How Much Compensation Can I Claim For An Ear Injury?
By Stephen Hudson. Last Updated 6th September 2023. In this guide, we offer advice on ear injury claims, including the steps you can take to receive compensation if you have valid grounds to claim for such an injury. If you have suffered an ear injury from getting hit by an object or vehicle, or because of a different type of accident, then you may be eligible to claim if the accident was caused because another party breached the duty of care that they owed you.
Included in this guide is a summary of the different types of injury to the ear that could occur in an accident caused by a breach of duty. We’ll also go through each important step to take if you wish to pursue a claim. This guide also features advice on how compensation payouts are calculated and how working with a No Win No Fee solicitor could benefit you.
Ear injury claims
If you have any questions about eye injury claims, you can talk to our team of advisors about them for free. They are available 24 hours a day, 7 days a week. To get in touch, you can:
- Phone us on 0800 073 8804
- Write us a message on our contact page
- Message us through our 24/7 live chat service
Select a section
- What Is an Ear Injury?
- Ear Injuries in Road Traffic Accidents
- Steps To Take After An Ear Injury
- Making a No Win No Fee Compensation Claim
- What Can I Claim For in a Personal Injury Claim?
- How Much Can I Claim For An Ear Injury?
- Useful Links
What Is An Ear Injury?
Inner/Middle Ear Injuries
Ahead of filing any ear injury claims, let’s delve into what the various ear injury types are. Middle and inner ear injury types affect the more complex parts of the ear. These injuries can range from damage caused by trauma, such as a traffic accident, sports, or even workplace accident, through changes in pressure or foreign objects causing internal damage.
When a person experiences a head injury or trauma, the air pressure inside the inner ear can increase. Ear injury symptoms from this can often be a perforated eardrum. This type of inner ear injury can also be caused by excessive noise in a working environment. Sudden and dramatic pressure changes (such as diving or even skydiving) can cause the Eustachian tubes to compress. This then prevents air from entering the middle ear and can again result in a perforated eardrum.
Foreign objects can also be a cause of damage to the inner or middle ear. Damage to the outer parts of the ear can be less serious in terms of effects on your hearing, though they may result in much more cosmetic damage. Aggressive trauma can be caused by a variety of different contact sports and other activities.
Outer Ear Injuries
A very common condition known as “cauliflower ear” is caused by direct trauma to the ear. This causes blood clots to form beneath the skin or the skin to be stripped away from the cartilage. The very outer parts of the ear can be damaged by things such as burns or even frostbite in extreme temperatures. Outer ear damage can be caused by surgical negligence.
These ear injury symptoms can range from having a mild and cosmetic effect on a person’s life to life-changing effects. If you’d like to know more about workplace ear injury claims, then our next section may be of interest to you. Alternatively, you can call our team using the contact details at the top and bottom of this article.
Ear Injuries in Road Traffic Accidents
When we think of injuries sustained in road traffic accidents, our minds will often jump to whiplash, soft tissue damage and, in more extreme cases, fractures of the bone. But it is possible for an accident on the road to result in injury to the ear.
As we’ve already seen, outer ear injuries can be caused by a blow to the head. So if in a car accident, your head hits the inside of your car or your windshield, this may result in enough trauma to the ear to cause damage, such as cauliflower ear. In extreme cases, a blow to the head in a car accident could result in a ruptured eardrum, which may cause partial or total deafness in one or both ears.
An often overlooked outcome of road traffic accidents is tinnitus, resulting in a ringing or buzzing sound in the ear. This can be caused by the loud noise caused by your airbag deploying, which can also rupture the eardrum in more extreme cases. It can also be caused by the impact of your head hitting the airbag, which is known as “whiplash tinnitus“.
Tinnitus may seem like it would be a mild annoyance. But tinnitus that doesn’t go away can cause many problems, including loss of sleep and depression. For more information on the symptoms you should look for that indicate ear injuries, please read our next section.
Steps To Take After An Accident Causing An Ear Injury
When you’ve suffered from an ear injury, it’s natural that the thing you’re most focused on is your recovery. But in order to strengthen your ear injury claim, there are some steps you should take after your accident:
- Record evidence: Luckily, the majority of people now carry high-quality cameras in their pockets everywhere they go. If you’ve been in an accident because of someone else’s negligence, whether at work, in a public place or on the road, you should take photographs to serve as evidence in your claim.
- Collect witness testimony: If anyone saw the accident occur and can verify how it occured, you should try to get their contact information if possible. They may be able to provide evidence that proves valuable to your claim.
- Seek medical attention: Not only does this ensure that you get the treatment you need, but it also makes sure that a record of your injuries exists that can be referred back to later.
- Document your expenses: Keep any receipts, bills or invoiced of costs that you incur as a result of being injured.
- Speak to a solicitor: Although you don’t need a solicitor’s representation to make a claim, having someone who’s able to provide you with legal advice and who understands the claims process will make everything run much more smoothly.
How Long Do I Have To Claim Ear Damage Compensation?
When making a claim for ear damage compensation, you will need to ensure that you start your claim within the relevant time limit. The Limitation Act 1980 states that you will generally have 3 years to start your claim from the date you suffered your injury.
However, there are certain exceptions to this time limit. These include:
- For minors, the time limit is paused until their 18th birthday. Before this date, a litigation friend appointed by the court could start a claim on their behalf. If a claim has not been made by their 18th birthday, they will have 3 years to start their own claim.
