By Stephen Burke. Last Updated 3rd April 2024. Suffering an allergic reaction, be it to food or something like hair dye, can cause significant problems for a person. In some circumstances, this may have happened through no fault of your own. Naturally, you may wish to seek compensation for the allergic reaction.
In this guide, we discuss personal injury claims and allergies. We explain the criteria for claiming compensation and discuss the different types of reactions you could be compensated for.
We also provide examples of allergic reaction compensation amounts and how you can take advantage of our No Win No Fee service to take legal action today.
If you’d rather speak with someone to learn more or to go ahead and make a personal injury claim, get in touch with us today using the following details:
Call us today on 0800 073 8801
Chat with us now via our live chat service
Learn more about claiming compensation for an allergic reaction by browsing the menu below:
Select A Section
- Can You Sue For An Allergic Reaction?
- How Do I Make An Allergic Reaction Compensation Claim?
- Evidence For An Allergic Reaction Claim
- Examples Of Allergic Reaction Claims
- Compensation Payouts In Allergic Reaction Claims
- How Do I Make An Allergic Reaction Compensation Claim On A No Win No Fee Basis?
- Learn More About Personal Injury Claims
Can You Sue For An Allergic Reaction?
If you suffered an allergic reaction, you may wonder if you could claim compensation. In order to be eligible, you need to prove that a liable party, such as a restaurant, owed you a duty of care. You must also have evidence that shows it was a breach in this duty that caused your injuries.
A business owes you a duty of care under the Occupiers’ Liability Act 1957. This means they must ensure your reasonable safety. For example, if you are seeking food allergy compensation, you will need evidence to prove that the restaurant did not have allergen information available. You might submit the restaurant’s menu along with your medical records.
You may want to know, ‘can you sue for an allergic reaction if it occurred due to a beauty treatment?’. As with a food allergy, you would need to prove that the beautician owed you a duty of care that was breached.
Time Limit For Starting A Claim
In addition to having sufficient evidence to support your claim, you must begin legal proceedings within the limitation period. The Limitation Act 1980 sets this as generally three years from the incident date.
However, some exceptions apply. For example, children cannot seek compensation for an allergic reaction for themselves. A litigation friend can start a claim on their behalf. If proceedings were not started and they turn 18, they will have three years from that date to start a claim.
Call our advisors to learn about the allergic reaction compensation amount you might be eligible for. They can also discuss other possible exceptions to the time limit.
How Do I Make An Allergic Reaction Compensation Claim?
If you are eligible to make a personal injury claim for an allergic reaction, there are certain steps you could take to help support and when starting your claim.
- Seek medical treatment – By doing so, you can get appropriate care for your reaction. Furthermore, a record of your reaction will be made in your medical notes. This could help to support your claim.
- Gather evidence – Gathering sufficient evidence could help prove who was liable for your allergic reaction and the severity of your reaction. In the next section, we will provide some examples of the evidence you could collect.
- Seek legal advice – If you have suffered an allergic reaction, you may wish to seek legal advice from a solicitor on the steps you could take next. If you choose to work with them, they could help you with gathering evidence and negotiating an allergic reaction settlement amount.
Contact one of our advisors today to see whether you could be eligible to work with one of our No Win No Fee solicitors. They could also provide you with a personalised estimate of the allergic reaction compensation amount you could receive if you were to make a successful claim.
Evidence For An Allergic Reaction Claim
When making a claim for allergic reaction compensation, there are certain steps you could take and evidence you could collect to help support your case.
Evidence you could gather to support your claim for compensation for an allergic reaction include:
- Photographs of any visible signs of an allergic reaction, i.e. a rash or swollen eyes
- Photographs of the menu if you suffered an allergic reaction to food because the restaurant failed to note any of the 14 main allergens
- A copy of your medical records, stating that you suffered an allergic reaction and the treatment you required.
- Correspondence with the restaurant, cafe, etc., where you suffered the allergic reaction.
- Evidence of any financial losses you’ve suffered due to your allergic reaction. For example, a copy of your payslips could help with proving a loss of earnings if you required time off work.
For more information on the evidence that could help support an allergic reaction compensation claim, you can contact our advisors. If they think you may have a strong case, they could connect you with one of our No Win No Fee solicitors.
Examples Of Allergic Reaction Claims
In this section, we explore the circumstances in which you could claim compensation for an allergic reaction. We consider food allergies and reactions to the likes of hair dye, in particular.
Claims For Food And Nut Allergies
Some people only experience mild nut allergy symptoms, whilst other people suffer from severe nut allergies and peanut allergies, resulting in them suffering from an anaphylactic shock.
This can be life-threatening. Restaurants and other dining establishments, shops that package food on-site, and food manufacturers selling prepacked food are responsible for listing allergenic ingredients in a food item, on a menu or the packaging.
The law also states that they must highlight the allergenic ingredients, with bold type, italics, or a bright colour. If food may contain traces of nuts because it is produced in a kitchen or factory where the nuts are used, this should also be stated.
Should a customer who has a nut allergy or peanut allergy eat food that contains nuts or traces of nuts, but this was not stated on the label, then has an allergic reaction, the producer or seller of the food could be held liable for their injuries and have to pay them compensation.
Call Accident Claims UK to talk about making your nut or peanut allergy compensation claim.
Can I Claim For An Allergic Reaction If It Isn’t Food-Related?
