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Can I sue for an allergic reaction?

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According to statistics, it has been reported that over 250 million people worldwide suffer from some sort of food allergy. In fact, studies show that the prevalence of allergic diseases worldwide is on the rise. This is thought to be because children are no longer being exposed to enough germs so that the immune system can identify what is a threat and what is not.

In the UK, it’s estimated that 21.3 million adults suffer from at least one allergy and the number of people with allergies in the UK is rising by 5% every year, so it’s safe to say that allergic reactions are common.

 

Can I sue for an allergic reaction: Common allergies and reactions

 

There are quite a few common allergies that most people either have or heard of before. These are things such as:

– Peanuts

– Fish

– Eggs

– Gluten

– Pollen

– Dairy

– Certain medications

 

Suffering from an allergic reaction can be life threatening and should not be taken likely, especially if the person experiences ‘anaphylactic shock’. Anaphylaxis is when the immune system releases an excess of chemical to fight off a substance which it wrongly considers a threat. When experiencing an anaphylactic shock, symptoms may include:

 

– Skin reaction and irritation

– Low blood pressure

– Difficulty breathing/ choking

– Vomiting

– Nausea

– Fainting

– Skin swelling

 

Sometimes, if you have suffered an allergic reaction due to the negligence of someone else, like a chocolate bar company, then you may be entitled to make an allergic reaction compensation claim. Under the Consumer Protection Act 1987, food manufacturers have a duty of care to provide labelling on their products that declare food allergens that may be in their food products. If they fail to do so and you experience a reaction, then the manufacturer will be held liable.

Similarly, you can sue a restaurant for negligence in two possible scenarios:

The menu contained incorrect information – the restaurants menu must be clear in stating that the meal you consumed is free from allergens. If a dessert you ordered has nuts in without stating it on the menu and you have a reaction to it, it’s easy to make a claim for compensation as evidence is clear and easy to collect.

Staff member providing incorrect information – Staff members are required to ask customers whether they have any previous allergies. If they fail to be informed or wrongly inform you that a meal does not contain any allergens when it does then this too is negligence. This claim is much harder to prove as you will need evidence that proves the staff member gave you the wrong information. Your word versus theirs is not always the easiest approach when trying to win a case.

Allergic reactions to hair dye are becoming a common area where claims are beginning to be made. As hair colouring is becoming more popular, more and more people are injured every year due to hairdressers failing to fulfil their duty of care and carry out basic skin patch tests to identify pre-existing allergies.

 

Can I sue for an allergic reaction? The claims process

 

If you have suffered an allergy due to negligence, you may be wondering “Can I sue for an allergic reaction?” The best way to know whether you are entitled to compensation is to seek legal advice from a legal professional who specialises with personal injury claims.

Here at Wildwood Legal, we have personal claims lawyers that are more than capable to take on your claim for allergic reaction. We are regulated by the Solicitor Regulation Authority, for more information about the standards that we follow, check out the SRA standard regulations.

At Wildwood Legal, we want to make the process from making a claim, to receiving compensation as smooth as it can possibly be. Our personal injury lawyers will be the main communication points between you and the restaurant / manufacturer to help come to a reasonable agreement that makes sure you are receiving your deserved compensation.

Our main aim is to have your claim sorted through a settlement and avoid Court proceedings at all costs. If, however, this is not possible, your claim will go to the Court and will need to be ruled by a Judge. They have the power to decide on the amount of compensation that you will be awarded.

The law on time limits for allergic reaction claims can be complicated. However, the general rule is that you have three years from the date of the reaction to have either settled your claim or started Court proceedings where the injury occurred at work.

The three-year deadline commences from the date that the incident happened or from the date on which you realised that your symptoms are associated with an allergic reaction.

 

Can I sue for an allergic reaction: Compensation for an allergic reaction

 

If you successfully make an allergy claim and are entitled to compensation, then there are two types of damages that you may be rewarded: general damages, and special damages. General damages refer to the amount of compensation that you will receive for your direct suffering. These are usually physical things such as pain, hardship and loss of amenity. The amount of compensation you will receive depends on the severity of loss for all these areas depending on the facts of the case.

Special damages, on the other hand, are the additional financial loss you may have received because of the experience, such as:

– Travel costs

– Cost of treatment/ medication

– Loss of earnings from work

– Costs of care and assistance

 

A medical expert may be asked to produce a report that outlines the severity of the reaction. This medical report will be the foundation to how your compensation’s calculated for your injuries. For example, if you have a mild break out reaction from a food manufacturer, your compensation is unlikely to be as high as someone who goes into full anaphylactic shock that had to be admitted to hospital.

Every case is different and depends on the minor details, but we can help make this process as clear and easy as possible for you.

 

How much does it cost to make a claim for an allergic reaction?

 

We will always be 100% transparent about what our charges are, and if we take on your case we will almost always do so on a Conditional Fee Agreement (also known as a No Win, No Fee basis).

This agreement means that if you do not win your case, you do not pay us any fees at all. If we win the case, we take a small percentage of your compensation, which we will agree with you beforehand, to cover our costs.

We will never ask you to sign anything until you are completely happy with what it is that we are proposing.

 

How Wildwood Legal can help?

 

If you’re still left wondering whether you can sue for an allergic reaction then the answer, is yes. However, the process can be difficult to go through alone- that is why we are here to help. Wildwood Legal is a firm that specialises in all sorts of personal injury claims that focus on getting people who have unfortunately been involved in an accident that was not their fault.

If you believe that you have unfairly experienced an allergic reaction due to the negligence of someone else, then contact us today and make a claim. One of our specialists will help guide you through the claims process.

We promise to guide you through every step of the claims process and do our very best to get the maximum possible level of compensation for you. You can contact us by phone 01423 209 046 or by email info@wildwoodlegal.co.uk.

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