- For someone who lacks the mental capacity to start their own claim, the time limit is suspended indefinitely. A litigation friend could make a claim on their behalf. However, if they were to regain this mental capacity, they will have 3 years to start a claim from this date if one has not already been made.
Contact our advisors today if you have any questions about making a claim for ear injury compensation. They could also inform you whether you have enough time to start your personal injury claim.
Making A No Win No Fee Compensation Claim
As we’ve already mentioned, choosing to have a personal injury solicitor act on your behalf in a claim can take some of the pressure off you when making an ear injury compensation claim. But for many people, the perceived financial risk of having a solicitor act for you can be off-putting.
Our No Win No Fee Agreement, or Conditional Fee Agreement, means that you don’t need to worry about this aspect of making a claim. We won’t take a penny off you before your claim starts or while the claim is processing with this agreement.
If you’re unsuccessful in your claim, we won’t ask you to pay anything to the solicitor’s fees. If your claim is successful, then we’ll take a “success fee” from your compensation amount to cover the costs. Don’t worry- this fee is legally capped, and we’ll always discuss with you beforehand what percentage of the compensation we’ll deduct in the event of a successful claim.
If you’d like to know more about what can be included in ear injury claims, then you’ll find our next section of interest.
What Can I Claim For in a Personal Injury Claim?
When you make a claim for personal injury after damage to your ear, the compensation you receive will cover two different types of damages: general damages and special damages.
General Damages
The general damages part of your claim will be based on your injuries themselves. Through general damages, you’ll be compensated for the pain and suffering that you’ve experienced as a result of your injuries.
To make sure that the general damages head of the claim is appropriate for the level of injury you’ve experienced, you’ll be invited to a medical assessment as part of your claim. As well as confirming that your injuries were caused by the accident you were involved in, this assessment will determine any long term effects that your injuries may have on you so that you can be fully compensated.
Special Damages
Special damages are the part of your claim that will compensate you for any financial losses that you’ve experienced because of your accident. This can include things like the time you’ve had to take off work and even lose future earnings if your injuries prevent you from working.
It will also include any travel expenses that you’ve incurred because of your injuries, for instance, taxi fares or public transport costs if your injuries prevent you from driving.
Although treatment for many ailments is available for free on the NHS, you may have had to pay out of pocket for things like medications, fitted hearing aids or a tinnitus masking device to aid you with sleep. These kinds of costs can also be included in your claim.
For special damages, it’s really important that you keep proof of any costs that you incur. Keep hold of any receipts for anything you pay for, as this is necessary for your ear injury claims.
How Much Can I Claim For An Ear Injury?
Damage to your hearing or inner ear can have a serious impact on your life. If loud noises have caused your ear injury, workplace injuries, an accident or trauma, you may be able to claim compensation, calculated based on how severe your injuries are. Below we guide some of the possible injuries you could suffer from an ear injury and the compensation amounts.
| Injury | Severity | Amount | Notes |
|---|---|---|---|
| Total deafness and loss of speech | Severe | £109,650 to £140,660 | In cases where deafness arises at an early age and in order to aid the development of normal speech. |
| Total deafness | Severe | £90,750 to £109,650 | Deafness in both ears. The higher end of the bracket also involves impediment to speech and/ or tinnitus. |
| Total deafness (one ear) | Severe | £31,310 to £45,540 | Can also include associated problems, including tinnitus, dizziness and/or headaches. |
| Partial Hearing Loss or/and Tinnitus | (i) Severe | £29,710 to £45,540 | Severe tinnitus and Noise Induced Hearing Loss (NIHL). |
| Partial Hearing Loss or/and Tinnitus | (ii) Moderate | £14,900 to £29,710 | Moderate tinnitus and NIHL or moderate to severe tinnitus or NIHL alone. |
| Partial Hearing Loss or/and Tinnitus | (iii) Mild | £12,590 to £14,900 | Mild tinnitus with some NIHL |
| Partial Hearing Loss or/and Tinnitus | (iv) Mild | Around £11,720 | Mild tinnitus alone or mild NIHL alone. |
| Partial Hearing Loss or/and Tinnitus | (v) Mild | £7,360 to £12,590 | Slight or occasional tinnitus with slight NIHL. |
| Partial Hearing Loss or/and Tinnitus | (vi) Mild | Up to £7,010 | Slight NIHL without tinnitus or slight tinnitus without NIHL. |
Please note these amounts are a guide, and your injury could result in a different amount of compensation.
To make a claim for an ear injury, talk to Legal Expert today. You can call us today on 0800 073 8804. Alternatively, talk to us via the online chat feature on our website or send us an email enquiry.
Useful Links
Find out how to treat an ear injury immediately after the trauma.
Find out how to make a claim for compensation after a concussion injury.
Claims against the council for personal injury
Our guide to claiming against the council or local authority.
Using a Claims Management Company
Information on using a claims management company for a personal injury compensation claim.
HSE information on hearing loss at work
An NHS guide to dealing with hearing loss
Carbon Monoxide Poisoning Claims
Find out if you could claim
Beauty Treatment Injury Claims
Our guide on claiming for these kinds of injuries.
Find out if you could make a claim.
Get help with claiming for whiplash in children with our guide.
Thank you for reading our guide on ear injury claims.
