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You are here: Carter & Carter / Case Studies / Nut Allergy Claim – Another Successful Outcome.

Nut Allergy Claim – Another Successful Outcome.

Nut Allergy reactions are surprisingly common and potentially serious. We have successfully helped lots of clients bring claims for anaphylactic shock and here is a review of just one of the cases we won……

Details of Our Client’s Nut Allergy Claim?

Our client contacted us after suffering a very serious anaphylactic  reaction arising from her nut allergy at her local Indian restaurant when celebrating her birthday.

Our client was especially aggrieved because prior to ordering her meal she had taken the trouble to explain that she suffered from a serious nut allergy and wanted to be sure that there were no nuts present in her food. The menu was silent on this and both the waiter and the manager of the restaurant reassured her that there would be no problem at all. However, no sooner had she eaten her first mouthful of food she immediately realised with horror that there were nuts in her meal and her life was in jeopardy.

Thankfully she was able to receive the urgent medical treatment that she required at her local hospital and with the right medication her condition steadily improved.

Liability Denied

The Defendant’s Insurers first denied that our client had ever even been in their restaurant and refuted the allegations in full. We fought back by presenting phone records demonstrating that our client’s family had called the restaurant to book the meal and we pressed ahead regardless of the ongoing attempts to refute the claim.

In the end, after we had disclosed the medical evidence supporting the nut allergy claim, the Defendant’s Insurers agreed to put forward proposals in settlement. They were well aware that legal proceedings would have been issued.

Our Comments

Chris Carter who had conduct of this claim had this to say:

” I am constantly amazed how on occasions defendants will seek to deny claims where they have first hand knowledge of an incident occurring yet fail to accept what happened. In these circumstances it is really case of keeping up the pressure and invariably the opponent has to acknowledge that they must deal with the consequences of their actions and agree to compensate the victim. It stands to reason that unless you have the right legal team behind you then the insurers will dig in and try their up most to scupper the chances of success.”

If you wish to discuss your potential nut allergy claim free of charge then please contact us and you may also like to have a browse on our website as we have more helpful information about bringing nut allergy claims.

 

 

 

 

 

 

 

 

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