If you have a latex allergy, it could prevent you from eating particular foods. You could take steps towards ensuring that you avoid such items, but what if someone’s negligence when preparing food triggers your latex allergy despite your efforts to be cautious? Could you be entitled to allergic reaction compensation?
That’s what we’re going to be covering in this guide. As part of this, we explore a £19,000 allergic reaction compensation payment case study. We will also discuss compensation calculators, special and general damages, No Win No Fee agreements and other elements of any claims process.
Our panel of personal injury lawyers could handle your case. To speak to our panel, you should first talk to our friendly team of advisors about your latex allergy situation. Call 0800 408 7825, use the form on our website or check our live chat function in the bottom corner. In the meantime, though, you can read this guide.
Choose A Section
- A Guide To Calculating Latex Allergy Compensation
- Latex Allergy Vs. Other Allergies
- Financial Loss From Allergies
- What Causes Allergic Reactions?
- Expert Settlement Calculations
- Care Claims For Latex Allergy Victims
- Case Study: £19,000 Allergic Reaction Compensation
- Victims Can Get Free Claim Estimates
- No Win No Fee Latex Allergic Reaction Compensation Claims
- Find Top Personal Injury Solicitors For Allergic Reaction Compensation
- Talk With Us About Allergic Reaction Compensation
- Additional Guides On Allergic Reaction Compensation
This guide looks at what to do if a party who had a duty to protect your health (such as a restaurant) failed to provide you with correct allergy information (or was negligent in another avoidable way) and caused you to suffer a latex allergic reaction.
If you’re taking legal action to receive allergic reaction compensation, it’s good to remember the personal injury claims time limit. It provides you with a 3-year window in which to make your claim.
A child or someone with reduced mental capacity could have their claim managed by a representative (litigation friend). If the child turns 18 or when the victim regains mental capacity, their 3-year window then begins. Learn more about this particular aspect of the claims process by calling us on the number at the top of the page.
Our advisors offer free legal advice and you won’t be under any obligation to proceed with our services following your contact with us. If you have an eligible claim, they can put you in touch with our panel of personal injury lawyers. It’s entirely up to you. Our advisors are on-hand 24/7, so they’re ready whenever you are.
There are numerous kinds of allergies, which include food, drug, insect, pollen and mould. A latex allergy differs from these.
If you have a latex allergy, you may have to avoid certain fruits or vegetables such as bananas, kiwis, tomatoes and carrots. Also, the likes of celery, papaya, avocados and chestnuts could cause a reaction. This is because all of these foods contain the same allergens found in natural rubber latex. The body can confuse these as harmful, thus causing an allergic reaction.
Other products that may contain latex and cause an allergic reaction include:
- Dishwashing gloves
- Some types of carpeting
Typical symptoms of an allergic reaction caused by latex could include wheezing, vomiting and dizziness. In severe cases, there could even be breathing problems, as well as a loss of consciousness. It could take up to 48 hours for you to feel symptoms and they could last for some time. In the most severe cases, the reaction proves fatal.
The more severe the impact is on your life, the higher your potential allergic reaction compensation could be. Use the 24/7 live chat function for further details.
Financial difficulties arising from a latex allergy could include spending more on particular food and drinks to avoid consuming potentially harmful products.
Regarding the aftermath of a reaction, medical costs and time away from work could be the most significant factors. That’s because it could take various medications to recover, while unpaid sick leave may mean you have a reduced income during recovery.
Any potential financial problems could influence what allergic reaction compensation you could claim. That’s because you could recover any financial losses you suffered because of an allergic reaction caused by someone else’s negligence if you claim.
You would need proof to do this. You could use:
- Medical bills
- Travel receipts (if you needed to use a taxi to go to hospital or appointments with your solicitor, for example)
Please speak to our specialist team if you want to understand more about this topic.
