How To Make An Allergic Reaction Claim Against Wimpy

In this guide, we discuss what is an allergic reaction claim against Wimpy? Allergic reactions happen because the immune system believes that an ingredient is attacking the body. However, in realistic terms, it is the immune’s responses that cause the symptoms. In most cases, food allergy sufferers suffer mild effects that last several hours. However, at the other end of the spectrum, there are those who can experience anaphylaxis.

Wimpy allergy compensation claims guideEvery claim has a set of circumstances, unique in nature, that led to it being made. We can’t hope to cover every combination of factors in one guide. Because of this, we have made our claims team available to you on 0161 696 9685. You can call to get the answers that you need, and also find out critical information such as which personal injury claims time limit is going to apply.

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A Guide To Allergic Reaction Claim Against Wimpy

This guide is aimed at providing useful information on allergic reactions personal injury claims. Showing the criteria that must be met to ensure your case is valid and if your case is successful how your compensation will be calculated.

We begin this guide with information on how compensation for an allergic reaction claim may be calculated. We have added a sample compensation table, and we support this table by giving a list of commonly claimed types of damages.

Next, the guide switches to look at the legal situation related to the responsibilities of a restaurant or other eatery to serve you safe food. Those who provide food for consumption must abide by certain legislation. They also have a responsibility in most cases to provide accurate allergy information.

Covered then is how negligence in food preparation may cause an allergy sufferer to have a reaction that could have been avoided. We discuss whether a restaurant has a duty to remove allergens from food.

We have added some interesting allergy statistics. And you will find that we have summarised the Wimpy menu. A basic overview of making a claim using a No Win No Fee solicitor is given before we close this guide with some resource links and a short FAQ.

Free Legal Advice Is Available

We know that for some people, reading text on a page is not their preferred way of getting help and advice. And because of this, we have made sure that you can call and talk to our claims team instead. The team will answer any questions that you need to be answered, and provide you with free legal advice related to making a claim for a triggered food allergy. You will find out contact details at the bottom of the page

Calculating Compensation For An Allergic Reaction Claim Against Wimpy

It is not possible to give average compensation amounts for an allergic reaction claim. As no two claims are the same compensation is calculated on a case by case basis. Any claimant may have to attend an independent assessment which is conducted by a medical professional. After the assessment, a report is compiled that explains how the claimant has suffered and their prognosis. This is often used to put a figure on the suffering caused.

But we can give you this sample table of compensation payouts. The Judicial College in England produces guidelines. The figures in this publication are based on past cases.

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Health problem Additional Info Compensation Ranges
Severe toxicosis A severe food reaction would be covered in this bracket of compensation. Painful and possibly life-threatening symptoms are likely. Initially, emergency medical attention and hospitalisation may be required. It is likely that the victim will recover in a few weeks, but will probably continue to suffer experience some medical issues for the forseeble £36,060 to £49,270
Disabling pain This bracket would cover victims who suffer from minor reactions. The result would be discomforting symptoms. Stomach cramps, alteration of bowel and fatigue would be some of the symptoms experienced. Symptoms may have gone after days or weeks. £860 to £3,710
Serious poisoning that is short lived It would be extremely painful and uncomfortable to experience these symptoms. Initially, you may need to go to the hospital. The victim would suffer significantly between 2 and 4 weeks. Lesser symptoms may still be present after a few years. £8,950 to £18,020
Significant discomfort The compensation bracket covers moderate allergic reactions to food. People who are affected would feel some discomfort and pain. Initial symptoms may need to be treated with prescription medications. A full recovery may take a year or two. £3,710 to £8,950

A personal injury claims calculator could gauge the level of compensation you might get. Or you can organise a solicitor to value your claim for you. Please call and talk to our team for some free legal advice about how to do this.

Further Damages And Special Damages

When you receive a compensation payment, it will be in the form of a settlement that is based on a number of different types of damages. It will comprise of two main categories of damages. These are general damages and special damages. General damages cover all of the physical aspects of the claim, the pain and suffering you went through. As examples:

  • The trauma, suffering and pain at the time of the triggered allergy and if you were subjected to emergency treatment.
  • Psychological issues that are a result of the incident or of having to go through a long recovery.
  • Permanent or long-term disabilities or impairments.
  • Suffering caused by being put through traumatic or invasive medical therapies.

