Specialising in Nut Allergy Compensation Claims
If you have unknowingly eaten a food allergen, you may be entitled to bring a Nut Allergy Claim.
To successfully pursue a nut allergy compensation claim you will need to show that:
- You purchased the food from the Defendant or consumed the food on the Defendant’s premises, and
- The Defendant did not make you aware that the food contained a nut allergen, and
- You suffered an allergic reaction to nuts as a result of unknowingly eating the nut allergen.
So in other words Nut Allergy Claims can arise when a nut allergy sufferer complains about their meal, and it is then discovered the food did contain nuts after all even though assurances were made the food was safe to eat.
This all sounds pretty simple so far BUT………. insurers like to do all they can knock back nut allergy compensation claims.
We have been helping clients with Nut Allergy Compensation Claims for years and here are a few of the arguments we have been confronted with:
Your client did not eat at our restaurant;
There were no nuts in the food that was served;
The menu was clear and stated that the meal chosen was free of nuts;
Your Client did not tell us about their nut allergy;
Your client was fine and didn’t suffer any allergic reaction to nuts;
The list could go on but it highlights just some of the difficulties that can be encountered with these type of personal injury claims.
It also emphasises the need for an experienced solicitor specialising in nut allergy claims with an excellent track record.
It’s fair to say we fit this bill and are accustomed to winning maximum compensation (not that we like to brag at all 🙂 )
How to Quantify Your Nut Allergy Compensation Claim – General Damages
In all allergy claims there are various heads of damage or loss which make up compensation claims.
General damages are to cover the personal injury element of the nut allergy claim so this is compensation for your pain and suffering arising out of the allergic reaction to nuts.
In the context of nut allergy compensation claims we tend to find the client has a serious initial allergic reaction to nuts. But then the physical symptoms associated with nut allergies tend to settle down pretty quickly over a matter of a week or so.
Although the physical nut allergy symptoms usually settle down quickly the law recognises a severe allergic reaction to nuts which can be life threatening warrants a relatively high amount of compensation.
What Influences the Court’s Award when dealing with General Damages?
- The complete nature, severity and duration of all of the Claimant’s nut allergy symptoms including any psychological reaction;
- The initial suffering and distress the Claimant has almost inevitably suffered from (albeit commonly relatively short lived);
- Whether emergency medical treatment was administered following the allergic reaction to nuts;
- The full extent of the Claimant’s loss of amenity and this needs to be included within nut allergy compensation claims.
How to Quantify Your Nut Allergy Claim – Special Damages
Special Damages are to cover the actual expenses and financial losses you may have suffered arising out of your nut allergy claim. We will ensure that you include all the relevant special damages so that nothing is missed out. Actual expenses might include medication costs, travelling expenses to the hospital as well as any loss of income from being unable to work.
On occasions we have client’s whose pre-booked holidays were ruined because of the after effects of the just after the allergic reaction to nuts. We seek compensation for the loss of enjoyment of the holiday within nut allergy compensation claims.
How Much Compensation if You have Suffered an Allergic Reaction To Nuts?
- The trick is to make sure that your solicitor is aware of how to quantify personal injury claims in the right way and knows all relevant case law for compensation for an allergic reaction.
- In very broad terms allergy claims such as these are worth £1500 up to £2500 depending upon the severity of the reaction.
- If there is a psychological component to the injury then compensation can be much higher still.
- Each nut allergy claim needs to be assessed individually so that any aggravating features are highlighted and taken account of.
Court Case: Pursuing Compensation for an Allergic reaction – A Real Life Example
“PSLA: £2,600 (£2,614.32 RPI) Total: £2,600 (£2,614.32 RPI)
Trial date: 9/1/2020 Judge: Deputy District Judge Wright
Court: County Court (High Wycombe) Type of Award: Court Award
Most significant injury: Severe allergic reaction after eating nut-laced meal Other injuries: Ongoing anxiety for 12 months
Extent of injury: Physical symptoms of the allergic reaction lasted for one week. Ongoing anxiety about eating out or eating food that the claimant had not prepared himself lasted for 12 months. Total injury duration: 12 months
The claimant, (C), male, aged 25 at the date of the incident and 26 at the date of the disposal hearing, suffered injury as a result of eating a nut-laced meal at the defendant’s premises in January 2019. He suffered a severe allergic reaction, causing him to feel unwell and suffer extreme panic. His throat and lips swelled and he suffered a tightening sensation and widespread itching. C was treated by paramedics and taken to A&E where he was given an injection of adrenalin and anti-sickness medication to stop his vomiting. He was discharged after a few hours and prescribed antihistamines and steroid tablets. The rash that he developed and nausea lasted a few days and it took one week for the claimant to feel back to normal in terms of physical sensations. C was upset and distressed by the incident and became much more anxious about eating out or consuming food that he had not prepared himself. That ongoing anxiety was likely to last for a twelve-month period. The Judge considered the JC Guidelines 15th Edition Chapter 6(G)(b)(iv), illness resulting from non-traumatic injury, and then took into account the psychological injuries.
