By Stephen Kane. Last Updated 19th May 2023. 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, 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.
Allergic reaction claims guide
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
- Allergic Reaction Compensation Amount
- Food Allergy Lawsuit Settlement Amounts
- What Is An Allergy?
- Proving Liability Or Negligence In An Allergy Claim
- Common Food Allergy Triggers
- Other Common Allergy Triggers
- Advice On Types Of Allergic Reaction Claims You Can Make
- Legal Advice – How To Make An Allergic Reaction Claim
- Allergic Reaction Claims With No Win No Fee Solicitors
A Guide To Claims For Allergic Reaction Compensation
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 Amount
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 an allergic reaction 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 compensation amounts for claims.
| Injury Kind | Detailed Explanation | Typical Bracket |
|---|---|---|
| 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 |
| Food allergies (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 |
| Food allergies (ii) | Food poisoning – serious but short-lived | £9,540 to £19,200 |
| Food allergies (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 |
| Spleen (b) | Minimal risk of internal infection or disorders. | £4,350 to £8,640 |
| 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 a valuation of potential compensation in your claim, or for information about the average settlement amounts in a food allergy lawsuit.
Food Allergy Lawsuit Settlement Amounts
The table of food allergy lawsuit settlement amounts seen in the table above only covers general damages. However, you may have incurred additional costs due to the allergic reaction you suffered. These could be recovered under special damages.
You can only recover costs if you can supply evidence, such as receipts or wage slips. For example, if your allergic reaction resulted in extended time away from work, you could recover your loss of earnings with your payslip or a bank statement. Additionally, if you have medical expenses not covered by public healthcare, such as prescription costs, you could also recover these as part of your allergic reaction settlement.
Call our advisors for further examples of what you could include under special damages.
What Is An Allergy?
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.
Proving Liability Or Negligence In An Allergy 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.
Common Food Allergy Triggers
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.
Other Common Allergy Triggers
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.
Advice On Types Of Allergic Reaction Claims You Can Make
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.
Compensation Claims For A Nut Allergy
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.
Compensation Claims For Allergic Reactions In Hair Salons And Beauticians
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.
Compensation Claims For An Allergic Reaction To Laser Hair Removal
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.
Compensation Claims For Allergic Reactions At Work
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.
Claims Against A Landlord For Dust Mites
Allergic reaction to dust mites
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.
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:
| 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. |
Legal Advice – How To Make An Allergic Reaction Claim
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.
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 getting legal representation 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:
- Calling 0161 696 9685
- Completing our online contact form
Advice And Resources Relating To Allergic Reaction Claims
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.
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.