Welcome to this allergic reaction claims guide. In it, we explain what could lead to an allergic reaction, when it could be fault, and, in essence, we answer the question ‘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, even fatal consequences. 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.
Can I sue for an allergic reaction? Your questions answered
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 lawyer 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
- A Guide To Claims For Allergic Reaction Compensation
- How Much Can I Claim For An Allergic Reaction?
- What Do Compensation Payments For An Allergic Reaction Include?
- What Is An Allergy?
- What Steps Should Be Taken To Avoid Allergic Reactions?
- Proving Liability Or Negligence In An Allergy Claim
- Common Food Allergy Triggers
- Other Common Allergy Triggers
- Symptoms Of An Allergic Reaction
- Anaphylaxis And Severe Allergic Reactions
- Advice On Types Of Allergic Reaction Claims You Can Make
- Compensation Claims For A Nut Allergy
- Compensation Claims For Allergic Reactions In Hair Salons And Beauticians
- Compensation Claims For An Allergic Reaction To Laser Hair Removal
- Compensation Claims For Allergic Reactions At Work
- Claims Against A Landlord Dust Mites
- I Need To Claim Allergic Reaction Compensation, How Long Do I Have?
- Legal Advice – How To Make An Allergic Reaction Claim
- No Win No Fee Allergic Reaction Compensation Claims
- How We Can Help With Allergic Reaction Claims?
- Call Our Advisors Today Regarding Allergic Reaction Claims
- Advice And Resources Regarding Allergic Reaction Claims
According to the published statistics from Allergy UK, over a fifth of the country’s population suffers from at least one kind of allergy disorder. In addition to this, in the 20 years leading up to 2012, there was a staggering 615 percent increase to the number of admissions to hospital for anaphylaxis, which can be fatal in some cases.
With these huge numbers, it’s no wonder we are more aware than ever before of what we expose ourselves to if we have an allergy. However, if someone else does not take the same care, and we are unknowingly exposed to a serious allergen, the consequences can be terrible. Even the most trivial allergic reaction isn’t pleasant, but the consequences of some can be fatal.
When can I sue for an allergic reaction?
Whether your employer has exposed you to chemicals that have caused a reaction because of poor procedures, inadequate training or other forms of negligence at work, or a restaurant has served you food with allergens when you informed them of your allergens, or you’ve eaten food pre-packaged with no mention of your allergens on the packaging, you could put forward an allergic reaction compensation claim with a personal injury solicitor, and this guide is written to show you how to do just that. Allergic reaction claims are becoming more common, as we seek to not only be recompensed for financial costs of our treatments and other expenses as well as suffering and any pain, but also to highlight the issue and stop it happening to another allergy sufferer.
Here, we answer questions about allergens, allergic reactions, the personal injury claims time limit, and why a personal injury claims calculator can’t offer an accurate guide of what you’d likely receive in allergic reaction compensation.
Allergic reaction compensation claims aren’t simple. There are varying degrees of reaction and the way compensation is calculated requires much thought. Although, as we said, allergic reaction compensation calculators are rarely even semi-accurate, we can offer you a look at the guidelines that certain reactions fit into. Don’t forget, there will be other costs added into this, so your figure is unlikely to be exactly what is on the table below, but it does offer somewhat of a view.
|Injury Kind||Detailed Explanation||Typical Bracket|
|Food allergies||Toxicosis deemed to be severe. This will usually cause severe diarrhoea, vomiting, perhaps a fever, as well as serious pain.||£33,700 to £46,040|
|Food allergies||Acute tiredness, as well as stomach cramping. Bowel functions will likely be altered, and there will be significant discomfort. This will likely last for weeks.||£3,460 to £8,360|
|Food allergies||Food poisoning – serious but short-lived||£8,360 to £16,830|
|Injuries Minor||Allergic reaction injury with complete recovery < 3 months||£1,200 to £2,150|
|Injuries Minor||Allergic reaction injury with complete recovery < twenty eight days||£600 to £1,200|
|Injuries Minor||Allergic reaction injury with complete recovery < 7 days||£200 - £600|
Although it usually comes in one payment, the compensation you receive is actually made up of more than one type of compensation. Here, we explain the different types you are likely to receive.
Can I sue for an allergic reaction and claim special damages?
These are monetary costs, that came about as a direct consequence of the incident in question. They include:
If you can’t dress or feed yourself, or you haven’t been able to take care of children that you have, then care costs will be involved. This can be paid out as compensation, usually direct to the person that performed the care services.
Whether you’ve required counselling paid for privately, or you’ve needed to pay for a prescription, then this is counted as a medical cost.
Transportation costs arising directly from the incident can form part of an allergic reaction compensation claim.
Losses in income
When you’re off sick from work, you might not get the same level of pay. You should be recompensed for this.