General Damages: Pain, suffering and loss of amenity: £2,600. [This Quantum Report was provided courtesy of David Healey of Carter & Carter Solicitors, solicitors for the claimant.]
Document Number: AM0203649″
If you’d like to Make a Claim for nut allergy compensation then please contact us so we can let you know if you are eligible to make a claim.
We’re here to answer all your questions with No Obligation.
How to Win Your Nut Allergy Claim?
- First of all, don’t worry too much about the intricacies of your nut allergy compensation claim – we’ll let you know whether you are eligible to make a claim and we’ll guide you through the whole claims process.
- We will place your nut allergy compensation claim on the best footing even if you don’t have the evidence mentioned below.
- We will be able to run through exactly what evidence is required and highlight the pitfalls for you.
- Insurers will do all they can to side step your nut allergy compensation claim but fear not as we can help you to gather all the evidence you need.
- It’s important we speak as soon as possible so we can protect your position and claim compensation giving you the best chance of success.
The Evidence that can Make or Break Nut Allergy Compensation Claims?
Your path to Claim Compensation :-
- A copy of the accident report form setting out exactly what happened;
- Details of the person that you reported the nut allergy incident to;
- Receipt for the meal/food;
- Details of any witnesses who heard you asking about whether the food contained nuts;
- The names of any witnesses who saw how you reacted to the food allergen
- Details of any doctors or hospitals you attended (if you have copies of records showing that you suffered an allergic reaction to nuts then so much the better);
- A copy/photograph of the menu you used to order the food;
- The packaging the food you bought came in (as appropriate).
Contact us so we can talk about how we can help you make a claim and receive maximum compensation for an allergic reaction 🙂
Why Eating out can pose such a Risk for Nut Allergy Sufferers:
It seems to us, after acting for many nut allergy sufferers over the years, that buying meals from Asian restaurants or takeaways represents a particular risk and danger.
We have found that many clients have been lulled into a false sense of security when eating Asian food.
What are the reasons for this?
The difficulty is that the menus can be set out in foreign names and abbreviations may be used which are not readily clear or understood for people with food or nut allergies.
Language can also be a barrier and it’s not always easy to find out with any clarity if there are nuts or traces of nuts in particular dishes.
For example Asian cuisine often includes hidden or unlisted ingredients such as nuts in savoury sauces (satay). (Contrary to the legal requirements.)
It’s also common for ground nuts to be included in desserts and cakes.
Even though you may feel sure your nut free meal is on its way, unfortunately misunderstanding, confusion and human error can creep in resulting in an allergic reaction to nuts.
How to start your Claim – with our Genuine No Win No Fee Offer
If you (or a loved one) has suffered an allergic reaction to nuts through no fault of your own please get in touch to make a nut allergy compensation claim on a No Win No Fee Basis.
- We will be able to give you helpful, free advice on the claims process and how to make a no win no fee claim.
- We will discuss your peanut allergic reaction claim with you, free of charge.
- If we believe we can help you with your Nut Allergy Compensation Claim we will offer you our genuine No Win No Fee service.
- Our No Win No Fee service, means that you will not have to pay anything to us if you lose.
- Help is here for Your No Win No Fee Nut Allergy Compensation Claim.
How Common are Nut Allergies?
Peanut Allergies are prevalent in children nowadays and are said to be the second most common food allergy. What’s more, nut allergies are on the increase.
It’s a serious problem because all sufferers are at risk if they come into contact with nuts. Allergy sufferers are all too aware that they must take all precautions to avoid coming into contact with nuts to prevent an allergic reaction.
An allergy sufferer may well be safe when checking their food but once they start to rely on others the risk of contamination arises. An allergic reaction can lead to catastrophic consequences.
How Much Peanut is Necessary to produce an Allergic Reaction?
Individuals who are highly sensitised can suffer an allergic reaction to the tiniest amount of peanut. Even a minuscule amount is capable of causing an allergic reaction.
