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Peanut Allergy Compensation Claims Guide – How Much Can I Claim? – How To Claim For An Allergic Reaction to Nuts?

Last updated 21st November 2024. Allergies can cause you to suffer various symptoms such as swelling, rashes and difficulty breathing. In some cases, they can also be fatal. If you have suffered an allergic reaction due to a food establishment failing to inform you of an allergen being present, you may be eligible for compensation. Within this guide, we discuss who could be eligible to make peanut allergy compensation claims.

Within this guide, we will explain when an establishment has to inform you of certain allergens being present in food and when you could be eligible to make a claim after suffering an allergic reaction.

Furthermore, we share what evidence could help support your claim and the different types of compensation you could be awarded for a successful claim. We also share how one of our No Win No Fee solicitors could help you.

If you have any questions or would like to discuss your case, you can contact one of our advisors:

A pile of peanuts with a piece of paper that says 'allergy' in the middle of them

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A Guide To Peanut Allergy Exposure Compensation Claims

Nut allergies can be extremely dangerous. While most people experience mild to moderate symptoms, there are people that have been hospitalised and even lost their lives because of a nut allergy. This is why there are stringent regulations in place regarding how food establishments label their products.

If you have eaten something with nuts in, without any knowledge, you could be entitled to a large sum of compensation. In this peanut allergy claims guide, we will reveal everything you need to know about making a claim for nut allergy compensation with the assistance of an experienced personal injury solicitor.

We will provide you with some basic and important information regarding peanut allergies, including how a medical professional may diagnose these allergies and the different types of symptoms people experience. We will then look at what information must be displayed on the labels for food products, as well as help you determine whether you have the basis for a compensation claim and the sort of evidence you may need to make one.

If you still have queries by the time you get to the end of the guide, please do not hesitate to give us a call. We will happily provide you with more information on food safety and food allergy claims.

Can You Sue For An Allergic Reaction From Food?

You may be wondering, “can you sue for an allergic reaction from food?” This guide will provide instances in which you would be able to claim compensation for an allergic reaction. However, it’s important to remember that you would need to prove that the third party that caused the allergic reaction had a duty of care towards you.

For example, a restaurant has a duty of care to all of its customers. This includes providing information on which of the main allergens can be found in the dishes on the menu. If you ask for allergen information and the guidance you’re given is incorrect, leading to an allergic reaction, you may be able to claim.

What Peanut Allergy Symptoms Could You Suffer?

There are a number of different peanut allergy symptoms, which you can experience. Everyone is different, and we all react in different ways to allergies. However, some of the most common symptoms are:

  • Sneezing and runny nose.
  • Diarrhoea.
  • Abdominal pain.
  • Nausea.
  • Vomiting.
  • Red raised itchy rash.
  • Swelling of the lips.
  • Itchy throat, tongue, and mouth.

Most of these symptoms will occur within a matter of minutes after consuming a peanut. However, it can take up to an hour for symptoms to show in some cases.

If you suffered an allergic reaction as a result of third-party negligence, you could be able to establish grounds for peanut allergy claims. Please read on to learn more.

What Steps Can Be Taken To Prevent Peanut Allergies?

A lot of people believe that there is nothing that can be done in order to prevent nut allergies and other food allergies. However, there have been some studies into prevention. For example, there has been a study that indicates that by introducing foods containing peanuts into an infant’s diet within the first year of life is a good way to reduce the risk of a peanut allergy developing. The reason for this is that early introduction is believed to assist the immune system in terms of tolerating the proteins within peanuts. This should only be done under strict supervision by a properly qualified medical professional.

What Information Must Be Placed On Food Labels For Products Which May Contain Peanuts?

Simply put, all food and drink items sold in the UK must state if they contain any known allergens, including peanuts. This is according to the Food Information Regulations 2014. It’s therefore important that, if you suffered an allergic reaction because a label didn’t alert you that a product contained peanuts, you could have grounds to make peanut allergy claims.

Considering the severity of nut allergies, the UK government have put a number of different regulations in place to ensure that those suffering from nut allergies are safeguarded. No matter whether items are sold loose or they are pre-packaged, full disclosure is a legal requirement. This applies to everything from frozen ready meals to food served in restaurants and takeaways.

Throughout the United Kingdom, all consumer establishments are required to make consumers aware of any potential allergens present in any of the food items they serve or stock. This includes school canteens, mobile catering vans, workplace kitchens, hospital kitchens, restaurants, fast-food outlets, and pre-packaged drinks and foods.

Can I Sue For A Nut Allergy?

You may want to know further information that can help answer questions, such as “can I sue for a nut allergy?” As mentioned in the former section, all consumer establishments in the United Kingdom need to display any potential allergens on their products. If they fail to do so and you suffer as a result, you could have grounds to make a peanut allergy claim.

To make a claim, your personal injury lawyer will need to prove the following things:

  • You consumed food or drink on a third-party’s premises or purchased food or drink from them.
  • The third-party did not take the required steps by making you aware that the food contained an allergen.
  • Because of this, you suffered an allergic reaction.

