When you have allergies, you put a lot of trust in the people handling your food and drink to listen to your special requests or tell you about potential allergens. If you’ve had an allergic reaction after consuming food or drink that you thought would be safe, our specialist solicitors could help you claim compensation.
Allergic reactions usually happen quickly after being exposed to your trigger food. Most reactions are mild, but if you experience a severe reaction (anaphylaxis), this can be fatal or leave you with life-changing injuries.
If you or a loved one has suffered an allergic reaction that could’ve been prevented, our solicitors could help you claim compensation. Give us a call on 0800 056 4110 or get in touch online
Can you claim compensation for an allergic reaction?
Our team has experience handling allergic reaction compensation claims in the UK and abroad, on behalf of adults as well as children. We’ve helped people with a variety of allergies, including nut, wheat, dairy and shellfish.
If you suffer from food allergies, you’re more at risk when you eat at functions or establishments where food and drink is being handled by other people. We could help you if you’ve suffered an allergic reaction after consuming food or drink at:
- Weddings
- Festivals
- Events
- Restaurants
- Pubs
- Takeaways.
You have a right to be told about any potential allergens in your food so that you can decide if it’s safe for you to eat. You can also reasonably expect restaurant or event staff to prepare and handle your food according to your allergy needs and food safety regulations.
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What to expect when you make an allergic reaction claim
Getting in touch
When you get in touch with us, our team start by taking some initial details from you. We offer a free initial consultation where you can talk to us about what happened to you and we’ll talk you through how we can help.
We’ll ask you these questions to confirm the details about your allergic reaction:
- Where did you eat before your reaction?
- What were you eating when you experienced your reaction?
- What did you eat in the days before your reaction?
- Who was with you during your reaction?
- What symptoms did you suffer?
- Are you still experiencing any symptoms?
- Have you received medical treatment?
- Did you tell the restaurant or event staff about your allergy?
We assess all of this information and talk to you about whether we can help you make a claim.
Starting your claim
If you start a claim with us, we’ll work out who’s responsible for your injury. If you’re claiming outside the UK, we’ll work out where is best to make your claim. Depending on the circumstances, we may be able to help you claim here in the UK. If that’s not possible and your claim needs to be made abroad, we have all the expertise and experience needed to help you.
We work with our in-house support and rehabilitation managers who can provide you with the support and rehabilitation you need, while we concentrate on getting you the compensation you deserve.
Gathering evidence
We then gather evidence of what’s happened to you to support your claim. We collect reports from medical experts and witnesses of the incident. We also gather information and documentation about the place or event where you had your reaction.
How long it takes to get you compensation will depend on:
- Proving who was responsible for your allergic reaction
- How long it takes to get them to accept their responsibility
- How severe your reaction was
- How long it takes to work out your treatment and rehabilitation needs.
Getting you compensation
If the person or organisation responsible for your allergic reaction accepts responsibility, we could get you interim compensation payments before we settle your claim.
We settle most claims out of court, but if nobody accepts responsibility we’ll go to court to get you the compensation you deserve.
Read more about what happens if your case goes to court.
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How do you prove an allergic reaction claim?
There are a few things you can bring to your consultation that will help us prove who was responsible for your allergic reaction. These include:
- Evidence that you told the restaurant/event staff about your allergy
- Warnings about which foods contain allergens (you can find these on the menu or allergen sheet if you managed to keep a copy)
- Any photographic evidence of the food you ate, the symptoms of your allergic reaction and any long-term symptoms/scarring you’ve experienced
- The receipt or proof of purchase for the food you ate
- A copy of any complaints you’ve made and their response e.g. letters or emails. If you complained to the restaurant/event staff during the incident, it’s helpful if you can remember the person’s name who you spoke with and any details of your conversation
- A timeline of the foods you’ve eaten before falling ill – this allows our medical experts to rule out other potential causes of your reaction. Your bank statements can be helpful in showing a timeline of any food you bought
- A timeline of what you were doing before your reaction
- Details of any pre-existing health issues.
