If you have an allergy to nuts, you’re probably very careful about what you eat and where you buy your food from. Thankfully, laws in the UK mean that food businesses must make it clear when one of their products contains nuts. As such, you could be entitled to claim compensation for an allergic reaction to nuts caused by packing mistakes, misinformation and food preparation errors. This article about nut allergy compensation claims aims to show when you could claim compensation and how the claims process works.
You can get free legal advice on nut allergy claims if you call our team for a no-obligation initial consultation. We won’t pressure you into claiming but if it looks like you might be entitled to compensation, we could connect you with a personal injury solicitor from our panel. They’ll represent you on a No Win, No Fee basis if your claim proceeds which means you won’t need to worry about paying legal costs if the claim fails.
Please call 0800 652 1345 to discuss your claim today or read on for more on nut allergy claims.
What is a nut allergy?
An allergic reaction to nuts is triggered when your immune system mistakenly identifies nuts as being dangerous. When that happens, it releases proteins including histamine to try and protect you. These proteins are the cause of the symptoms associated with nut allergies. They include:
- Hives (a raised red itchy rash).
- Stomach pain, nausea, vomiting and diarrhoea.
- Angioedema (swelling of the lips, eyes or face).
- A runny nose and sneezing.
- Wheezing, a cough, a hoarse voice or breathlessness.
- Feeling lightheaded or dizzy.
These symptoms can come on right after eating food containing nuts or up to a couple of days later.
More serious allergic reactions to nuts can lead to a life-threatening condition called anaphylactic shock. As well as the symptoms listed above, anaphylactic shock can cause the following:
- A rapid heartbeat.
- Anxiety and confusion.
- Breathing problems.
- Loss of consciousness.
Anaphylactic shock can be fatal if not treated quickly enough so should be treated as an emergency.
Amongst others, the types of nuts that can cause allergic reactions include peanuts, almonds, walnuts, hazelnuts, cashew nuts, pecans, pistachio nuts, brazil nuts and macadamia nuts.
Can I claim compensation for an allergic reaction to nuts?
Realistically, only compensation claims with a reasonable chance of success will be accepted by a personal injury solicitor from our panel. As such, before taking on a nut allergy claim, a solicitor will assess whether:
- A legal duty of care was owed to you by the defendant; and
- Negligence by the defendant caused you to have an allergic reaction to nuts; and
- You suffered as a result of the allergic reaction.
Generally, all food businesses have a duty of care towards consumers when it comes to allergens.
Allergic reactions to nuts in a restaurant
You could claim compensation for an allergic reaction to nuts in a restaurant, café, bar or fast food outlet if your suffering was caused by:
- A lack of allergen information in the restaurant. Legally, allergen information can be displayed on notice boards or the menu. Even a link to a website may be sufficient so long as it is clearly advertised. If you could not find any allergy information and suffered as a result, a nut allergy compensation claim might be possible.
- Incorrect allergen advice from staff. If a member of staff incorrectly informed you there were no nuts in your food after you’d asked, you could be entitled to sue for any subsequent suffering.
- The use of incorrect ingredients. If you’re served food containing nuts that were not advertised on the menu, you could be compensated for any adverse allergic reaction.
- Poor food handling procedures. You could also claim compensation if your food became cross-contaminated with nuts because of poor food handling practices in the restaurant’s kitchen.
If you’ve suffered an allergic reaction to nuts in a restaurant caused by the operator’s negligence, please call today and we’ll review your chances of being compensated for free.
Nut allergies caused by pre-packed food
In the UK, pre-packed food that contain allergens must clearly indicate them in their list of ingredients. This means that any nuts found in the product’s ingredients must be highlighted in bold, underlined or coloured text to make it easy for allergy sufferers to identify any risks.
Additionally, where the product is produced in a factory where nuts are used in other products, the label should warn consumers with wording such as “may contain nuts” or similar.
If you’ve suffered an allergic reaction to nuts after eating prepacked food, please keep hold of the packing and then get in touch for free legal advice.
Fresh food nut allergy claims
If you buy fresh or unpacked food from a delicatessen, a bakery, a sandwich shop or a coffee shop, you should still be able to find allergen information easily. As with restaurants, these types of food businesses must display allergen information in a prominent place or answer your questions when asked.
If you’ve suffered an allergic reaction to nuts after eating fresh or unpacked food, please let us know today.
Fatal nut allergy compensation claims
Unfortunately, allergic reactions to nuts can be fatal as explained previously. We know that you won’t feel any better about the loss of your loved one if you claim compensation for a fatal nut allergy. However, a claim might help you if deal with any financial consequences of your loss.