Special damages would be paid to you as compensation for any financial losses you either predict or have already faced. Examples of special damages might include:

  • To reimburse you for any private medical care you already paid for.
  • For lost income, if you did not receive all of your salary/wages during the time you were off work recovering.
  • Predicted future loss of income. If your medical condition will have a long-term or permanent effect on your ability to continue working.
  • Ad-hoc and out of pocket costs.
  • Care costs, for hiring a nurse to take care of you at home.

If you are going to try and claim back costs already encountered, you will need to submit suitable documented proof of spending.

What Is An Allergic Reaction Claim Against Wimpy?

There are several bodies of legislation that apply to food safety. And this includes both the Food Standards Act 1999 and the Food Safety Act 1990. And you are also covered by a whole host of rules and regulations laid out on the Consumer Rights Act 2015. It is these pieces of legislation that a personal injury solicitor may use in order to prove liability. It is law that the 14 major allergens are communicated to those who purchase food in most cases.

An allergic reaction is the immunes attack on the substance or ingredient it feels is a threat to the body. They send out an attack of antibodies. Histamine is released from cells. However, it is this response that causes the symptoms of a reaction. You may not be sure if you have a valid cause to make an allergic reaction claim against Wimpy so why not call our advisors for some free advice today.

Does A Restaurant Have To Display Allergy Warning Information?

A restaurant has a duty to communicate the 14 main allergens to its customers. A restaurant menu or a companion document should detail if the 14 primary allergens are contained in each dish. If this information is not provided, or it is wrong, you could suffer a triggered food allergy. It is vital that restaurants provide accurate required allergen information to their customers to prevent any food allergy sufferer from having a reaction. Failure to provide the required information may mean they are liable for the allergic reaction.

Negligent Preparation Of Foods

If you are an allergy sufferer, you already know the types of food you have to avoid. But avoiding these foods does not necessarily keep you 100% safe. Mistakes could be made during the cooking and preparation of food that introduces an allergen. For example:

  • Poor hygiene in a kitchen allows the cross-contamination of allergens.
  • A cook mistakenly adds the wrong ingredient to a dish.
  • Your order is confused with another, and you receive a dish that should have been prepared without a specific ingredient that actually still contains it.

In cases such as this, if you can prove that a mistake led to the harm that you have suffered, it may be possible for you to claim compensation. Our team can tell you more about this.

What Duty Does A Restaurant Have To Remove Allergens?

A restaurant is under no obligation to remove allergens from the food that it serves. Even if you ask for a specific ingredient to be removed. You might ask for no eggs, no wheat, no oats, no fish, no cheese, no tomatoes, no milk, no nuts, etc. The serving staff can refuse your request. They might be too busy to handle it, or the dish may not be able to be prepared without the specific ingredient you want to be removed.

However, if the staff do agree to prepare a dish without a certain ingredient, this must be done. If a mistake is made, and you are served the dish with the ingredient still included, your food allergy could be triggered. And in this case, an allergic reaction claim against a restaurant might be possible.

Learn More About How You Could Suffer An Allergic Reaction

You can be allergic to different foods, such as nuts or just ingredients contained within foods. Or you might be allergic to a chemical found in food, such as sulphur dioxide. When your immune system encounters this presumed poison, it creates histamine. Unfortunately, this response can also have a health impact, in the form of the symptoms of an allergic reaction. In a worst-case scenario, triggering a case of anaphylaxis. Allergens can be found in many common foods. The 14 main allergens consist of;

  • Gluten allergy
  • Celery allergy
  • Crustaceans allergy
  • Fish allergy
  • Lupin allergy
  • Mustard allergy
  • Molluscs allergy
  • Nut allergy
  • Egg allergy
  • Milk allergy
  • Tree nut allergy
  • Wheat allergy
  • Soybeans allergy
  • Sesame allergy

Could You Claim If You Didn’t Tell The Restaurant About Your Allergy?

There is no requirement for you to divulge the fact that you suffer from a food allergy to the restaurant staff. You should be provided with the 14 main allergen content of the food on sale to make safe ordering decisions.

