Nut Allergy Injury Compensation Claims

If your life, or the life of a loved one, has been affected by a nut allergy injury we can help.

The purpose of this guide is to help anyone who has suffered a nut allergy injury and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.

In our guide to claiming nut allergy injury compensation:

Introduction

Around 5,000 people are hospitalised each due to an allergic reaction to food, according to statistics from the Food Standards Agency. A high proportion of those reactions occur when a person unknowingly consumes nuts in food they have bought from a shop, restaurant or takeaway.

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.

Anyone who suffers an allergic reaction after consuming nut-containing food may be eligible to make a claim for compensation. The claim will fall under the category of food allergy compensation claims.

Common allergen

The law regarding nut allergies

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 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.

Do I have a nut allergy injury claim?

As a basic rule, you can make a nut allergy injury claim if your injury happened:

  • within the last three years, and;
  • another person was to blame, and;
  • that person owed you a duty of care.
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Injury claim eligibility - Common questions

What if a child was injured?

The 3 year rule does not apply to minors.

A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start a nut allergy injury claim on their own behalf.

Read more about claiming injury compensation on behalf of a child.

What if I was diagnosed months after the nut allergy injury?

Depending on how your nut allergy injury happened, the three-year time limit may only start from the date you are diagnosed and learn of the cause of your injury. In some cases, this can be months or years after the cause occurred.

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

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

  • the extent 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 nut allergy injury has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.

This calculation will factor in 'general damages' and 'special damages'.

General damages

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

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

Special damages

Special damages are for financial losses and expenses you have incurred as a result of the accident.

What can I claim for after a nut allergy injury? (see list)

Examples of special damages (losses you can claim for) include:

  • Lost earnings (including future earnings)
  • Medical treatment costs
  • Physiotherapy
  • Travel costs
  • Costs of care
  • Costs of adapting your home or car

What is the average injury compensation for a nut allergy injury claim?

The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.

However, the money you would receive following a nut allergy injury will depend entirely on your specific circumstances.

Your nut allergy injury compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.

Can I claim for prescription costs?

Special damages?are awarded for costs or losses incurred as a result of the nut allergy injury injury. Damages can include loss of earnings, treatment cost and any other 'out-of-pocket' expenses such as prescriptions.?

Nut allergy injury compensation

Calculating how much compensation you can claim for a nut allergy injury can be complicated.

Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.

Find out what your nut allergy injury claim could be worth now:

Calculate compensation

How long does a nut allergy claim take?

The length of time needed to get compensation for an allergic reaction injury can vary significantly.

A straightforward liability accepted injury claim might be concluded in a couple of months. If liability is denied, however, the process might take longer. Typically, an injury claim takes between 4 and 9 months. Read more: How long will my claim take?

Caring and sensitive support

Your solicitor will handle your nut allergy injury claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:

  • Financial support: interim payments while you are unable to work.
  • Advice: on personal injury trusts, tax and welfare benefits.
  • Coordination: with rehabilitation providers and therapists.
  • Access: to treatment and therapies not always available on the NHS.

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.

How did your injury occur?

The claims process that your solicitor follows will vary, depending on how the injury occurred:

No win, no fee - the facts

No win, no fee means that your solicitor will not charge you anything at all if your nut allergy injury claim is unsuccessful. 'No win, no fee' is also known as a 'Conditional Fee Agreement' or 'CFA'.

Our no win, no fee guarantee

If you have been injured and it wasn't your fault, our no win, no fee guarantee takes the risk out of claiming compensation for your nut allergy injury. Read more about making a No win, no fee claim

What do I pay if I win my nut allergy injury claim?

Your injury solicitor will receive a success fee which is deducted from your compensation, after your compensation is awarded. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.

What do I pay if I do not win my nut allergy injury claim?

If your nut allergy injury claim is not successful then you do not have to pay any legal fees . Your solicitor may take out insurance to ensure there will be nothing to pay.

Is there a penalty if I withdraw?

Under a No Win, No Fee Agreement (CFA), fees may apply if a claimant refuses to cooperate, or abandons their claim after the legal work has started, or if the claim is fraudulent.

How can Quittance help?

Your solicitor will fight for the best possible compensation settlement for you, the highly-experienced panel of solicitors have an excellent track record of winning injury claims.

If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.

Call us FREE 0800 612 7456 or arrange a callback:

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Nut allergy injury FAQ's

Can I claim for someone else?

Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.

If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.

The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.

Read more about claiming on behalf of another person.

Can I claim if I was partly responsible for an accident?

You may still be able to claim compensation even if you contributed to your accident or to your injuries.

However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.

Read more about claiming compensation if you were partly responsible for an accident.

How long do I have to make a nut allergy injury claim?

In general, you have a time limit of up to 3 years from the date of the nut allergy injury to make an injury claim.

The last date you can make a claim is known as the claim limitation date - after which your nut allergy injury claim becomes 'statute barred'.

Can I claim for a nut allergy injury after 3 years?

Possibly. The general rule for adults is that a claim must be started within three years.

However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.

If you were injured as a child, you do have up until your 21st birthday to make a claim.

There other circumstances that can also impact the limitation date. Call us now on 0800 612 7456 to find out if you are still able to claim nut allergy injury compensation.

In reality, there are a number of factors that can affect whether a nut allergy injury claim will be taken on by a solicitor.

Calculate your claim limitation date

Will I have to go to court?

Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.

Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.

Cases that do ultimately go to court are held in front of a judge, not a jury.

Read more: Will my injury claim go to court and what if it does?

Will I have to go to a solicitor's office?

No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.

Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.

Read more: Will I have to visit a solicitor's office?

Can I get an early compensation payment?

If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.

An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.

Read more about interim compensation payments.

Gaynor Haliday, Legal researcher

About the author

Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.

Read more about this Quittance Legal Expert