The actual injury (per the table above) will be assessed, and the amount of suffering you’ve had to bear. A payment will be paid for this under general damages.
When a person is exposed to an allergen they are allergic to, then the body emits an immune response. It tries to attack what it sees as a harmful substance and the effects of this attack are because of what the body is doing to try and fight off the harmful substance.
Some allergic reactions can be minor, such as sneezing or itching, whereas some can be more serious and cause breathing issues, which can prove fatal if the right treatment is not sought.
Child allergies are more common than those that appear in adulthood and some children can grow out of an allergy. However, some stay with a person for the rest of their lives.
Obviously, the best form of prevention has to be to try and avoid the allergen. However, this is not always possible. When eating out, you should inform a restaurant or eaterie that you have allergies, and they should take steps to prevent your food from being contaminated. In addition, food manufacturers and those packaging the products have a legal responsibility to provide accurate details on prepackaged foods of their allergens.
If a person aware of their triggers goes ahead and eats something clearly labelled with their allergen, then you would not be able to claim allergic reaction compensation, but if the allergen wasn’t marked on the packaging, then you could look at launching allergic reaction compensation claims.
Similarly, if it comes to hair dye or beauty product allergies, you should inform the person providing your treatments of your allergies, and they have a responsibility to avoid using those products on you. This is why a patch test should be completed before you get your hair dyed for example.
As long as you have taken steps to avoid your allergens, if a responsible party has not and you suffer a reaction, you should consider making an allergic reaction compensation claim.
We’d always advise you to get a personal injury lawyer 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.
There are various foods and drinks that can cause allergy but some are more common than others: These include:
Common for children:
- Peanut allergy
- Wheat allergy
- Milk allergy
- Soya allergy
- Egg allergy
The most common for adults are:
- Fish allergy
- Shellfish allergy
- Peanut allergy
- Walnut allergy
- Brazil nut allergy
- Almond allergy
- Pistachio allergy
The last few years have seen a rise in the media of certain allergies. While these are not necessarily new allergies, they seem to be on the rise. These include:
- Gluten allergy
- Dairy allergy
- Mustard allergy
- Celery allergy
- Seafood allergy
- Sesame allergy
- Pine nut allergy
- Meat allergy
- Fish allergy
- Fruit allergy
- Cereal allergy
One of the most common across the board appears to be nut allergies, and these are more often seen in the media as there are some high-profile cases that have made the news.
There are of course common allergies which people can suffer from that don’t come from food. Allergies from medicines can cause awful symptoms, from heart palpitations to rashes, to vomiting, and even more serious cases can lead to deaths. Chemical allergies to shampoos etc can also exist, as can insect allergies, hay fever and mould allergies.
Less common types of allergic reaction can be to hair dyes, latex, lupin allergy and even sulphur dioxide allergy.
The symptoms of nut allergies can be similar to medicine allergies or those that come from chemicals or other foods, as it is the bodies reaction to what it sees as a harmful substance and not the particular substance that dictates the reaction.
What are the 4 types of allergic reactions?
There are 4 different types that reactions are classified into – medically.
Type 1. These are immediate and they tend to release a chemical known as histamine into the body. Examples of the reaction are rhinoconjunctivitis (eye-watering) and at the other end, anaphylaxis.
Type 2. These are usually caused by what are thought of as toxins – an example is anaemia
Type 3. These are allergies that affect the blood and an example would be serum sickness.
Type 4. Delayed reactions, not provided by T-cells but by antibodies. Contact dermatitis can be included here.
If you’re wondering how do you know whether you’re having an allergic reaction, or what an allergic reaction feels like, you might want to check for the following symptoms:
- Watery/itchy eyes
- Blocked/runny nose/sneezing
- Swelling in lips, eyes, face
- Skin that is dry, cracks, or is red.
- Stomach ache, diarrhoea or vomiting
- Coughing/Wheezing/Shortness of breath
In terms of how long does an allergic reaction last, it really depends on how much of the allergen the person has been exposed to and how urgently treatment is taken. In some cases, how to treat an allergic rash might involve taking an antihistamine tablet, but in others the answer to the question what’s the fastest way to get rid of a rash would be to use a topical cream.
Anaphylaxis is one of the most severe reactions and can lead to death. Common signs of this serious condition include:
- Rapid pulse rate
- Blood pressure drop
- Constricting airway
- Throat swelling
- Difficulty breathing
Allergic reaction compensation claims payouts are often higher for this type of reaction than less serious reactions, simply because of that chance of fatality.
We can offer a wealth of advice on all types of allergic reaction compensation claim. While we deal with some of the more common allergic reaction compensation claims below, we can deal with any claim you might have for an allergy, if someone else was responsible for the incident, so if yours doesn’t appear here, do get in touch.
