Can I Claim for an Allergic Reaction Injury?
Published on:June 24, 2021

According to AAFA, about 7.7 percent of adults were diagnosed with hay fever in 2018, making allergic reactions the 6th leading cause of chronic illness. When you have an allergy, you’re likely to avoid foods or situations that trigger an allergic reaction. But it becomes a life-threatening condition if you’re unaware that you’re allergic to a substance.

Whether it was an allergic reaction to food, medication, or perhaps cosmetic products, you’re liable to file a claim against the party responsible provided they knew about your condition. Before you proceed, make sure you work closely with a personal injury attorney for proper guidance and representation.

When to sue for an allergic reaction

After battling with an allergic reaction, you’ll most likely look for someone responsible. That can be done provided you’re convinced that it could have been prevented. It doesn’t work in all scenarios since not all situations have someone to blame for your allergic reaction.

For instance, informing the waiter of your allergy will help them serve you without including the ingredients likely to cause a reaction. Many people often find it embarrassing to disclose their allergies, but it is better than getting an allergic reaction because they had no idea.

If after informing the waiter of your allergies, let’s say tree nuts and yet, you were still served with such an ingredient in your food, the restaurant can be sued on the grounds of negligence. In the same light, if your doctor overlooked an allergy listed in your chart and went ahead to give you a medication that causes an allergic reaction, you could file a medical malpractice claim against them.

Common Allergies

About 50 million Americans suffer from allergies every year, proving that allergies are not rare like you may have thought. There are different kinds of allergies, such as indoor and outdoor allergies, including skin, food, drug, insect, latest, and so many others.

Fortunately, restaurants and product manufacturers are aware of these allergies and know just how to prepare them. But they wouldn’t know about your allergy without you disclosing it to them. Some common allergies include:

  • Milk
  • Dust
  • Gluten
  • Grass
  • Peanut
  • Cat and dog
  • Penicillin
  • Insects stings
  • Latex

People with these common allergies cautiously go about their day to avoid triggers. But when you’re suffering from a rare kind of allergy, it becomes even frightening. After suffering from an allergic reaction that could have been prevented, you should hire a competent personal injury lawyer to file a claim.

As long as the party responsible was aware of your allergy, you have every right to file a claim. By working with one of our experienced personal injury attorneys, rest assured that you’ll be guided and your interest protected. Go ahead and give us a call 718-273-7900 , or perhaps fill the contact form. Let’s begin!