You should also keep any receipts for prescriptions, travel costs to medical appointments or for any private care you might’ve had. Make sure you keep any details of reports made to event organisers, insurers or anyone else involved.
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How much compensation could you expect?
How much compensation you get will depend on your claim and the impact its had on your life, so it’s not possible to give you a figure straight away. We take into account the nature and severity of your reaction and any support and rehabilitation you’ll need.
We work out how much compensation you could claim by considering a number of factors, including:
- How serious your reaction was
- If you’ve suffered psychological trauma from the incident
- If you’ve lost earnings or if your symptoms affected your ability to work
- If you have any medical expenses
- If you have travel expenses for any appointments
- Your care and support needs
- Your level of pain and suffering
- Other financial loss or expense because of your injury.
If you’re claiming on behalf of someone who’s died from an allergic reaction, we take other factors into consideration as well. These include whether they had people relying on them for care or financial support, as well as the likely number of years of their life they’ve lost.
Our solicitors use their expert knowledge of the claims process to get you the compensation you need to make the best possible recovery and to give you financial security.
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How can you fund your claim?
Most of the allergic reaction cases we handle are funded with a no win no fee agreement. This means that you'll only have to pay anything if your claim is successful, though your opponent will pay most of our fees. The remaining costs will come out of your compensation settlement.
We'll discuss all your funding options with you at the start of your case, advising you what we think is most suitable. If you have legal expenses insurance (LEI) or you’re covered by a trade union policy, these may be best for you. Legal expenses insurance is included in many household, travel or car insurance policies, so it’s always worth checking whether you’re already covered.
Please visit our No Win No Fee page for more information on how it works.
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How long do I have to make a claim?
You usually have three years to make a claim from the date of your allergic reaction. However, there are some exceptions to this rule:
- Claims on behalf of children – these can be made any time before your child is 18
- Mental capacity – there are no time limits to make a claim on behalf of someone who doesn’t have the mental capacity to claim themselves.
If your allergic reaction took place abroad there may be different time limits. Get in touch with us as soon as possible after you’ve suffered an allergic reaction. We offer a free initial consultation to talk about your allergic reaction and whether we can help you make a claim.
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Why choose us?
Making an allergic reaction compensation claim in the UK or abroad is much simpler with a team of specialist solicitors on your side. As experts in international law and personal injury law, we can help you get the compensation and support you deserve.
If your allergic reaction happened overseas, you can be reassured that we have the UK's largest team of international personal injury lawyers, with experience in allergic reaction claims. This gives us a range of expertise and the resources to handle even the most complex claims. We also have an extensive international network of specialist lawyers we can work with if we need to bring your claim in a foreign country.
We’re also highly experienced handling claims involving life-changing or fatal injuries, including brain injury claims. We specialise in handling complex claims, and we make sure our clients get the compensation they deserve after everything they’ve had to go through.
We always put your interests and wellbeing first when handling your claim. We work with our in-house Support & Rehabilitation team to help you make the best recovery possible while we focus on securing you compensation.
We understand that the right amount of compensation can change your life. This is why we offer services to help you get the most out of your compensation, taking into account the long-term impact your reaction had on your life.
Throughout your claim, we'll explain everything to you in plain English, with no legal jargon. We make sure that you’re aware of all your options at every stage.
Because of our team’s proven track record of success, we’re ranked one in Legal 500 and Chambers & Partners, independent guides to the legal profession.
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Contact us
If you’ve suffered an allergic reaction that could’ve been prevented by those handling your food, our solicitors could help you claim compensation. Give our friendly team a call on 0800 056 4110 or get in touch online.
No Win No Fee*
Experts in UK and foreign law
Experienced in complex claims
Access to support and rehabilitation
Call us for a free initial consultation
0800 056 4110
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