A common UK allergy, nut allergies can result in symptoms that often end in hospital, with some sadly ending in the fatality of the victim. It is vital that those with allergies to nuts be careful with their exposure risks for this reason.
Compensation claims for nut allergies are often against pre-packaged food producers that have not listed nuts as an allergen, or towards restaurants that were informed of the allergy but failed to offer food that was not contaminated with nuts.
Whether in first time or long-time users, hair dye poses risks to those using them. This is why patch tests must always be done before any chemical treatment in a salon is completed with dye. They should also be repeated if ingredients or chosen products change. One particular chemical used in hair dye is PPD, which could cause allergic reactions, and if used improperly could lead to allergic reaction compensation claims. There are other potential allergens in hair dye and beauty products that may also cause reactions so it’s important to exercise as much care as possible with using them. If your beautician or hairdresser were not careful and did not take all relevant precautions to protect you, then they may be held liable.
A specific beauty treatment risk, laser hair removal allergies can happen to anyone and they can be very uncomfortable to bear. Swelling, bruising or scarring could occur as a result of laser hair removal allergies, and these can have a knock-on effect on your confidence and mood; which can also be taken into account in an allergic reaction compensation claim.
You may be under the misapprehension that you can’t claim for an allergy at work, but if your employer knows about your allergy and the risks to you and does not take reasonable steps to prevent exposure, then it may be that you’d have a claim. Under the Equality Act of 2010, it has been an argument in the past that allergy sufferers can be classed in some cases as disabled, and should be treated as so. This is why it’s wise to have a good lawyer on your side if you’re considering a claim.
Dust mites can be exacerbated by mould, so if a landlord is aware of a mould problem, and they fail to correct it, and dust mite allergic reaction occur, it may be possible for you to launch allergic reaction compensation claims. This can be somewhat complex, so make sure you have good legal representation on your side to help you.
Want to know how long you have for allergic reaction claims? Then why not check out the table below:
|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.|
The steps you need to take for making allergic reaction claims are detailed below:
- 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?
- 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.
- Gather evidence – Whether proof of financial implications from the incident, to costs of medical treatments, to witness detail or packaging from food and receipts etc – the more the better.
- Call Advice.co.uk for advice on what to do next.
This is an excellent way to start an allergic reaction compensation claim. All you are required to do is discuss with your lawyer the percentage of compensation they will require from the eventual settlement. Once an agreement has been signed, your lawyer will begin the case. Once a successful claim has been settled, you’ll receive the bulk of the compensation, with the lawyer’s fee taken from the settlement at the percentage agreed.
What happens if I don’t win? You might be worried about this but needn’t be. If you don’t get a settlement, then the percentage is going to be £0, so there will be nothing for you to pay.
We know allergic reactions are terrifying in some cases, and we want you to get the help you need to be compensated for your tough time. We are able to offer advice on whether you have a claim, how to proceed from then on in, and even give you an idea of the type of bracket your claim might fall into. We can help match you with a great personal injury solicitor with allergy experience who can fight your case to a successful conclusion. How do we do this? See below:
|Speak to Advice.co.uk||Your position will be assessed||If you want, we can help begin the claim|
0161 696 9685 is the number to call to reach the Advice.co.uk team. We can quickly and simply take some details, offer advice and help to begin your claim. We offer free advice to all who call, and we’re ready and willing to speak to you now to help clarify your position and get you some help with an allergic reaction compensation claim. Why wait?
Allergy UK – A charity for allergy sufferers.
NHS allergy Advice – Get some help for your allergic reaction here.
Food Safety – This is important advice on food safety.
FAQ Relating To Can I Sue For An Allergic Reaction?
Can I sue for an allergic reaction if it isn’t treated appropriately?
You are entitled to receive a safe standard of care when receiving medical attention for an allergic reaction. If you suffer medical negligence that makes your reaction worse, or makes it harder to treat, you could have a claim for clinical negligence compensation. You would need to be able to evidence that the level of care fell below what could be considered safe, and that but for the negligence you’d experienced, your reaction would not have been as bad as it was. However, you would not be claiming for the initial reaction, but for the worsening caused by the medical negligence. If you’d like to talk to us about such a claim, we’d be glad to assist you.
How common are allergic reaction claims for medical negligence?
Unfortunately, we don’t have statistics for this. However, the graph below shows the amount of clinical negligence payouts made in 2020-21 according to NHS Resolution.
Can I sue for an allergic reaction to a ready meal?
If you have purchased a ready meal, it should have allergens listed in bold or another identifiable font on the packaging. If this does not happen, you could unknowingly consume an allergen. If this happens to you and you experience an allergic reaction, you could be eligible to claim compensation for your suffering and pain, and any costs associated with your reaction. Please don’t hesitate to speak to us about making such a claim, as we would be happy to do so.