To claim negligence in the event of a latex allergic reaction, there are three criteria to meet:
- Primarily, a third party would have owed you some form of a duty of care; but
- Somehow a breach of this occurred leading to a hazardous situation; and
- As a result, you suffered an injury or illness, including an allergic reaction.
Three areas would cover most scenarios that could lead to a successful allergic reaction compensation claim. Employers need to protect your health and safety as a duty of care under The Health and Safety at Work etc. Act 1974. Perhaps you had to eat food during a corporate meal that contained latex, causing you to suffer a reaction. If your employer supplied the food and you had warned them of your allergy but they had neglected to appropriately respond, you could claim.
If your employer had appropriately responded but the separate company supplying the food had failed to take appropriate action to protect your health, you may be able to claim against the food provider. In this case, the Occupiers’ Liability Act 1957 protects you.
To avoid being injured in a public place (such as a restaurant) generally means keeping customers’ health and safety a priority at all times. But an accident in a public place could see you suffering a reaction after consuming food containing proteins similar to those in latex. If you suffered despite informing the waiter beforehand that you can’t eat certain foods, and they allowed you to be served with the food anyway, you could claim.
Learn everything you need to know about latex allergic reaction scenarios by giving us a call today.
Assuming you’ve suffered the consequences of a latex allergic reaction, the next step is seeking medical help. You would have the symptoms (such as coughing and rashes) analysed by a doctor. And you could learn when you would return to normal.
A medical assessment is also part of the claims process. It’s important in establishing whether the incident caused your reaction or at least worsened them. An independent medical expert may be able to look over your past medical notes so don’t worry if you no longer have symptoms.
From there, you (or your solicitor, if you choose to use one) can calculate an allergic reaction compensation figure based on general and special damages. General damages compensate you for the physical symptoms, any pain you’re enduring and your short-term loss of independence.
As for special damages, these would be covering the financial fallout from this allergic reaction. So, rising medical costs (potentially for the long-term in severe cases) would be one example.
Another could be the loss of earnings while you’re away from work. To find out more about general or special damages in this context, please have a word with our friendly team.
Another element of special damages could be a care claim. This relates to assistance you receive while you recover, and it could go towards your allergic reaction compensation. If you had to pay for professional care while you recovered, you could add the cost to your claim.
Care claims also cover the gracious care that you receive from friends and family as you recover. And if you hire any professionals to handle basic home chores while you recuperate, they could also be included.
Consequently, keep any relevant receipts and invoices for either a nurse or home chores as they could prove valuable for your case. Get in touch with our specialists to ask any questions about care claims.
Mr Keith, 34, worked as a fitness instructor by trade. As someone with a latex allergy, he knew which foods to avoid, allowing him to maintain a healthy diet. If anything, the allergy enhanced Mr Keith’s understanding of nutrition for the benefit of his clients. However, that didn’t stop an unexpected incident from occurring.
One evening, Mr Keith was out with friends enjoying a nice meal at a restaurant. Now, Mr Keith had informed one of the waiters earlier about his latex allergy to avoid potential mishaps involving his food. However, when he asked for recommendations on the desserts, the waiter suggested a meal that included allergens he would react to.
Mr Keith double-checked the menu to ensure it was safe to eat. The menu didn’t show that the meal would be unsuitable.
Consequently, after Mr Keith ate his dessert, he slowly began to feel unwell. Initially, he thought he was coughing due to smokers outside the restaurant, so he thought nothing of it.
By the next morning, though, Mr Keith was feeling dizzy. And when he went into work to conduct his first workout of the day, he felt too unwell. To his students’ shock, Mr Keith began to experience significant breathing difficulties, which led to him passing out. In the process, he fell backwards and banged his head on the floor.
One of the students immediately called for an ambulance, and Mr Keith was transported to the hospital. After being revived, he learned that he had suffered an allergic reaction which led to his breathing problems and coughing. What’s more, Mr Keith had sustained a minor head wound. He would make a full recovery, but he would have to take two weeks off work while remaining in hospital.