If you can prove these three statements to be true, you will have a very strong chance of securing a food allergy lawsuit settlement. Aside from this, it is important to make sure that you claim within the personal injury claims time limit.

In most cases, this time limit is going to be three years from the date of the allergic reaction. There are exceptions to this rule. If you were a child when you experienced an allergic reaction and your parents did not make a claim, you will have the option to do so once you turn 18. In these cases, you have three years from the date of your 18th birthday.

What Evidence Do I Need To Make My Peanut Allergy Claim?

As is the case with any type of peanut allergy claims, you are going to need to build as much evidence as you can to make sure your peanut allergy claim is as strong as possible. There are a number of pieces of evidence that can really help to cement your argument when putting your case together. This includes:

  • The packaging of the food.
  • A photograph of the menu you used to order the food.
  • Details of any of the hospitals you attended or the doctors who treated you.
  • The names of anyone who witnessed how you reacted to the food allergen.
  • Details of any witnesses who heard you asking about whether the food contained nuts.

These are just a few examples of how you can build a strong case. Of course, not all of these will be applicable. However, anything you can gather that supports what has happened to you will beneficial moving forward.

What Can My Allergic Reaction Compensation Claim Include Damages For?

When making peanut allergy claims, your case will be assessed on an individual basis and any final figure will be unique to your case if it succeeds. It is therefore always a good idea to have an understanding of how compensation figures are calculated and what can be included in your claim.

Firstly, you will be able to claim compensation for the injury or illness itself. The payout you are awarded in this regard will be based on the medical report that has been put together by your doctor. This report will outline the allergic reaction you have experienced, stating your symptoms, how severe they were initially, and whether there will be any ongoing effects. The report will also look at your prognosis going forward and any treatment required. The severity of all of this will be used to determine how much money you are going to get.

Allergic Reaction To Peanuts – What Are Special Damages And Am I Eligible?

If your claim for a peanut allergic reaction succeeds, you may also be eligible for special damages. Special damages help you claim back any financial losses you suffer because of your allergic reaction to peanuts. For example, this could include:

  • Medical bills.
  • Travel costs to and from appointments.
  • Loss of earnings.
  • Home adjustments.
  • Home care.
  • Mobility aids.

However, in order to claim under this heading, you may need to provide evidence of your losses. Because of this, keeping proof of any expenses or losses you experience as a result of your reaction can be very helpful.

If you have been harmed because you are allergic to peanuts and it was someone else’s fault, contact our team of advisors to find out if one of our solicitors could help you.

Peanut Allergic Reaction – Personal Injury Claims Calculator

One thing you will certainly want to know if you are thinking about making peanut allergy claims is how much money you may receive. Unfortunately, it is impossible to give you a 100% accurate figure.

Every case is assessed on an individual basis, taking into account the extent of your illness, as well as any other factors relating to your case. However, we can look at some of the average food allergy compensation figures for injuries that typically relate to these claims, as taken from the Judicial College Guidelines. Please note that these figures are for guidance only and are not a guarantee.

InjurySeverityPayout
Multiple Injuries with Special DamagesVery SevereUp to £500,000 or more
Moderate Brain DamageConcentration and memory impacted with ability to work reduced.£183,190 to £267,340
Modest intellectual deficit, personality change and the like.£110,720 to £183,190
Severe intellectual deficit, personality change and the like.£52,550 to £110,720
Less Severe Brain DamageGood recovery with return to work likely but poor concentration, mood and the like remaining.£18,700 to £52,550
Digestive System - Illness/Damage Resulting From Non-Traumatic InjurySevere toxicosis resulting in fever, diarrhoea, vomiting, and serious acute pain. £46,900 to £64,070
Serious but short-lived food poisoning.£11,640 to £23,430
Significant fatigue, alteration of bowel function, stomach cramps, and discomfort. Symptoms lasting for a few weeks. £4,820 to £11,640

If you cannot find your injury above, don’t fret – you can still claim. Simply give our personal injury claim team a call and we will happily give you a better understanding regarding the sort of claim you can make.

No Win No Fee Claims For An Allergic Reaction To Peanuts

When it comes to making peanut allergy claims, there is no denying that the solicitor you work with is going to play a critical role when making sure you get the full amount of compensation you deserve. It may therefore help to hire one on a No Win No Fee basis.

A No Win No Fee solicitor is one who will only bill you if they secure compensation for you. This means you only pay for a successful service. If your case is not a success, you won’t be left out of pocket. It should also reassure you that the legal firm in question would only take on your case if it is a strong one and they will be doing everything in their power to secure a payout for you.

Contact Our Experts Today

While we hope that you have found this peanut allergy claims guide helpful, we know you may have more questions. Give us a call on 0800 073 8804. You will speak to one of our advisors, and they will happily answer all of your questions.

We can also give you a realistic depiction of the strength of your case, as well as starting the claims process for you. If you would prefer to contact us via another method, you can send an email, use the live chat feature, or you can enter your details and we will happily give you a call back.

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Where Can I Find Out More?

We have lots of great resources on our website regarding all compensation claims. Here are some you may find helpful:

Other Useful Compensation Guides

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