Tinnitus Accident Claims – How Much Compensation Can I Claim?
By Cat Way. Last Updated 30th August 2023. This is a guide on how you could claim compensation for tinnitus if it was caused by the negligent actions of another. We’ll also give advice on how you could go about claiming for tinnitus and take a look at potential tinnitus compensation awards.
Tinnitus commonly presents as either a high-pitched ringing sound or a humming or buzzing in the ears. Tinnitus is a condition that many people have experienced at some point. This could have occurred after visiting a loud concert or another venue. This type of tinnitus will often disappear in a short period of time, such as by the next morning.
However, if a person is regularly exposed to excessive noise levels, this exposure can result in a significant hearing loss. Over time, this can lead to symptoms such as permanent tinnitus sounds and hearing losses. If your work has caused this tinnitus and/or hearing loss, you may be able to make a tinnitus compensation claim. We can help you recover the compensation and damages you deserve via tinnitus accident claims.
A compensation claim for tinnitus is generally made against a current employer or former employer. It will generally include damages that are caused by exposure to excessive noises in a working environment. Tinnitus claims can also sometimes form part of a compensation claim for industrial deafness.
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- What Is Tinnitus?
- What Are The Symptoms Of Tinnitus?
- Who Is Eligible To Claim For Tinnitus?
- Do I Need Evidence To Claim Compensation For Tinnitus?
- Claiming Compensation For Tinnitus With A No Win No Fee Solicitor
- Tinnitus Compensation Claim Amounts
- Why Choose Us For Your Tinnitus Compensation Claim
- Contact Legal Expert Today
- Useful Links
According to statistics produced by the BTA or British Tinnitus Association, 10% of adults in the UK will have been affected by tinnitus at some point. Tinnitus is defined as the sensation of hearing one of several sounds such as buzzing, ringing, hissing, whistling or chirping in the ear, independent from any outside sounds.
Depending on the person’s condition, this sound can be either continuous or it can be intermittent. Tinnitus can become worse when background noise is low. This is because it can be much easier for the person to hear and focus on the sounds. If you suffer from tinnitus, you may find that you become more aware of the sounds when you are alone, in a quiet room or at night when trying to sleep. Rarer causes include pulsatile or heart tinnitus. This is where the sound beats in sync with your own pulse.
Tinnitus is a wide-ranging condition and can present in a variety of different ways for claimants. General symptoms are noise in the ear, which is either continuous or intermittent. Generally, for most cases of tinnitus, the only person who will be able to hear the sound is the person suffering from tinnitus. In some rarer cases, a doctor examining the person may also hear the sound when using a stethoscope in the person’s ear. This is called objective tinnitus. If you experience any of the symptoms below, you should contact your GP and book an examination;
- Tinnitus which presents with dizziness.
- If the tinnitus is also painful, or if there is drainage from the ear.
These could also be symptomatic of other conditions such as high blood pressure, thyroid conditions or other diseases. As such, it is always a good idea to get any tinnitus to hearing and associated symptoms investigated by your GP.
In order to be eligible to make a personal injury claim for tinnitus, you need to provide evidence that you meet the following criteria:
- You were owed a duty of care.
- This duty was breached.
- You experienced harm as a result.
These three points form the basis of negligence in claims for a personal injury. If it can be proven that negligence occurred, you may be able to make a tinnitus compensation claim.
Claiming For Tinnitus After A Car Or Road Accident
Road users owe a duty of care to navigate the roads in a way that prevents harm or damage to themselves and others. To uphold this duty, they must adhere to the rules and regulations laid out in the Road Traffic Act 1988 and the Highway Code.
If this duty is breached, it could lead to a road traffic accident that causes you to sustain tinnitus. For instance, when the air bags explode this can leave the occupants with ear damage.
Claiming For Tinnitus After A Workplace Accident
Employers have a duty of care placed on them by the Health and Safety at Work etc. Act 1974. It states that they need to take reasonable and practicable steps in order to prevent employees sustaining an injury in the workplace or as they carry out their work tasks.
If this duty is breached by your employer, it could lead to an accident in which you sustain tinnitus. For example, you could suffer a head injury that damages your hearing.
For more information on claiming compensation for tinnitus, call our team on the number above.
Compensation For Tinnitus – What Are The Claim Time Limits?
