Allergic Reaction Injury Claims Guide – How To Claim

By Stephen Kane. Last Updated 5th January 2024. In this allergic reaction claims guide, we explain what steps could be involved if you wish to claim for an injury or illness caused by another’s negligence. We also look at what could lead to an allergic reaction and address frequently asked questions such as ‘can I sue for an allergic reaction that was someone else’s fault?’.

Being allergic to any substance means you have to take care with what you do, eat or where you go sometimes. Dealing with allergies is something people have to do on a daily basis, and for the most part, they usually manage to control their exposure to those things they’re allergic to well once they are aware that they indeed have an allergy. However, if someone is responsible for an allergic reaction to a person, then it can have serious consequences, or even lead to a fatal allergic reaction. If it could have been avoided, and the person/s that caused that reaction had a duty of care for the person with the allergy, then it is only right that you should have some sort of recourse with an allergic reaction compensation claim.

Man with swelling lips due to an allergic reaction

Allergic reaction claims guide

Allergic reaction claims make it possible for you to not only be compensated for allergic reactions to food and laser hair removal allergic reaction, but also you can seek allergic reaction compensation claims for hair dye allergy against a hairdresser if a patch test was not completed, or seek allergic reaction workers compensation for allergic reactions at work if they could have been prevented by your employer. The guide below answers the most frequently asked questions about allergic reaction compensation, along with an overview of the possible allergic reaction compensation amount, what compensation for allergic reaction can include, and how to lodge an allergic reaction lawsuit with a personal injury solicitors that provides a No Win No Fee service.

You can call Advice.co.uk on our helpline – 0161 696 9685 – at any time to gain clarification on any part of this guide, but many questions are answered in the sections below, so it is well worth reading first.

Select A Section

  1. Types Of Allergic Reaction Claims You Can Make
  2. Allergy Lawsuit Settlement Amounts
  3. Proving Liability Or Negligence In An Allergy Claim
  4. Legal Advice – How To Make An Allergic Reaction Claim
  5. Allergic Reaction Claims With No Win No Fee Solicitors

Types Of Allergic Reaction Claims You Can Make

There are numerous scenarios where an allergic reaction could occur and lead to a claim for compensation. However, whether you have valid grounds to start an allergic reaction claim depends on whether another party breached a duty of care they owed you and caused you to suffer harm as a result. The type of allergic reaction claims we can assist with include the following:

  • Food allergy claims – Food businesses need to provide allergen information in writing if they sell or provide food to customers directly. They can do this by providing a full allergen menu or a written notice explaining clearly how customers can obtain allergen information. If you suffer an allergic reaction to food in a restaurant or pub food, for example, then you may have grounds to claim compensation against the provider if they failed to take steps to provide you with the appropriate allergy warning. 
  • Allergic reaction to medication claims – If you are given medication that you have a known allergy to due to a medical professional failing to check your medical history, and suffer an avoidable allergic reaction you may have grounds to make a medical negligence claim. Medical professionals owe a duty of care to all their patients to provide the correct standard of care and to prevent them from experiencing unnecessary harm. 
  • Allergic reaction at work claims – Under legislation including the Health and Safety at Work etc. Act 1974, employers owe their employees a duty of care to take reasonable steps to protect them from harm while they’re working. As part of their duty, employers may need to take steps to protect staff from certain allergens in the workplace, such as pollens, dust or certain chemicals. This could be through the provision of personal protective equipment. If there is a failure to do so, and you suffer harm, you may be able to claim against your employer.

For more advice on what types of allergy claims can be made and how we can help, contact our team of advisors for free today.

How Long Do I Have To Claim For An Allergic Reaction?

Want to know how long you have for allergic reaction claims? Then why not check out the table below:

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Type of accident typical time limit
Work accident claims 3 years from the incident – please check if there are exceptions to your case by calling us.
Industrial disease/s 3 years from the diagnosis or knowledge of your reaction being related to the industry – please check if there are exceptions to your case by calling us.
Accident/s involving criminal behaviour 2 years from the incident – please check if there are exceptions to your case by calling us.
Traffic accident/s 3 years from the incident – please check if there are exceptions to your case by calling us.
Slip/trip/fall 3 years from the incident – please check if there are exceptions to your case by calling us.

Allergy Lawsuit Settlement Amounts

In a successful claim, your allergic reaction settlement can include compensation for both the distress or illness caused by your allergic reaction and for any related financial losses.