If you do wish to claim, a solicitor from our panel could help you to seek justice on behalf of your loved one for any pain and suffering they endured. Additionally, you could receive a payment to help you if you were dependent financially on your loved one’s pension, income or benefits. Finally, you could claim back any costs linked to the death such as funeral expenses.
We are happy to advise you for free and work at a pace that suits you if you do have any questions so please feel free to call when you’re ready.
How much compensation for a nut allergy claim?
There is a lot to consider when claiming compensation for an allergic reaction to nuts. As such your solicitor will spend some time assessing how you’ve been affected both physically and psychologically by your symptoms. Additionally, they may need to factor in any expenses you’ve incurred as a result of your injuries.
Nut allergy compensation claims could include damages that cover:
- Physical symptoms along with any pain and discomfort.
- Fear for life, anxiety, distress and other forms of psychiatric damage.
- Loss of amenity to cover any normal activities that were prevented while you were ill.
- Care costs if someone else had to help you with everyday tasks.
- Loss of earnings and any reduction of future earnings.
- Travel expenses.
- Medical costs including private rehabilitation costs.
- The cost of adapting your home where you’ve been left with permanent care needs due to more serious complications.
We strongly believe you stand a better chance of being fully compensated for an allergic reaction to nuts if you work with a personal injury solicitor, so please get in touch on 0800 652 1345 to see how ours can help.
Providing proof for a nut allergy compensation claim
Even if your claim seems straightforward, your solicitor will need plenty of proof to show why your allergic reaction to nuts happened. This will need to demonstrate that the defendant was to blame and how you suffered as a result.
The types of proof that might help with this include:
- Food samples. In some cases, it’s a good idea to keep a sample of the food in an airtight container in case testing is needed to prove its ingredients.
- Medical proof. Your solicitor will ask for a copy of any hospital or GP records to help confirm your diagnosis. This should also clarify what treatment was needed.
- Photographic proof. You could provide photographs from inside a restaurant to prove that there was no obvious information on allergens. Also, a photograph of the menu or any food packaging could help to clarify matters.
- Witness statements. As well as your friends or family, any independent witnesses who saw you suffer an allergic reaction to nuts might be asked to provide a statement about what they saw.
- Accident reports. If you reported your allergic reaction to staff in a food business, they should have logged it in some way. You can ask for a copy of their report to help prove where and when you were injured.
- Correspondence. If you wrote to a company to complain about the unexplained presence of nuts in your food, your email or letter and any responses could be used as supporting proof.
The more proof you have to support your nut allergy compensation claim the better. That said, if you don’t have everything listed, please do still contact us as your solicitor will try to gather any further proof needed if your claim is taken on.
No Win, No Fee claims
Hiring a personal injury solicitor is often a good idea if you’re making any type of compensation claim. Their legal skills and experience might be the reason why you win your nut allergy claim and it might also mean you achieve a higher settlement amount.
If you’re worried about how much it’ll cost for a personal injury solicitor from our panel to represent you, you can relax in the knowledge that all accepted nut allergy compensation claims are handled on a No Win, No Fee basis. That means that:
- Legal fees will not be paid upfront.
- You don’t pay your solicitor if they lose the case.
- To pay for your solicitor’s work if the nut allergy claim is won, a fixed percentage of any compensation will be deducted as a success fee.
The type of contract our solicitors use to fund No Win, No Fee claims is called a Conditional Fee Agreement (CFA). Your CFA will explain the success fee you’ll pay if the case is won but, legally, it cannot be higher than 25 per cent of any compensation payout.
Once the CFA has been signed by both parties, your solicitor will start working on your claim. They’ll deal with most aspects of the claim on your behalf and let you know how it’s progressing with regular updates.
If a settlement offer is made by the defendant, you’ll be consulted before it’s accepted to check that it is a fair amount.
To see if you could work with one of our No Win, No Fee solicitors, please get in touch today.
Nut allergy claim time limits
Generally, nut allergy claims have a 3-year time limit from the date you were made ill. However, if the claimant is a child, the time limit does not start until their 18th birthday. That means that adults representing the child can claim before that date.
If you’ve lost a loved one after an allergic reaction to nuts, you’ll have 3 years to claim from the date they died (so long as their 3-year time limit had not ended while they were alive).
To check how long you have left to start a nut allergy compensation claim, please contact our team today.
Start a nut allergy compensation claim today
You can get in touch with a member of our team on 0800 652 1345 today if you’d like a free initial consultation about a nut allergy claim. There’s no pressure or obligation to make a claim but we will clearly set out your options and provide free legal advice.
If you wish to claim and one of our personal injury lawyers offers to represent you, they’ll proceed on a No Win, No Fee basis. That means that if the claim doesn’t work out, you won’t have to pay any legal fees whatsoever.
Our online advisors can also help with nut allergy compensation claims so please feel free to chat with them.