Allergic Reaction Compensation Amount - Food Allergy Claim Calculator
If you have suffered from an allergic reaction, our No Win No Fee solicitors can help you make a claim.
£85 million in compensation
Allergic Reaction Compensation Amount - Food Allergy Claim Calculator
If you have suffered from an allergic reaction, our No Win No Fee solicitors can help you make a claim.
Did you suffer harm because of an allergic reaction caused by someone else? Are you wondering what factors can determine the allergic reaction compensation amount someone may get? If so, you may find the answers in our guide to claiming compensation for an allergic reaction.
Allergic reactions can be a frightening experience, with the consequences for someone’s health being potentially life-changing. Mindful of that, we created this guide to help those who may be eligible to make a personal injury claim. You will find information on the steps involved in making a claim and who may be liable for your suffering. Then, you will see what factors can influence how compensation is calculated.
As you move further into this guide, you’ll learn about terms like ‘duty of care’ and how negligence can cause allergic reactions. You’ll also find out how long you have to claim and whether you need evidence. Lastly, you’ll read about the work of our dedicated personal injury solicitors and how they can help you claim on a No Win No Fee basis.
If you would like to learn more about allergic reaction compensation claims, you can contact our helpful advisors by:
- Submitting a free enquiry on our ‘contact us’ page
- Calling us on 0151 375 9916
The Average Allergic Reaction Compensation Amount
The average allergic reaction compensation amount varies from case to case, reflecting the unique circumstances of each claim. In the next section, we’ll discuss what factors can influence compensation.
First, we’ve listed a table of some suggestive compensation brackets from a resource known as the Judicial College Guidelines (JCG). The JCG is a document that provides guidance on a variety of injuries and what may be considered when awarding compensation. Solicitors may use the publication to help put a value on general damages, the part of a claim that accounts for someone’s pain and suffering.
In the table, you’ll find that the first figure combines both general damages and financial loss. This row doesn’t come from the JCG. Before you continue, please keep in mind that this table is used only as guidance and isn’t a guarantee that you’ll receive any allergic compensation amount.
Injuries Compensation Explanation
Multiple Severe Injuries and Financial Losses Up to £1,000,000 plus This covers multiple severe injuries and financial losses, such as medical treatments and care costs.
Very Severe Brain Damage £344,150 to £493,000 This bracket may consider a person’s life expectancy, physical limitations, the need for a gastrostomy for feeding, sensory impairment, and the ability to communicate (with/without technology).
Moderate Brain Damage (i) £183,190 to £267,340 Cases cover those who suffer moderate to severe intellectual deficit, personality changes, and have no prospect of employment. The senses will be affected and the claimant may be at risk of epilepsy.
Kidney Injuries (a) £206,730 to £256,780 There will be permanent and serious damage to both kidneys, or they will be lost.
Kidney Injuries (b) Up to £78,080 Claimants will have a significant risk of future UTIs or some other complete loss of kidney function.
Total Incontinence of Bowels (a) Up to £224,790 This bracket involves cases featuring double incontinence – the complete loss of urinary and bowel functions. There will be additional medical complications.
Bladder Injuries (b) Up to £171,680 Complete loss of function and control of the bladder.
Very Severe Facial Scarring £36,340 to £118,790 The injured person (usually teens to those in their early 30s) will have suffered a very disfiguring cosmetic effect and a severe psychological reaction.
Less Severe Facial Scarring £21,920 to £59,090 Disfigurement is substantial and the psychological reaction is significant.
Injuries to the Digestive System (i) £46,900 to £64,070 The toxicosis will be severe, leading to acute pain that is serious, together with vomiting, fever, and diarrhoea. Claimants will need to stay in hospital for days or weeks. Symptoms may include persistent incontinence, irritable bowel syndrome, and haemorrhoids. Ability to work will be significantly affected.
If you have any questions about compensation, please do not hesitate to contact our advisory team.
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How Is Allergic Reaction Compensation Calculated?
Allergic reaction compensation is calculated based on the injuries you suffered and your associated financial losses. This process is made up of 2 heads of claim, the general damages we touched upon above and special damages.
Under general damages, you are compensated for your physical and psychological injuries. This head of claim may consider factors like whether you suffered a disability and how your injuries have affected your overall quality of life.
With special damages, you can make a claim for the financial losses stemming from your injuries. Some examples include:
- Lost wages if you needed to take time off work. Plus, lost work benefits, such as your holiday entitlement or pension contributions
- Medical bills, if you needed to pay for specific treatments, prescriptions, and rehabilitation
- Support from professional carers or loved ones
- Therapy or counselling if the reaction affected your mental health
- Travel costs for attending appointments related to your injuries
When claiming special damages, you’ll need proof of your losses. So, be sure to keep hold of anything relevant, like bank statements and payslips.