Allergic reactions do not just apply to the food we eat. Some people also experience allergic reactions to hair dye. There are many ingredients in hair dye that can cause allergic reactions. A hair dye reaction can take place up to 48 hours after the sufferer has had the treatment. So, just because the results aren’t immediate does not mean an allergic reaction has not taken place.
Some common symptoms of an allergic reaction to hair dye can include:
- A stinging or burning sensation on the face, neck and scalp.
- Itching or swelling of the face and scalp.
- Welts or blisters.
- Swelling of the hands, feet, lips or eyelids.
- A rash anywhere on the body.
Call Accident Claims UK today, to learn more about allergic reaction hair dye claims.
Compensation Payouts In Allergic Reaction Claims
Following a successful claim for an allergic reaction, the compensation payout awarded may include general damages and special damages. General damages compensate you for the pain and suffering caused by your injuries or illness.
The table seen below shows some of the compensation guidelines included in the Judicial College Guidelines (JCG). This document may be used by those valuing your claim for general damages, as it lists numerous kinds of illnesses and injuries alongside guideline compensation brackets.
Take note that the table below should be viewed as a guide and the first entry is not taken from the JCG.
| Injury | Severity/Category | Details | Potential Compensation |
|---|---|---|---|
| Multiple Serious Injuries/Illnesses Plus Special Damages | Serious | If you're eligible to claim for multiple serious illnesses and/or injuries caused by an allergic reaction, then you may receive a payout covering all of these plus any related special damages you've claimed for, such as loss of earnings. | Up to £500,000+ |
| Brain Injury | Moderate (i) | The level of dependence is lower than higher levels of brain damage. However, the claimant suffers a moderate to severe intellectual deficit along with personality changes and effects on senses, sight and speech. There's also a significant epilepsy risk. | £150,110 to £219,070 |
| Digestive System | Damage/Illness Resulting From Non-traumatic Injury (i) | In this bracket, the claimant suffers symptoms of severe toxicosis requiring hospital admission and resulting in a significant impact on the ability to work and enjoyment of life. | £38,430 to £52,500 |
| Digestive System | Damage/Illness Resulting From Non-traumatic Injury (ii) | The claimant has suffered from short-lived food poisoning with serious symptoms diminishing over two to four weeks. Some discomfort, and problems with bowel functioning and food enjoyment lasting a few years. | £9,540 to £19,200 |
| Digestive System | Damage/Illness Resulting From Non-traumatic Injury (iii) | In this bracket, the claimant will be hospitalised with symptoms that last a few weeks, but recover within a year or two. | £3,950 to £9,540 |
| Digestive System | Damage/Illness Resulting From Non-traumatic Injury (iv) | In this bracket the claimant has symptoms including disabling pain, cramps and diarrhoea that last days to weeks. | £910 to £3,950 |
| Lungs | (f) | The claimant has suffered slight breathlessness but with a substantial recovery expected within a few years. | £10,640 to £20,800 |
| Dermatitis and other skin conditions | (a) | This bracket is for claimants who suffer dermatitis on both hands with some possible psychological consequences. Symptoms last for some years. | £13,740 to £19,200 |
| Dermatitis and other skin conditions | (b) | The claimant suffers dermatitis in one or both hands for a significant amount of time, but it will settle with treatment. | £8,640 to £11,410 |
| Hair damage | (a) | In this bracket, the claimant suffers hair damage along with dermatitis, eczema, tingling or scalp burning. | £7,340 to £11,020 |
Those eligible to claim general damages may possibly be able to claim special damages as well. This compensates you for the financial expenses or losses you’ve experienced due to your illness and/or injuries. Examples of expenses or losses that could potentially be claimed as special damages include:
- Loss of earnings if you’ve needed to take unpaid time off work as part of your recovery.
- Travel expenses for the cost of transport when attending vital appointments.
- The cost of certain medications or treatments you’ve required while recovering.
Evidence will be required to claim special damages, which could include documents such as wage slips or bank statements.
Contact our advisors for free today to learn more about the allergic reaction compensation amount you may receive if you have a valid case, and it proves successful.
How Do I Make An Allergic Reaction Compensation Claim On A No Win No Fee Basis?
A No Win No Fee solicitor could help you seek allergic reaction compensation. A No Win No Fee solicitor could offer you a Conditional Fee Agreement (CFA). This is a type of No Win No Fee arrangement.
If a solicitor offers you this type of service for an allergic reaction compensation claim, you will not typically be asked for an upfront solicitors fee. Should your claim prove successful, a legally capped success fee will be taken from your allergic reaction compensation amount. However, should your claim for allergic reaction compensation not prove successful, you will not have to pay your solicitor for their work.
Free advice about allergic reaction compensation amounts is available at any time from our advisors. If your claim for allergic reaction compensation seems like it has a good chance of success, you could be passed on to our solicitors. For answers to questions such as, ‘can I sue for an allergic reaction?’ you can get in touch in the following ways:
- Call us on 0800 073 8801
- Contact us online
- Alternatively, try the live chat at the bottom of the screen.
Learn More About Personal Injury Claims
If you’d like to learn more about personal injury claims and how to pursue compensation, these links below may help:
- Beauty treatment compensation claims
- Peanut reaction compensation claims guide
- Misdiagnosis compensation claim
- Pub Or Bar Accident Claims
- Restaurant Accident Claims
- Child Accident Claims
- Anaphylaxis
- Food Standard Agency food allergy and intolerances
- Allergy guidance for schools
Thank you for reading our guide, and we hope to have answered the question, ‘Can I sue for an allergic reaction?”
