-4 weeks but impacts can linger for 1 year or more. £8,950 to £18,020
Less serious allergic reaction Discomfort, cramps, fatigue and altered bowel function. Complete recovery within 1-2 years. £3,710 to £8,950
Minor allergic reaction Disabling pain, cramps and diarrhoea lasting up to a few weeks. £860 to £3,710
Less severe psychiatric damage Trauma affects day-to-day life and sleep. £1,440 to £5,500
Moderate psychiatric damage Marked improvement of trauma with good prognosis. £5,500 to £17,900
Less severe post-traumatic stress disorder Full recovery made within 1-2 years. £3,710 to £7,680
Moderate post-traumatic stress disorder Large improvement made with no severe persisting symptoms. £7,680 to £21,730
Moderately severe post-traumatic stress disorder Professional help required. Disabling impacts of trauma lasting for the forseeable. £21,730 to £56,180
Severe post-traumatic stress disorder A life-altering psychological reaction to a traumatic experience. £56,180 to £94,470
Mental anguish Fear of impending death. £4,380
Less severe brain damage Good recovery made, allowing return to work and the like. Lasting impacts include poor concentration, memory loss, bad moods, as well as day-to-day abilities. £14,380 to £40,410

As we mentioned, every case is different and it’s up to us to provide medical evidence that shows the exact severity of your injuries. Our solicitors are specialist personal injury solicitors so know what medical evidence is required to back up our claims.

If you’ve suffered an allergic reaction and believe a third-party were to blame, you may be wondering ‘can I claim compensation for an allergic reaction?’. To learn more, check out the next section to learn more about our No Win No Fee service.

No Win No Fee Allergy And Allergic Reaction Claims

If you’re wondering ‘can I claim compensation for an allergic reaction?’, the financial aspect of entering into legal proceedings can be offputting. However, no win no fee agreements remove a big barrier, for a lot of people, to making a personal injury claim. Prior to no win no fee you’d have to pay your solicitor an hourly rate. If they won the case then you got compensation and their fees were paid but if they lost the case, you’d still be left with a large legal bill but no compensation.

With our No Win No Fee service, we sign an agreement with you that specifies what fee we’ll charge if we win the case (a small percentage of your compensation). If we’re successful, then once the compensation is paid, we retain our agreed success fee and send the rest of the compensation directly to you.

If we lose the case, then you do not have to pay us anything at all. We believe this is the fairest way to make a claim and make it risk-free and stress-free for our clients.

Why Make Your Allergic Reaction Compensation Claim With Us?

As we’ve mentioned previously, our team only deal with personal injury claims and have the expert knowledge to help with your claim. We know what is needed, and what isn’t, to compile a strong case on your behalf.

Our solicitors are friendly, professional and committed to gaining you the maximum compensation you deserve. We’re available to speak to you during your case, should you have any queries or concerns.

How long do I have to make allergic reaction compensation claims?

Are you aware of the time limits that apply to personal injury claims? In most cases, there is a 3-year limitation period that applies, within which claimants must make legal proceedings if they wish to claim compensation.

This 3-year period will either begin on the date of the accident itself or the date of knowledge, which is whenever you realised that you were negatively impacted by it.

There are some other circumstances where this 3-year period can be extended. In cases where the claimant is not able to make a claim for themselves, the time limit for making a claim is frozen. However, they could be able to appoint a litigation friend to make a claim on their behalf. Once a litigation friend is appointed, the usual 3-year time limit will come into effect.

To learn whether you’re within the relevant limitation period for your case, please get in touch today for your free consultation.

Contact Legal Expert Today

If you’ve suffered an allergic reaction to laser hair removal and believe a third party were to blame, contact our team today to ask ‘can I claim compensation for an allergic reaction?’.