It’s also worth knowing that if someone is repeatedly exposed then it can take smaller and smaller amounts to cause an allergic reaction.
The reason for this is that for each allergic reaction the immune system becomes more heightened and sensitive to the nuts.
As you’ll know – the bottom line is that if you have a nut allergy then you can’t be too careful.
Allergic Reactions – a Range of Responses and the Need to Always take Care.
Allergic reactions to nuts can often be severe and even result in a fatal allergic reaction.
Very often the circumstances of the reaction will give rise to a nut allergy compensation claim.
Anywhere which sells food need to have the right labelling and procedures in place to protect nut allergy sufferers.
Most people with a nut allergy react after contact with only a small quantity of nut such as 1 nut.
There are other individuals may react to only trace amounts.
In practice some people don’t always have to actually eat nuts to suffer a reaction.
Symptoms can range from a mild reaction such as itching around the mouth and rashes to severe such as vomiting, diarrhoea, wheezing and anaphylactic shock.
An allergic reaction to nuts is serious when the symptoms become severe and particularly when the sufferer is struggling to breathe or has actually lost consciousness.
What are the most Common Symptoms of a Nut allergic Reaction?
Allergic reaction symptoms can include:
Struggling to breathe,
Itchiness of the throat,
Raised Blood Pressure,
Swelling of the Face,
How long does an Anaphylactic reaction last?
Thankfully when most individuals suffer an allergic reaction they are mild and don’t last for more than a short while.
However, any sort of anaphylaxis has the prospect to become life threatening and this tends to develop rapidly.
The anaphylaxis symptoms can hit their highest levels between 5 to 30 minutes. This is when the sufferer is at the most risk.
For most allergic reactions the initial symptoms die down after a few hours and normally settle after a few days.
Nut Allergy sufferers may be left with an itchy rash on the arms and hands but this should clear up in time.
There’s of course always the clear risk that serious anaphylaxis can have an adverse psychological reaction.
When we deal with these Allergy Compensation Claims we know the psychological component is important when quantifying the claim.
If you are looking to claim compensation for anaphylactic shock then contact us for specialist legal advice.
The Grim Statistics laid bare
The facts according to the Food Standards Agency make grim reading. Around 10 people in the UK die each year as a result of eating an undeclared allergenic ingredient. Many more will suffer less serious but still very unpleasant symptoms.
A small proportion of people are incredibly sensitive to nut allergens. Even the tiniest amount on their lips, or simply standing next to someone eating peanuts, can be sufficient to bring about an allergic reaction.
If someone with a nut allergy does come into contact with nuts then symptoms frequently start quickly. Sometimes literally a reaction can occur in seconds.
Urgent medical treatment will often be required to minimise the risk of serious symptoms developing.
How Does the Law Protects Nut Allergy Sufferers?
- Since December 2014 any pre-packed food or drink sold in the UK must clearly state on the label if it contains one of 14 allergenic ingredients.
- These include tree nuts (almonds, hazelnuts, walnuts, brazil nuts, cashews, pecans, pistachios and macadamia nuts) and peanuts.
- It follows food businesses, such as restaurants, cafe’s, takeaways, mobile catering vans, and canteens (such as at work, schools or in hospitals) must also provide information about allergens to its customers.
- In particular, staff members can provide this either in writing or orally. Alternatively the management should clearly signpost where this information can be obtained.
The difficulty of course is whether the Defendant restaurant or take away has properly implemented these changes and taken them seriously.
We know from our experience specialising in Allergy Compensation Claims that terrible mistakes can be made which pose a serious risk to nut allergy sufferers.
Precautions You can take to reduce the Risk of a Nut Allergy Reaction?
- Remember that there are lots of different names around the world for “peanuts”. In some countries they are known as “groundnuts” and can also be referred to as “monkey nuts” or “beer nuts”.
- Always carefully read food labels and menus and when eating in restaurants let the staff know about your food allergy.
- Check for hidden ingredients which staff may have failed to include in their ingredient list such as a sprinkling of nuts over an ice-cream.
- In particular speak with the manager and preferably directly to the chef so you can receive a firm guarantee the food is safe for you to eat. Be aware even this strategy is not fool proof. We have acted for a number of clients who have been given faithful assurances and then been served contaminated food.
- Nuts can leave dangerous trace elements so it’s all important to check that a restaurant will not inadvertently cross contaminate your food.