The Limitation Act 1980 tells us that there is generally a 3-year time limit from the date an injury is sustained in which you must begin your claim. However, there is an alternative date that you could be eligible to use as the start of this 3-year time limit. It’s known as the date of knowledge.
When claiming for tinnitus, you may be doing so after years of cumulative damage. Whilst it’s possible that you find your ears ringing after a car accident for example, the condition is not necessarily associated with a singular instance such as this. It’s possible that you are suffering from tinnitus after you were exposed to unsafe noise levels in a workplace due to not being supplied with suitable hearing protection. If so, it can be difficult to figure out the exact date your injury was sustained.
In such cases, you can use the date of knowledge as the start of your time limit. This could be the date you were diagnosed, or first noticed you were experiencing symptoms associated with tinnitus.
Children cannot represent themselves in legal proceedings. Because of this, a claim for anyone under the age of 18 is unrestricted by a time limit. That is, until the date of their 18th birthday. Before then, a claim must be made by an appointed litigation friend.
A litigation friend must also claim on behalf of someone with a reduced mental capacity, as they cannot legally make a claim for themselves. Additionally, the 3-year time limit would only begin should the individual ever reach a point where they are deemed capable of making their own claim.
If you want to know how much you could receive after sustaining tinnitus, our compensation calculator could give you an estimation. Alternatively, you can get in touch with our advisors today.
One step of the tinnitus compensation claims process that a solicitor could help you with is collecting evidence. Evidence is an important part of claiming, as it helps demonstrate the severity of your tinnitus, as well as who is liable for your accident and how it occurred.
Some examples of evidence that could be used to help support a personal injury claim for compensation for tinnitus can include:
- Medical reports: Documents and reports from a doctor or audiologist, such as the results of an audiogram, can be used to help support your claim.
- Witness statements: Taking the contact details of anyone who witnessed your accident can be helpful, as this means that their statements can be taken at a later date.
- Footage of the accident – Any CCTV or other video footage of your accident could be used as evidence in your claim.
- Accident book logs: If you were injured at work, you may have filled out the accident book. This can then serve as a permanent record of what happened and who was liable for your accident.
To learn more about the importance of collecting evidence in claims for tinnitus or to find out if you could be eligible to work with one of our solicitors on your case, contact our team.
When claiming for tinnitus, you might consider working with a No Win No Fee solicitor. One of the benefits of working with such a solicitor is that if your claim doesn’t succeed, you aren’t required to pay them for their work.
Furthermore, they typically don’t ask to be paid upfront, so they can begin working on your case sooner rather than later.
If your claim is successful and you are awarded compensation for tinnitus, your solicitor will deduct a success fee. However, the fee they take is capped so that you cannot be overcharged.
Get in touch if you would like to work with one of our expert solicitors on a No Win No Fee basis. Alternatively, continue reading to find out more about tinnitus after a car accident compensation amounts.
If you have a tinnitus compensation claim due to exposure to noise in the workplace or through an accident or injury that was not your fault, there are various expenses and types of damages you can claim for. The average payout for tinnitus will vary with the nature and severity of the symptoms you are suffering.
Someone suffering from moderate tinnitus with hearing loss could be awarded compensation just as someone who has more severe symptoms can be. However, the amounts will likely vary depending on the severity of the claimant’s condition.
Compensation divides into general damages and special damages. General damages will cover the actual injuries as a result of the accident. This includes compensation for physical pain, emotional pain and suffering, such as anxiety. Below, we have a table and tinnitus compensation calculator to see what your general damages could be worth.
Injury Severity Compensation Bracket Notes
Total Loss of Hearing in One Ear Severe £31,310 to £45,540 More severe cases will present with tinnitus as well as headaches and dizziness.
Tinnitus and/or Partial Hearing Losses Severe £29,710 to £45,540 Including tinnitus and noise induced hearing loss.
Noise Induce Hearing Loss (NIHL) and Tinnitus Moderate £14,900 to £29,710 Noise induced hearing loss as well as moderate tinnitus.
NIHL and Tinnitus Mild £12,590 to £14,900 Mild noise induced hearing loss as well as associated tinnitus.
NIHL and Tinnitus Very mild £7,360 to £12,590 Occasional or slight tinnitus as well as some slight noise induced hearing losses.
