If a nut allergy injury has set you back, we'll help you move forward

Nut allergies are abnormal immune system responses to nut proteins, potentially causing anaphylaxis. Avoidance of nuts and emergency treatment like epinephrine are key management strategies.

If your life, or the life of a loved one, has been affected by a nut allergy injury, we can help. If your injuries were caused by someone else's actions or negligence, you may be entitled to claim compensation.

You can make a No Win, No Fee compensation claim with the help and support of a personal injury solicitor.

Up to 2% of the population have an allergy - you are not alone

Food allergies affects between 1-2% of the UK population (food.gov.uk).

Nut allergy symptoms include abdominal pain, shortness of breath and facial swelling. A severe reaction to nuts is called anaphylaxis and may be life-threatening.

If you suffer an allergic reaction after being served food contaminated with nuts, you may be eligible to make a claim for compensation.

If you decide to make a nut allergy injury claim, your personal injury solicitor will take you through every step of the claims process. Your solicitor will be with you until you win your claim and get the compensation you need to move forward.

For information on anaphylaxis support and treatment, see: anaphylaxis (nhs.uk).

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Food allergy compensation claims

Am I eligible for nut allergy injury compensation?

You should be entitled to nut allergy injury compensation if your injury resulted from the negligence or actions of another person or organisation, or from an accident that was not your fault.

Use our injury claim calculator to find out if you can claim. Or you can call 0800 376 1001 to speak to a specialist advisor. Find out in minutes if you have a claim.

Compensation claims with shared fault

It's not unusual for personal injury claims to involve fault on both sides.

In our 2024 Personal Injury Claimant Survey, we found that 13.99% of respondents felt they had at least some responsibility for the injuries they sustained.

When fault on both sides caused a claimant's injuries, this is called 'contributory negligence'. In these situations, compensation may still be payable on the basis of a split liability agreement.

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Can I claim if I feel I was partly responsible for my accident?

How long after an allergic reaction do I have to start a claim?

In most cases, you have up to 3 years from the date of your accident or injury to start a claim.

For an injured child, the three-year limitation period begins on their 18th birthday, giving them until they are 21 to start a claim.

How much compensation can I claim for a nut allergy injury?

The amount of money you could claim for your injury will depend on:

  • the seriousness of your injury, and
  • any financial losses or costs you have incurred.

At the start of your claim, your solicitor will consider the many ways your injuries have affected your life. Your solicitor will take these considerations into account to calculate the correct compensation award.

Nut allergy injury compensation calculator

Get an accurate compensation estimate (including for multiple injuries), confirm your legal position, and check if you have a No Win, No Fee claim.

Updated April 2024 Compensation Calculator v3.04

General damages

General damages are awarded for pain, suffering and loss of amenity (PSLA).

Awards for general damages are set by the Judicial College (judiciary.uk) and published in their guidelines for personal injury awards.

How is compensation calculated if I have multiple injuries?

Special damages

Special damages are awarded to compensate you for any costs or losses you've incurred or might incur as a result of your accident. These costs might include loss of earnings, including potential lost commission, bonuses or promotions, or any other out of pocket expenses.

Special damages may also be awarded for medical treatments or procedures that you might need to treat your nut allergy, including epinephrine, antihistamines, corticosteroids and fluid resuscitation.

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A complete list of recoverable losses in a personal injury claim

Can I claim for PTSD or other psychological trauma?

Although psychiatric injuries are less obvious than physical injuries and illness, mental health conditions can be no less debilitating.

Our 2024 Public Place Injury Claimant Survey reveals the extent of psychological trauma, with 29.03% of claims involving a psychological injury, 70.97% of which related to a physical injury.

Experiencing a severe allergic reaction can lead to anxiety about food consumption (cibophobia) and dining out. This can have a devastating impact on someone's daily life, affecting their social life, diet and both physical and mental health.

Your solicitor will help ensure that any psychological harm you have suffered as the result of another party's negligence is recognised and included in the calculation of your compensation award or settlement. In addition, you can also claim for mental health treatment costs that may not be readily available on the NHS.

Our compensation calculator can estimate your compensation for psychological injuries. Or you can call us on 0800 376 1001 to speak to a specialist advisor.

Nut allergies and the law

Exposure to foodstuffs containing nuts can have serious and potentially life-threatening consequences for nut allergy sufferers. The government recognises this and in 2014 introduced the Food Information for Consumers Regulations (gov.uk) which makes it easier for customers to learn about the presence of nuts and other allergens in the food they purchase for consumption.

Under the new legislation, anyone who supplies food to customers must warn about the presence of nuts in their food products (specifically peanuts, almonds, hazelnuts, walnuts, cashews, pecans, Brazil nuts, macadamia nuts and pistachios.) That warning can be written onto food packaging, displayed on a menu or given orally by waiters.

All food establishments are covered by the legislation. This includes restaurants, cafes, takeaways, caterers, school and work canteens, hospital kitchens and shops that sell pre-packaged foods.

Proving a nut allergy claim

Proof is critical to the success of a nut allergy claim. An experienced injury lawyer will gather evidence to show that the defendant breached their duty of care to the allergy sufferer. This evidence may comprise:

  • A copy of the menu
  • Food packaging
  • A copy of the catering contract
  • Samples of the food consumed
  • Witness evidence from someone who overheard the conversation about the presence of nut allergens in the defendant's products.

Medical evidence is also required to demonstrate that the reaction was a result of nut consumption. Resuscitation Council UK recommends that blood samples are taken between 30 minutes and 2 hours after the symptoms first develop in order to confirm that the patient has indeed suffered an anaphylactic reaction. It will help the claim if the claimant sought medical advice shortly after the event.

These results and a report from an independent medical practitioner describing the nature and extent of the injuries will form the basis of the compensation claim.

What if I forgot my medication?

People who have been diagnosed with a nut allergy are expected to take reasonable steps to protect their own health. In particular, they are expected to carry their prescribed adrenalin and other medications with them.

When a customer did not carry their medication, it is arguable that they were partly responsible for the injury they suffered as a result of an allergic reaction. A claim may still be brought in this instance. However, the Court may decide that the claimant was contributory negligent and apportion the compensation on a just and equitable basis.

What happened?

Nut allergy injury claims are usually referred to as public place, or occupiers' liability, claims. Click on the icons below to learn more:

No win, no fee nut allergy injury compensation claims

With no win, no fee, you can claim nut allergy injury compensation without financial risk. If your claim isn't successful, you pay nothing. If you win, you only pay a pre-agreed percentage of your compensation.

Find out more about how no win, no fee claims work

Get expert advice now

Interested in talking to an injury specialist about your claim?

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Call 0800 376 1001

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Citations

Source: (reviewed: 08/12/2023)

Gaynor Haliday, Legal researcher

Author:
Gaynor Haliday, Legal researcher