It may be wise to let the staff know that you have a food allergy as they may have a more detailed menu for you. If you ask that an ingredient be left out of a dish the restaurant does not have to agree to do this. However, if they do agree that your meal can be made up without the ingredient you are allergic to it is vital that this request is carried out. If you are provided with your meal and the ingredient has not been removed and you have not been informed of this you could go on to suffer a reaction. This could make the restaurant liable for the suffering caused.

It is vital that you collect evidence to support any personal injury claim you want to make. Key evidence could be images of your food if the ingredient you asked to be left out is visible. Or you may have your requirements noted down on your receipt. Contact details from those who heard you make your order could prove useful. And most importantly medical records from when you sought medical advice.  

Food Allergy Statistics 2020

Allergy UK, a registered charity that deals with allergies of all kinds, has published some key findings on its website. When we look at this information we find that:

  • The UK has one of the highest prevalences of allergy sufferers. 20% of the population suffer from one or more allergies.
  • Around 40% of adults in the UK suffer from an allergy. With nearly 50% of these suffering from more than one allergy.
  • Anaphylaxis Campaign states that 1-2% of UK adults suffer from a food allergy.

Wimpy Menu Information

Wimpy UK menu. Menus may vary in different parts of the country and in different countries. This is just a sample of the types of foods produced by Wimpy.

Single Burgers

Vegan Burger

The Original Quarterpounder Cheese

Gourmet Chicken Burger

Fish Finger Burger

Big Fillers

Wimpy Kingsize

Quarterpounder Club

The Original Halfpounder

Double Wimpy Cheese Burger

Mega Burger

Grills

International Grill

Wimpy Grill

Meals

All-day Breakfast

Sausage, Egg & Chips

Fish Plates

Cod & Chips

Chicken

Gourmet Chicken Platter

A Chicken Wrap

Chicken Strips & Chips

Chicken & Bacon Bbq Wrap

Extras

3 Cheeso Rings

3 Chicken Strips

5 Chicken Strips

6 X Mozzarella Melts

No Win No Fee Allergic Reaction Claim Against Wimpy

Another name for No Win No Fee agreements is a Conditional Fee Agreement(CFA). And as the name suggests, the fee you will pay your solicitor is conditional on your claim is a success. You won’t be asked to pay any retainer or new claims fee, or any ongoing fees as the claim is being processed, no matter how long it takes. If you don’t win your claim, you still won’t pay your lawyer any fees.

If your claim is a success though, your lawyer may be due a success fee, which is limited in amount. This could be taken directly from the settlement that the lawyer was sent for you. If you need to know more about how this type of agreement works, please call and talk to one of our claim advisors. They can help you further. They will answer any questions that you have, and evaluate your claim and let you know whether it might be valid or not.

Talk To An Advisor

Do you believe that you may have a valid reason to make an allergic reaction claim against Wimpy? Or do you just need some free legal advice about the process of making a claim before going ahead? No matter what you need, you can use the number below to speak to an expert advisor.

Our claims team will go over the key areas of your case. They can also look at any evidence you have collected. If they think your case will succeed they will ask if you want a solicitor to help support your case. If a personal injury solicitor from our panel takes your case on they will offer No Win No Fee terms.

Telephone: 0161 696 9685

Or, alternatively please complete our claims form.

References

We have published more guides on this site you might find similar to this one, such as these linked below.

How To Make An Allergy Claim Against Pizza Hut

Allergy Claims Against Yo Sushy Explained

Claiming Against Nandos For A Triggered Food Allergy

Also, we have provided these reference links for you, as these sites have more useful information.

Allergen Information For The UK

Types Of Food Allergies Explained

FAQs On Food Allergies

Below you will find simple answers to common questions about food allergy claims.

How long does it take for a food allergy to go away?

You can contract a new food allergy at any time in your life. Similarly, a food allergy can stop at any time. There is no definite period that it will last, and it could last for the rest of your life.

How long does it take for an allergic reaction to clear up?

This depends on the severity of the allergic reaction. Minor cases could clear up in as little as a few hours. Severe cases could leave lingering effects for months or even years.

How do you deal with an allergic reaction to food?

If you have any symptoms of anaphylaxis it is vital that this is treated as a medical emergency. If this condition is left untreated it can be fatal.

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Published by AL.