How Much Allergic Reaction Compensation Can I Get?

How much allergic reaction compensation you could get may vary depending on factors such the severity of reaction and how it has impacted your daily life. Whether your allergic reaction was caused by a mislabelled food product, or a restaurant overlooking allergens in your food, you could be entitled to claim compensation for the harm caused to you as well. The allergic reaction compensation amount awarded to you may take the harm you suffered as well as your financial losses into account.

In this guide, we look at whether there is an average amount of allergic reaction compensation. We also look at when you could claim for financial losses. Our guide breaks down the criteria personal injury claims need to meet and the steps you could take. We also show you how to build a stronger case by collecting evidence and look at how UK Law could assist you.

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The Average Allergic Reaction Compensation Amount

A severe allergic reaction could lead to someone going into anaphylactic shock. This may result in very severe brain damage. The Judicial College Guidelines (JCG) suggest a potential compensation bracket of between £344,150 and £493,000. The JCG is a reference document which may be used by solicitors and others when estimating compensation for general damages.

General damages (compensation awarded for a person’s pain and suffering) are one of the two heads of claim, with the other head being special damages, discussed later in this guide.

General damages may be awarded for the pain and suffering caused by your injury. How much compensation you are awarded may depend on how severe your allergic reaction was, whether it caused long-term symptoms and your anticipated recovery from it.

We should note that whilst there may be an average allergic reaction compensation amount, this also may not be relevant to your case. When you make an allergic reaction compensation claim, how much you are awarded will be based on the individual circumstances of your case.

In the following sections we will look at how your compensation may be calculated and whether you may be compensated for any financial losses. Firstly, we look at what may be awarded inline with the JCG.

Compensation Examples

  • Where awarded compensation for multiple serious injuries, as well as that for special damages (such as lost income) you could be awarded up to £1,000,000+.
  • Very severe brain damage which leaves the person showing little or no meaningful response to their surroundings could be awarded between £344,150 and £493,000.
  • Less severe brain damage where the person could make a good recovery may be awarded between £18,700 and £52,550
  • The loss of or permanent damage to both kidneys could attract an award between £206,730 and £256,780.
  • Compensation for the total loss of (natural) kidney functions and significant risk of infection could be up to £78,080.
  • Where one kidney is lost but the other remains undamaged, compensation could range from £37,550 to £54,760.
  • Harm to the digestive system, causing fever, acute pain, vomiting and diarrhoea which causes hospitalisation could be awarded between £46,900 and £64,070.
  • Harm to the digestive system causing vomiting and diarrhoea for 2-4 weeks followed by disturbed bowel function could be awarded between £11,640 and £23,430.
  • Dermatitis affecting both hands, which affects your ability to work and which could also cause psychological harm could be awarded between £16,770 ad £23,430.
  • Dermatitis which affects 1 or both hands, but which can be treated or where the person can use gloves for some tasks could be awarded between £10,550 and £13,930.

Figures above were taken from the JCG with the exception of the first. This figure illustrates a complete settlement which is also awarded special damages.

How Will My Compensation Amount Be Calculated?

Your allergic reaction compensation amount may be calculated by taking a variety of factors into account. As highlighted, you could be awarded compensation under general and special damages. Whilst special damages may be based on your financial losses (discussed in the next part of our guide), general damages may be calculated by taking account of your injuries. In general, the more severe the allergic reaction suffered, the more compensation you could be awarded.

  • Moderate allergic reactions could include effects such as breathing problems or rashes, which require treatment. They may be caused by a mislabelled dish in a restaurant and could require medication to treat.
  • Severe allergic reactions could give rise to chronic conditions or cause anaphylaxis. A claimant who suffered a severe reaction could be awarded a higher settlement, due to the more severe effects.

By referring to the JCG, a solicitor can ensure that your compensation for general damages reflects the severity of your allergic reaction. A solicitor from our panel could advise how much compensation you may be eligible to claim.

Can I Claim For Any Financial Losses I’ve Experienced?

In addition to compensation for your injuries, allergic reaction claims may also compensate for financial losses. Special damages are designed to compensate claimants for expenses and losses caused by their injury.

Common examples of financial losses claimants may experience and for which they could claim:

  • Lost earnings and income. Severe illnesses and injuries could lead someone to you being unable to work. You may lose income as well as entitlement to workplace benefits. Compensation for lost income may form a large part of your settlement. It can help to ensure you can provide for your family whilst recovering from your injury.
  • Medical expenses. You may have had to pay for medical treatment, to access specialist services or for medication.
  • The cost of professional care. You may have needed professional care in the home, or in a specialist facility.
  • Travel expenses. You could recover the cost of travelling to and from medical treatment.

You will need to provide evidence of these costs and that they were caused by your allergic reaction. For example, invoices for medical care may show what treatment you needed and its costs. Bank statements and wage slips may show any impact on your earnings and income.

These are just some examples of special damages you could claim compensation for. Speak to an advisor today to learn more about what could be included in an allergic reaction compensation claim.

A person has hand an allergic reaction on their hands.

Am I Able To Claim Allergic Reaction Compensation?

Yes, you could claim allergic reaction compensation if the reaction was caused by another party breaching their duty of care to you. To make a allergic reaction compensation claim, you will need to show that:

  • Another party, such as a restaurant, owed you a duty of care.
  • That they breached this duty. For example, a diner informs a restaurant about a nut allergy prior to ordering their food. They are told a dish is nut free, but the dish served contains nuts.
  • This breach caused an avoidable allergic reaction.