Fatal Allergic Reactions
If you have lost a loved one due to an allergic reaction caused by someone else, you may be able to claim compensation under the Fatal Accident Act 1976. Through this act, eligible dependants can claim for funeral expenses, bereavement damages, and a loss of dependency on a loved one’s income and services (such as childcare).
However, in the first 6 months of a loved one’s passing, only the deceased’s estate can make a fatal injury claim, per the Law Reform (Miscellaneous Provisions) Act 1934. You also won’t be able to claim if the deceased’s estate has already done so on your behalf.
If you would like to know more about fatal allergic reaction claims or how compensation is calculated, feel free to contact our helpful advisors.
Am I Eligible To Make A Claim?
You may be eligible to claim compensation for an allergic reaction if you meet the following requirements:
- You were owed a duty of care
- The third party breached this duty
- This resulted in your allergic reaction and directly caused you harm
What Is A Duty Of Care?
In short, a duty of care is the legal responsibility an individual or organisation has to protect others.
All food business operators like restaurants, cafés, and street vendors owe their customers a duty of care. This duty is set out by the Food Safety Act 1990, which states:
- Food should not be altered in any way that could damage the health of anyone who consumes it. This includes treatment as well as adding or removing anything that might be harmful
- That food which is served or sold meets the expectations of consumers. This applies to the ‘nature, substance, or quality’ of the food
- That operators do not use false or misleading information when packaging, advertising, or presenting food
The Food Standards Agency enforces regulations concerning food safety and hygiene. This governmental department is primarily tasked with protecting the health and interests of all food consumers in England, Wales, and Northern Ireland.
If you were harmed because a food business operator failed to comply with their lawful obligations, you may be eligible to start a personal injury claim. You can discuss your circumstances and get a free case assessment by contacting our team.
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How Are Allergic Reactions Caused By Negligence?
As explained above, allergic reactions may be caused by negligence if a third party doesn’t meet their legal obligations. Below, you can find some examples of how this may happen.
Allergens Not Clearly Labelled On Packaging
Under Article 21 of Regulation (EU) No 1169/2011, food business operators must provide readily distinguishable allergen information on all food. If they fail to do so, it may result in an allergic reaction that might have otherwise been avoidable:
- Example: You buy a pre-packaged cake at a café that states ‘does not contain peanuts’. However, the owner has mixed up the label with that of another cake, resulting in you unknowingly consuming a cake with peanut ingredients. Not only do you suffer an adverse reaction, but you are left with severe scarring
In such a scenario, the café may be liable for your allergic reaction and the resulting harm.
Poor Food Hygiene Standards
Under The Food Safety (General Food Hygiene) Regulations 1995, Schedule 1(2)(c), food premises must maintain good hygiene practices to protect against cross-contamination. A failure to adhere to these standards could lead to a valid compensation claim:
- Example: You inform staff at a pub that you are allergic to eggs. Despite being told about this, the chef prepares your food with the same utensils used for cooking eggs, causing you to suffer an allergic reaction and permanent kidney damage
Wrong Ingredients Used When Cooking
If you suffered because a food business operator used the incorrect ingredients when cooking your food, you may be eligible to claim compensation:
- Example: You go to a restaurant that contains a list of meals alongside the ingredients they contain. However, a chef fails to follow those recipes and uses different ingredients. As a result, you have an allergic reaction that leaves you with long-term bladder issues
No Notice Of Allergen Information In Businesses
A food business operator must adhere to food safety laws and provide information on allergens:
- Example: A coffee shop does not provide any information about allergens within its drinks and fails to ask if you have any allergies. You subsequently have an allergic reaction to the cream used in their coffee, resulting in damage to your digestive system
Even if you don’t see your specific circumstances here, you may be entitled to claim compensation. Find out today by getting a free case assessment from our helpful team.
How Can I Know If I’m Having An Allergic Reaction?
You may begin to notice that you are having an allergic reaction to food if you encounter some of the following symptoms:
- Itchy, red, and irritated skin (which may include a rash)
- Light-headedness and dizziness
- Coughing, wheezing, or breathlessness
- Stomach pain, nausea, or diarrhoea
Some of these symptoms are relatively minor and may subside after several hours. However, it is still important to be checked by a medical professional, as symptoms can potentially take days to show up.