NIHL and Tinnitus Slight Up to £7,010 Some slight tinnitus and noise induced hearing loss.
1+ Whiplash Injuries N/A £4,215 Symptoms in this bracket last for 18-24 months.
1+ Whiplash Injuries & 1+ Psychological Injuries N/A £4,345 Symptoms in this bracket last for 18-24 months.
We hope this guide on tinnitus accident claims has been useful for you. If you are looking for more information on matters such as claiming for tinnitus, then you can contact Legal Expert advisors on the phone or online.
Can I Claim Special Damages Due To Ringing In My Ear After A Car Accident?
If you’ve experienced ear ringing after a car accident caused by another person’s negligence, you could potentially receive compensation for special damages. Special damages compensation is for the losses you’ve suffered financially because of your injury.
Financial losses you may be able to claim for include:
- Loss of earnings – If you cannot work due to the injury, you could claim for loss of earnings or future loss of earnings, if the injury is permanent or long-term.
- Travel costs – You may not be able to drive because of the injury. This could lead to you paying taxi or public transport costs that you could claim back.
- Medical costs – You could, for instance, have prescription costs due to the injury.
If you’ve experienced both whiplash and tinnitus from the same accident, you may suffer financial losses from both injuries. You need to provide evidence (such as bank statements and receipts) to claim successfully for the financial losses.
If you would like to know more about claiming, please contact us for free using the details above.
Tinnitus is much more common than many people think. The effects of tinnitus can be long-term and even life-changing if they cause hearing damage and loss. Tinnitus and hearing damage can prevent those suffering from living a normal life. People choose to work with Legal Expert for a variety of reasons. We work with expert solicitors across the country to help people get the compensation they deserve. Thanks to our staff, you will benefit from our expertise. Legal Expert look forward to fighting for your case.
Contact the personal injury specialists at Legal Expert today. Our team of highly professional solicitors are ready and waiting to start working on your case. We will work with you to win you the compensation you deserve for your tinnitus compensation claim. We connect claimants and solicitors across the country after injuries in accidents that aren’t their fault. No matter what causes your tinnitus, you could make a compensation claim.
So, to begin your tinnitus accident claims, talk to Legal Expert today. Our dedicated specialist staff are on hand to begin working on your claim today. We will talk through your case and the amount of compensation you receive. Phone us on 0800 073 8804, use our online chat or email firstname.lastname@example.org and request a callback.
Find Research On Tinnitus From The HSE
Find out more about the severity of tinnitus with information from the Health and Safety Executive.
How To Treat Tinnitus
Information from the NHS on the symptoms of tinnitus and how to treat it.
Accident At Work Guide
Please find out more about how to make a compensation claim for an accident at work with our claims guide.
If you or a family member has had a car accident, find out how much you can claim.
Other Helpful Guides
- Ear Injury Claims
- Work-Related Illness
- Slip, Trip And Fall At Work Claims
- Taxi Accident Claims
- Pedestrian Accident Claims
Tinnitus Accident Claims FAQs
Below, you can find some frequently asked questions on tinnitus claims.
How much can I claim for tinnitus?
The amount that’s awarded for a successful tinnitus claim needs to be calculated on a case-by-case basis. This is because the severity of the condition can vary between claimants. Additionally, the person who has sustained the injury could have their life affected in a different way to someone else who has sustained a similar ailment.
Can a car accident cause tinnitus?
Yes, a car accident could definitely cause tinnitus to develop.
Can you prove that you have tinnitus?
A medical assessment could prove the tinnitus using the existing symptoms, though the underlying cause can be harder to determine accurately.
Is tinnitus a disability?
Tinnitus itself is not a disability, but serious hearing difficulties could allow the victim to receive disability benefits.
How do I win a tinnitus claim?
This is about proving the exposure to noise, the existing diagnosis and an automatic rating.
Should I work with tinnitus?
If there is a tinnitus diagnosis, it’s not advisable to continue working with this condition.
Does whiplash cause ringing in the ears?
This is possible, though it doesn’t happen in all cases.
What are the two types of tinnitus?
These are subjective tinnitus and the rarer version that is objective tinnitus.
Thank you for reading our tinnitus accident claims guide. But please get in touch if you need more information about how to claim.