Now that you’ve read this guide, if you’re ready to claim compensation for your allergic reaction and want Legal Expert to act on your behalf you can get in touch by:

  • Telephone: Call our specialist advisers on 0800 073 8804 for free today
  • Email: Send a message to info@legalexpert.co.uk and we’ll get back in touch at a suitable time.
  • Live Chat: Our advisers are also available via live chat, 7 days a week.
  • Online: We’ve got an easy online form to fill in that will start your claim.

Whichever route you take in contacting us, we’ll begin your claim with a free consultation where we’ll listen to you, assess your claim and provide an honest opinion on how we rate your chances of making a successful claim for your allergic reaction. In addition, this is a way of accessing free legal advice from our specialist advisors.

Remember, any claims we agree to take on will be done so using our No Win No Fee agreement.

Allergic Reaction Compensation Claims FAQs

How bad can allergic reactions get?

Some very severe allergic reactions can lead to anaphylaxis (or anaphylactic shock), which is the type of allergic reaction associated with fatalities caused by allergies.

Symptoms of anaphylaxis are:

  • Blue lips and or skin
  • Unconsciousness
  • Breathing difficulties
  • Swelling in the mouth and throat (causing breathing difficulties)
  • Confusion

If you suspect anaphylactic shock, then emergency medical treatment should be sought immediately.

Are allergic reactions covered under workers comp?

You may have found that your allergies were a result of your employer’s negligence. If so, you could find out if you could claim by speaking with our advisors.

What to do if a customer has an allergic reaction?

If they have symptoms of anaphylaxis, follow NHS advice and get in touch with the emergency services as soon as possible.

Who is responsible for food allergies?

Some third parties owe a duty of care that makes them responsible for allergens. For example, restaurants are required by law to alert customers of all potential allergens on their menu. If they fail to do so, they could be held liable for any injuries caused.

Can I sue for an allergic reaction?

Proving that a third party owing you a duty of care failed to uphold it and you suffered an allergic reaction as a result, you could be able to make a claim against them.

Do I have grounds to make a personal injury claim?

To see whether you could be eligible for compensation, please get in touch with our team at Legal Expert today for a free consultation.

How much compensation could I be entitled to for an allergic reaction?

It’s impossible to guess how much compensation you could be entitled to without assessing your case. This is because every case is different, thus, every payout will differ accordingly. For a free assessment, please get in touch with our team at Legal Expert today.

How can a No Win No Fee agreement help me claim?

With a No Win No Fee agreement, you don’t have to pay your lawyer if they don’t win your compensation for you. Therefore, there’s nothing to lose by entering into this type of contract. What’s more, there’s no upfront or continuous fees at any point of the claims process.

Where can I find the best personal injury lawyer?

As modern technology allows lawyers to connect with clients wherever they are, there’s no need to stick to your local high street to find a law firm. Instead, the best service could be available at your fingertips, whether that be online, over the phone or otherwise.

Why not get in touch with Legal Expert today to see how we could help you? With over 30 years of experience making successful claims, our panel of personal injury lawyers has what it takes to give your case the best chance.

Additional Resources

Hopefully, this guide has provided enough information for you to decide if you would like to claim compensation or not but here are some more useful guides and articles that could help further:

Allergen Advice: A guide by the Food Standards Agency on how businesses should deal with allergens including preparation and labelling.

Information and Advice: For help with your allergies, have a look at Allergy UK’s website. It’s a charity for those who live with allergies. 

Psychological Injury Claims: If you believe your mental health deteriorated thanks to your diagnosis and symptoms, read our guide on claiming for psychological damage. 

How to Make a Misdiagnosis Claim: You may have been misdiagnosed before you discovered you suffered from allergies, adding to your distress. Read our guide to making a medical negligence claim. 

Personal Injury Claims Against your Employer: It can be difficult to make a claim against your employer, but if they breached their duty of care to you, you could be entitled to compensation.

Thank you for reading our guide on allergic reaction compensation claims. We hope we’ve sufficiently explained whether you can claim compensation for an allergic reaction.