The amount of compensation awarded for the pain and distress of an injury is known as general damages. To show you how this type of compensation can be awarded in a claim, we have created a table of injuries and compensation examples using figures from the 16th edition of the Judicial College Guidelines (JCG) released in 2022. While these should only be viewed as examples and not a set figure of what you will be awarded, the JCG can help guide a valuation for your injuries as it is a publication commonly used in assessing allergic reaction compensation amounts for claims.

Take note that the first entry in this table is an estimated figure that is not based on the JCG.

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Injury Kind Detailed Explanation Typical Bracket
Multiple Serious Injuries Plus Special Damages If you have valid grounds to claim for multiple serious injuries, then you may be compensated for all of these as well as related special damages, such as the cost of home care provisions. Up to £250,000+
Kidney (a) Loss of both kidneys or both are damaged permanently. £169,400 to
£210,400
Kidney (b) Risk of loss of natural functioning or future urinary tract infection. Up to £63,980
Kidney (c) One kidney will be lost while the other experiences no damage. £30,770 to
£44,880
Illness/Damage Resulting from Non-traumatic Injury, e.g. Food Poisoning (i) Toxicosis deemed to be severe. This will usually cause severe diarrhoea, vomiting, perhaps a fever, as well as serious pain. £38,430 to £52,500
Illness/Damage Resulting from Non-traumatic Injury, e.g. Food Poisoning (ii) Food poisoning – serious but short-lived £9,540 to £19,200
Illness/Damage Resulting from Non-traumatic Injury, e.g. Food Poisoning (iii) Food poisoning likely to cause stomach cramping. Bowel functions will likely be altered, and there will be significant discomfort. This will likely last for weeks. £3,950 to £9,540
Spleen (a) Immune system damage results in a continuing internal infection risk and disorders from spleen loss. £20,800 to
£26,290
Dermatitis (a) Dermatitis that impacts employment along with domestic capability that could last indefinitely. £13,740 to £19,200
Dermatitis (b) Treatment and/or wearing gloves for specific task may settle dermatitis, but it will continue for a significant amount of time. £8,640 to £11,410

We’ll explain more about the types of financial losses you can include as part of your claim below. However, our advisors are available if you are looking for more info about how much compensation for a food allergy claim or another type claim may be offered.

Proving Liability Or Negligence In An Allergy Claim

We’d always advise you to work with experienced personal injury solicitors for your allergic reaction compensation claims, simply because they have the experience to know what they need to prove liability in these cases. For a claim to be proven the following needs to be satisfied:

  • The person/entity concerned does owe you a duty of care
  • They were not living up to that duty
  • Your allergic reaction was caused by this action/inaction by the person/entity

If you can prove this, either with photographs, witness statements, documentation, proof of packaging of food, or a combination of these, then you might have all you need – with a lawyer – to launch your allergic reaction claim.

Legal Advice – How To Make An Allergic Reaction Claim

The steps you need to take for making allergic reaction claims are detailed below:

  1. Seek medical attention. We’re pretty sure you’d have done this already, but it is very important to your case that you do so – if you can’t prove a reaction, who is to say you have had one?
  2. Write down what’s happened – This will help as time goes on, as you can refer to this if you’re asked any questions and can’t remember quite what happened.
  3. Gather evidence – Whether proof of financial implications from the incident, evidence of medical expenses, to witness detail or packaging from food and receipts etc – the more the better.
  4. Call Advice.co.uk for advice on what to do next.
Allergic reaction claim

Woman having allergic reaction in public area

Allergic Reaction Claims With No Win No Fee Solicitors

If you plan to claim against a liable party for an allergic reaction, then we recommend you seek legal advice from a solicitor who has experience with this type of claim. If you contact our advisors about your allergic reaction claim, they may connect you with one of the solicitors on our panel who could help you, provided you have a valid case.

Additionally, one of them may offer to work with you on a No Win No Fee basis with a Conditional Fee Agreement (CFA). When working with a No Win No Fee solicitor under such an agreement, you won’t be required to pay any legal fees upfront. Also, you won’t need to pay any fees when your case is being processed. If your claim is unsuccessful, you usually won’t pay for their services.

If your allergic reaction claim is successful, a success fee is taken from the compensation awarded to you. This fee is a legally capped percentage of your compensation that is taken by the No Win No Fee solicitor working on your case.

You can contact our advisors today if you have any additional questions about allergic reaction claims or about working with a No Win No Fee solicitor. You can reach us by:

Advice And Resources Relating To Allergic Reaction Claims

If you’re seeking further advice on allergic reaction compensation amounts or other related matters, then please get in touch with our advisors. You can reach us by using the contact information found within this guide.