More severe reactions can lead to lasting damage, such as a brain injury, and cause anaphylaxis. This type of allergic reaction can be life-threatening and needs immediate medical attention. Some of the most common symptoms of anaphylaxis include:
- Restricted airways and difficulty breathing
- Swelling of the throat and tongue
- Fainting, dizziness, and confusion
- Skin that is cold to the touch
- Blue, grey, or purple skin
No matter how major or minor your allergic reaction, you may be entitled to compensation if someone was at fault for your suffering. So, get in touch with our advisory team to find out if you are eligible to claim.
How Can I Start My Reaction Claim?
In order to start your reaction claim, you will need to have supporting evidence and ensure that you pursue compensation within the correct time limit.
How Long Do I Have To Claim?
You typically have 3 years to start an allergic reaction claim, usually from the date the incident occurred. This is a requirement of the Limitation Act 1980 and applies to all personal injury claims.
As claimants’ circumstances all differ, there are some exceptions to this limitation period for individuals who cannot make a claim by themselves. These exceptions apply to:
- Minors: The time limit will begin on a person’s 18th birthday and end when they turn 21.
- Mentally Incapacitated Individuals: The time limit is indefinitely paused unless mental capacity returns. If that happens, the 3-year time limit will commence from the date of recovery.
If the time limit is paused, an eligible adult (like a loved one or solicitor) may start an allergic reaction claim on another’s behalf. They can do so by filling the role of a litigation friend and must act in the claimant’s best interest.
Do I Need Evidence?
Yes, you will need evidence proving third-party liability for your allergic reaction. This involves showing how the other party was responsible for the incident and your suffering.
Some examples of evidence include:
- Copies of your medical reports and prescriptions showing how you were affected and what treatments you received
- Photographs showing the visible effects of your allergic reaction, such as a rash or irritation to the skin
- A copy of an accident report book, if your allergic reaction was recorded in one
- A menu or packaging related to the food that caused the allergic reaction
- A piece of the food could also be kept
- Copies of any complaints you made regarding your allergic reaction
- Correspondence with the third party, such as e-mails and letters
- The contact details of any witnesses
The evidence someone has can make all the difference in whether a claim is successful or not. You don’t have to face the task of proving a claim by yourself, as the solicitors at JF Law have years of experience collecting evidence on behalf of clients.
If you have any questions on how to start a claim, time limits, or evidence, please get in touch with our helpful advisors.
Find Out Your Allergic Reaction Compensation Amount
More Information
You can speak to an advisor for more information on what factors are considered when calculating possible allergic reaction compensation amounts. They can also provide you with a free case assessment and answer any other questions you might have.
Our solicitors have extensive training and many years of combined experience. As specialists in personal injury claims, they have worked on cases across the country and helped their clients win over £80 million in compensation. They can use their expertise to help you claim compensation by:
- Supporting you through the claims process
- Explaining legal terminology and documentation
- Helping you obtain evidence to build your claim
- Assisting with interim payment applications
- Setting you up with appointments, such as an independent medical assessment
- Negotiating compensation on your behalf with third parties
At JF Law, we put our clients at the heart of everything we do. So, you can expect nothing less than excellent service you can rely on if you choose to work with one of our dedicated solicitors.
Can I Claim On A No Win No Fee Basis?
Yes, you have the option of claiming on a No Win No Fee basis with our solicitors, as they offer their services through a Conditional Fee Agreement (CFA). This means that you will not have to pay any upfront or ongoing fees for your solicitor’s work.
With a CFA, your solicitor will take a success fee if you receive compensation as a payment for their work. However, the percentage taken from your compensation is small, as it is legally capped. If your claim is unsuccessful, there will be no solicitor’s fee to pay at all.
Contact JFLaw’s No Win No Fee Solicitors
If you have any questions about the contents of this guide or you would like to start your allergic reaction claim today, please get in touch with our helpful advisors by:
- Submitting a free enquiry on our ‘contact us’ page
- Calling us on 0151 375 9916
Our advisors are available 24/7, so please don’t hesitate to reach out at your earliest convenience.
If you would like more information about personal injury compensation, it may benefit you to read the following guides:
- Learn how personal injury compensation is calculated
- Find out how to make a compensation claim
- Access our public liability frequently asked questions
References:
- Access the FSA allergy and intolerance reporting tool, GOV.UK
- Find urgent and emergency care services, NHS.UK
- Learn when to go to A&E, NHS.UK
We appreciate you taking the time to read this guide, which contains an allergic reaction compensation amount and explains how to start a claim with our No Win No Fee solicitors.
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