- Make sure that you have your anti-allergy medication when you are eating out. If there is an emergency you have an immediate way of combating the allergic reaction. (Insurers will seek to deduct compensation if the allergy sufferer does not have the medication with them at the time.)
- If you’re in any doubt at all then don’t take any risks by eating the food.
The Benefits of Choosing Us?
- We know the counter arguments and will fight your corner 🙂
Over the years we have acted for countless nut allergy clients who have suffered a severe reaction to nuts. These personal injury claims are often not straight forward.
The defendant will often deny the client ever told them about their request for a nut free option. You can be sure they will try to wriggle out of having to take any responsibility for allergy compensation claims.
Defendants over the years have truly amazed us with their arguments to avoid claims. It’s important that you have us by your side to win the argument and claim the compensation you deserve.
- We understand how serious these reactions can be and are here to help you sympathetically.
- Benefit from all our years of experience – give yourself the best chances of success with your allergy claim.
- We will concentrate on winning your No Win No Fee allergy claim and then maximising your compensation.
- Don’t take our word for it – have a look at some of the splendid comments our wonderful client’s have left.
- Please look here too – there are more testimonials here
We are at your service and ready to help you Claim Compensation – Make a Claim with Your No Win No Fee Personal Injury Claims Experts 🙂
FAQ Frequently Asked Questions
Q: What are the 3 Key Factors Enabling you to bring a Nut Allergy Compensation Claim?
A: 1. You bought or consumed food which contained a nut allergen from the defendant.
2. The defendant failed to inform you of the presence of nuts.
3. You suffered a Nut Allergy Reaction as a result.
Q: How much are Nut Allergy Compensation Claims worth?
A: The amount of compensation for an allergic reaction depends upon the nature of your anaphylaxis symptoms and their severity and duration. The value of the claim also depends upon the extent of any psychological distress, whether emergency treatment was required and the extent of any loss of amenity. In broad terms, nut allergy claims range from £1500-£2500 depending on all the relevant factors. Each claim is assessed on its own individual circumstances.
Q: What financial losses can be recovered in a Nut Allergy Claim?
A: Nut Allergy Compensation Claims will cover all the expenses and financial losses that you reasonably incur arising out of the peanut allergy symptoms. So, for example, your nut allergy claim will include any medication costs, travel expenses, and any loss of earnings as well as other relevant expenses.
Q: What are the most common symptoms when you have suffered an allergic reaction to nuts?
A: Most common symptoms include an itchy rash, abdominal pain, shortness of breath, stomach cramps, runny nose, and on occasions severe toxicosis resulting in fever, diarrhoea, and vomiting and acute pain.
Q: What evidence do I need to support my Nut Allergy Compensation Claim?
A: To support your nut allergy claim, make sure, after receiving any medical attention, that you formally report the allergic reaction to the defendant and keep a note of who you reported it to, their position, and any other relevant information. Retain any receipts, menus, and food packaging as appropriate, obtain witnesses’ information and details, and copies of relevant medical records.
Q: How does the Law Protect Nut Allergy Sufferers in the UK?
A: The food information regulations 2014 and the food allergen labelling and information regulations 2014 require food businesses to clearly label the presence of any allergens, including nuts, in their products. Allergy information must also be provided by all food outlets, including restaurants and takeaways. This means that those with nut allergies should be able to make safe food choices.
Meet the Author
Meet Chris Carter, the founder of Carter & Carter Solicitors, a prominent personal injury law firm based in the UK. With an impressive professional journey spanning over 25 years, Chris has solidified his status as a trusted authority in the realm of personal injury litigation.
Throughout his career, Chris’s unwavering commitment has been to aid injury victims in their quest for deserved compensation. His extensive experience and track record is characterized by consistent success in winning claims and securing compensation under the most favourable of terms.
Chris’ passion for helping others translates into every aspect of the work he and his team at C&C Solicitors undertake. They consistently go the extra mile, ensuring that their clients receive the support and guidance essential during what can often be a challenging period.
To delve deeper and explore the range of legal services provided by C&C Solicitors, visit their website at www.candcsolicitors.co.uk/about-us/ or connect with their team by calling 01663 761890.
Carter & Carter Solicitors
“We helped Miss Jatender Hundal with her Nut Allergy Claim. After issuing proceedings we managed to bring about a successful result despite strong resistance from the other side. Miss Hundal has the following to say: “I have found Carter & Carter very helpful regarding my queries I have had with my claim. They are so […]
Nut Allergy Claim