Once he returned home, Mr Keith’s employers suggested he take it easy while returning to 100% strength. That was due to the occasionally challenging nature of the workouts he would lead. Consequently, Mr Keith would end up missing a full month away from work following the series of events. In the meantime, he began putting the pieces together regarding his allergic reaction.
Mr Keith quickly concluded that his problems began with the trip to the restaurant. After researching the dessert, Mr Keith realised that he had unknowingly consumed apple. He was shocked because the waiter who recommended the meal was aware of his latex allergy.
As a result, and after talking with a personal injury lawyer, Mr Keith decided to take legal action. He filed a latex allergic reaction compensation claim for negligence against the restaurant and received a settlement of £19,000. That figure comprised £15,020 for general damages plus £3,980 as special damages.
Type Of Special Damages Includes: How Much?
Allergic Reaction Costs of suffering an allergic reaction due to unexpected latex consumation £8,950
Minor Head Injury Costs of suffering a minor head injury £6,070
Type Of Special Damages Includes: How Much?
Lost Earnings Costs of being unable to work as a fitness instructor for 1 month £2,500
Medical Costs Costs of medication while he was hospitalised and during his recovery £100
Transport Costs Costs of using buses and trains to travel to and from the hospital £300
Care Costs Family's gracious care £500
Other Costs Loss of holiday deposit £580
The case of Mr Keith is purely an example. It is based on previous cases our panel of personal injury lawyers have handled.
You may be wondering how we estimate your potential allergic reaction compensation payout. Perhaps, you may be thinking; we could use an online personal injury claims calculator. But this is not the case.
Instead, we ensure our estimates are entirely accurate and unique to your circumstances in the aftermath of your latex allergic reaction. This means we factor in previous instances, the symptoms and recovery period of your current situation, and the potential long-term impact.
The latter would include the possible financial fallout if the allergic reaction interrupted your career somehow. And as a common courtesy, Public Interest Lawyers would provide the compensation estimate free of charge. Please speak to our knowledgeable team to discuss compensation estimates in more depth.
Now, you may be familiar with the concept of a No Win No Fee agreement. But if you’re not, allow us to divulge some benefits of working with a No Win No Fee solicitor:
- Your personal injury solicitor wouldn’t require payment of their fee upfront.
- They also wouldn’t request payment while the case is in progress.
- If the case loses, you don’t pay any of your personal injury lawyer’s fees.
- If your case wins, your solicitor takes a success fee, which has a law-enforced limit.
Call us via the number above to chat about No Win No Fee agreements for allergic reaction compensation cases.
To find the strongest personal injury lawyer around, you should prioritise a solicitor’s qualifications, a track record of claim victories and client reviews. What’s more, look into when their most recent success was for a claim relating to an allergic reaction compensation case.
If they have multiple recent wins for that speciality, then chances are you could trust them to handle your case. As Public Interest Lawyers meet all of these criteria and more, we advise you speak to us. Use our live chat below to ask us about our credentials and history of winning allergy cases.
The only logical step to take now is to chat with our helpful team about filing a claim. That way, our panel of personal injury lawyers could begin to focus on winning your case for allergic reaction compensation. To speak to us as soon as possible, you could:
- Call us up on 0800 408 7825.
- Enter your details into the online form.
- Drop us a message through the live chat.
We operate 24/7, so we can answer enquiries instantly, and you’re not under any pressure to claim after contacting us.
We hope that this guide increases your understanding of latex allergic reaction compensation claims. But if you do need additional information, make sure to look at these links.
The Public Interest Lawyers website goes into great depth about our work for claimants just like you.
We also discuss making a claim for a public liability breach.
And we have a page all about public accident claims.
The NHS has a page of its own discussing allergies.
Plus they offer guidance on healthy diets for those who have allergies.
And you can also check out the Health and Safety at Work etc. Act 1974.
Article by AR