Last Updated 19th December 2024. If you have a latex allergy, it could prevent you from using certain products. While you could take steps to ensure that you avoid such items, there are times when you depend on others to keep you safe. Could you be entitled to a compensation payout for a latex allergy?
We will explore an illustrative case study. In this study, a personal trainer receives a £19,000 compensation payout for a latex allergy reaction caused by a negligent restaurant. This example will be particularly useful for understanding how personal injury claims work and how compensation is calculated.
To help you understand this further, we will also break down these calculations and discuss how latex allergy settlements can be sought with a No Win No Fee solicitor.
Our panel of personal injury lawyers could handle your case. To speak to our panel, speak to our team of expert advisors about what happened to you and see if they can help:
- Call us on 0800 408 7825
- Enter your details into our Contact Us form
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Choose A Section
- Can I Make A Latex Allergic Reaction Claim?
- 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
Can I Make A Latex Allergic Reaction Claim?
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 your employer knew about your latex allergy, but still provided you with Personal Protective Equipment (PPE) that contained latex. This led to you suffering a severe allergic reaction.
Occupiers and service providers owe members of the public a duty of care under the Occupiers’ Liability Act 1957. This means that you must be kept reasonably safe. An example of when this could be breached is you’ve visited the hairdressers. Although you inform them that you’re allergic to latex, they use latex gloves when applying a hair dye. This led to you suffering an allergic reaction.
Learn everything you need to know about latex allergic reaction scenarios by giving us a call today.
Expert Settlement Calculations
A medical assessment is often part of the claims process. It’s important to establish whether the incident caused your reaction or made it worse. If you no longer have symptoms, an independent medical expert may be able to look over your medical records.
From there, the person handling your claim can calculate a latex allergy compensation amount based on general and special damages. General damages compensate for your pain, suffering, and any reduction in life quality. These values are taken, at least provisionally, from the Judicial College Guidelines (JCG), a publication of compensation guidelines.
Below are some examples. Please note that they are only advisory. Claims are complex and may vary as they progress. The top figure is not part of the JCG and is an illustration of what can be claimed for multiple very serious injuries and includes financial losses, such as lost earnings.
| Injury | Severity | Guideline Compensation |
|---|---|---|
| Multiple Injuries plus Special Damages | Very Severe | Up to £100,000 or more |
| Post-Traumatic Stress Disorder | Moderately Severe | £28,250 to £73,050 |
| Moderate | £9,980 to £28,250 | |
| Less Severe | £4,820 to £9,980 | |
| Asthma | Bronchitis and Wheezing | £23,430 to £32,090 |
| Relatively Mild | £12,990 to £23,430 | |
| Mild Asthma | Up to £6,280 | |
| Dermatitis and Other Skin Conditions | a) | £16,770 to £23,430 |
| b) | £10,550 to £13,930 | |
| c) | £2,080 to £4,820 |
Financial Loss From Allergies
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. This part of the claim is called special damages.
You would need proof to do this. You could use:
- Receipts
- Prescriptions
- 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 find out more about general or special damages, reach out to our advisors who can listen to your account of your injuries and discuss potential avenues for compensation.
Care Claims For Latex Allergy Victims
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 compensation payout for a latex allergy. 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.
Case Study: £19,000 Allergic Reaction Compensation
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 compensation payout for his latex allergy 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 intake | £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 a fictional example based on previous cases our panel of personal injury lawyers have handled.
Victims Can Get Free Claim Estimates
You may be wondering how we estimate your potential compensation payout for a latex allergy reaction. 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.
No Win No Fee Latex Allergic Reaction Compensation
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 legally-enforced limit.
Call us via the number above to chat about No Win No Fee agreements for allergic reaction compensation cases.
Find Top Personal Injury Solicitors For Allergic Reaction Compensation
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.
Talk With Us About Allergic Reaction Compensation
You could be owed a compensation payout for a latex allergy if a third-party should have been more careful in handling it. Contact our advisors if such an event has ever caused you harm. 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 on 0800 408 7825
- Enter your details into our Contact Us form
- Use the Live Chat feature below
We operate 24/7, so we can answer enquiries instantly, and you’re not under any pressure to claim after contacting us.
Additional Guides On Allergic Reaction Compensation
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.
Thank you for reading our guide on how to seek a compensation payout for a latex allergy.