Key pieces of legislation apply to allergic reaction claims. The Food Standards Act 1999 was established by the Food Standards Agency. Its main purpose is to set out food safety and standards to protect the public in relation to food. The Food Standards Act 1990 sets out the framework for all food legislation within England, Scotland and Wales

Failing to inform customers about the presence of allergens could result in serious harm. In severe instances, allergic reactions may leave someone with long-term illness or even be fatal. According to the Food Standards Agency, the 14 main allergens are:

  • Eggs,
  • Milk,
  • Tree nuts (including walnuts, almonds, cashews, hazelnuts, brazil nuts, pecans, macadamia nuts and pistachios.
  • Peanuts
  • Celery.
  • Fish.
  • Molluscs (including muscles and oysters).
  • Sesame.
  • Mustard.
  • Crustaceans (including lobsters, prawns and crabs).
  • Cereals containing gluten.
  • Soybeans.
  • Lupin.
  • Sulphur dioxide and sulphates.

If you suffered an avoidable allergic reaction you may be able to make a claim. To do so, you must prove that the allergic reaction happened because the cafe, restaurant, etc, failed to provide necessary allergy information and/or did not take account of your notification of an allergy.

An advisor could provide more information on eligibility criteria for allergic reaction claims.

Am I Able To Claim On Behalf Of My Child?

You could claim compensation if your child suffers an allergic reaction and their case meets the criteria outlined above. In order to make a claim on behalf of a child you will need to be appointed to act as their litigation friend.

A litigation friend is a person, appointed by the court, who claims on behalf of a child or other person unable to do so themselves. Their role is to ensure that the person harmed is kept informed of the progress of their claim and to act in their best interests. Different time limits may apply if claiming on behalf of a child.

You could make a claim if you or your child suffer an allergic reaction due to the negligence of another party. Please contact us to find out how a solicitor could help you claim compensation for an allergic reaction.

Who Is Liable For An Allergic Reaction?

dentifying who is liable for an allergic reaction is a crucial part of making a successful claim.. Liability is owed by the party who failed to meet their legal duty of care. This may be a business, such as a food retailer, an employer or other party.

Parties who may hold liability include:

  • Food manufacturers may be liable where pre-packaged foods are mislabelled or where they fail to list allergens.
  • Caterers, event organisers could be liable if they neglect allergy safety at an event.
  • Restaurants, cafes and similar establishments may be liable where they did not label items on a menu, providing allergy information or where informed by a customer about an allergy, such as a nut allergy.
  • Shops and other retailers may be considered liable if they sell products which are not clearly marked as containing allergens.

Personal injury claims may be made in these and other circumstances. A personal injury solicitor from our panel could provide advice and help explain how allergic reaction compensation amounts are calculated..

A person has hand an allergic reaction on their hands.

How Can I Start My Allergic Reaction Claim?

The process of starting an allergic reaction claim may seem daunting, however, there are some simple steps which you can take to make the process more straightforward.

Firstly, seek medical care. This is an important step in helping you make full recovery and in building a body of medical evidence.

Next, you should secure evidence showing how your case meets the eligibility criteria outlined in this guide. Being able to show the incident was caused by someone else’s negligence is a crucial part of allergic reaction claims.

Gather evidence such as:

  • Copies of your medical records showing symptoms and effects as well as details of hospital admissions and of your allergy.
  • A copy of a medical report generated during an independent medical assessment. This assessment may be organised by a solicitor.
  • Any packaging the food came in or photos of it which indicate it was mislabelled.

Apply within the time limit.

You must also ensure that your allergic reaction compensation claim is filed within the applicable time limit, as set by the Limitation Act 1980. These time limits are:

  • 3 years from the date of the allergic reaction or of your learning the cause of it when claiming for yourself.
  • 3 years from your 18th birthday if you were a child at the time of the incident. Prior to this, a litigation friend may act on your behalf as previously discussed.

There is no applicable time limit if the person harmed has a reduced mental capacity. A claim may be made on their behalf at any point following the allergic reaction. The 3 year time limit may be applied if the person harmed does regain their mental capacity.

Talk to our team about your allergic reaction claim. An advisor could connect you to one of our panel of experienced personal injury solicitors. They could assist in building your case, gathering evidence and ensuring your claim is filed on time. They could also provide information on how allergic reaction compensation amounts are calculated.

Get Help From UK Law

Get help from UK Law with your allergic reaction compensation claim. Our panel of experienced personal injury solicitors could help you to make a successful claim. They could assist you by:

  • Handling your claim under a type of No Win No Fee agreement called a Conditional Fee Agreement, meaning you only have to pay solicitors charges if and when awarded compensation.
  • Helping you to understand how allergic reaction compensation amounts are calculated.
  • Clearly explanations of legal terms.
  • Negotiate with other parties to the case.

Our panel of solicitors includes experts in allergic reaction claims, who have taken on cases similar to yours.

Contact Our Advisors

Whether harmed by a food allergy or other type of allergic reaction, contact an advisor today.

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Learn More

You can learn more about related personal injury claims in these resources and guides.

Resources.

Speak to our team for more information on how allergic reaction compensation amounts may be calculated.