How To Make An Ear Damage Compensation Claim
Life with impaired hearing can be hard. If the ability to hear the world around you has been damaged, you may now find it hard to have conversations, drive, enjoy music or interact with loved ones. Ear damage compensation is something you could be owed if someone else caused your loss of hearing. Perhaps it was an accident at work? Were you exposed to loud noise in a public setting that left you injured in this way? Even a car accident can cause hearing loss, as can medical negligence.
Ear damage compensation claims guide
In this article, we aim to lay out the options for you when thinking of making a claim for compensation. After an accident that was not your fault, you may have to contend with many unforeseen costs as a result. There could be many expensive changes to your normal life.
Hearing and brain injury compensation amounts can be calculated to help you right now. Just reach out to our friendly and knowledgeable team on 0800 073 8804 or email us at Legal Expert for help. Alternatively, you can access instant guidance and advice on the claims process using our ‘live support’ portal at the bottom right of this screen.
Select A Section
- A Guide On How To Make An Ear Damage Compensation Claim
- What Is Ear Damage?
- What Are The Symptoms Of Ear Damage?
- Causes Of Trauma To The Ear
- Types Of Ear Damage
- Treatment For Injuries To The Ears
- Repair To Ear Damage
- Ear Damage Compensation Claims Calculator
- General Damages
- Special Damages
- No Win No Fee Ear Damage Compensation Claims
- Start Your Ear Damage Compensation Claim
- Learn More
- Hearing Loss Statistics
- FAQs About Ear Damage Compensation Claims
A Guide On How To Make An Ear Damage Compensation Claim
Hearing or auditory perception is one of our key five senses. A good, well-balanced sense of hearing enables us to detect risk, retain balance and enjoy the plethora of sounds that fill our world. Although deafness is not life-threatening, it can nonetheless cause tremendous stress and upset to the sufferer.
As the victim of someone who has suffered hearing loss because of the negligent actions of another, you may also be feeling very angry. The health problems that may have been forced on you might be matched only by the financial upheaval and aggravation you’re experiencing as you try to adjust to your new circumstances. There is help. Ear damage compensation is possible. But only in the sense of a personal injury claim, medical negligence claim or industrial disease claim. Meaning a party who owed you a duty of care must be responsible for this impairment.
We explain the evidence you need, the laws that support you and how to start a claim with legal help.
What Is Ear Damage?
An ear injury can happen in an array of scenarios. Anything that catches or impacts the side of the head has the potential to cause injury. Illness along with infection or industrial disease can all have an effect on a person’s hearing.
Hearing loss can be either permanent or temporary. Very often as people age they begin to lose hearing or it is reduced. They often require a hearing aid to help them with their hearing. If hearing loss is sudden it may be due to earwax, an infection of the ear or a perforated eardrum.
In this guide, we are looking at how ear injuries or hearing loss has the potential to be caused due to an accident or incident that could have been avoided. We are looking at how compensation claims can be made for damage to the ear.
Ear damage compensation amounts acknowledge this loss as well as the reduction of quality of life this type of impairment may bring.
What Are The Symptoms Of Ear Damage?
The symptoms of ear damage can be subtle or instant. For some people, the problems start slowly and get worse after time. The problems may manifest themselves as earache, strange noises within the ear known as tinnitus or a spinning sensation (vertigo).
If hearing damage is the result of an accident, the results can be sudden. All these symptoms may present at once. A medical assessment is the best way to find out how bad the injury is and what prognosis or course of treatment is recommended to stop these symptoms from getting worse.
You may experience:
- Hearing that gets worse when sound comes from just one side
- Every sound seems to be generally quieter than they usually are
- You have difficulty finding where a sound is coming from
- Inability to ignore background noise
- Difficulty differentiating between different sounds or telling certain sounds apart
- Finding speech difficult to make out
- A struggle to hear things
Headaches are another feature. As is dizziness and loss of balance. Pain and bleeding can also be significant concerns. Any blood loss that originates from the ear could indicate damage to the brain and requires immediate medical attention.
Causes Of Trauma To The Ear
Trauma to the ear can occur after anything heavy, blunt or sharp comes into contact with any part of the exterior or interior ear. Anything thin that can penetrate the ear canal also carries the risk of accessing that side of the brain, creating a health emergency. In addition to these causes, ear damage might be the consequence of encountering a sudden loud or prolonged noise.
Ear trauma can be the result of a single or multiple injuries and as we go about our normal daily life, the areas where an ear accident could most likely happen are:
- During the course of a road traffic accident
- Workplace accidents
- Sporting accidents
- Assaults or as a consequence of crime
- Medical negligence
- In a public space
- Industrial disease.
Duty of care
Laws exist that apply a duty of care in the main areas of normal daily life. For example, one of the aspects of The Health and Safety At Work etc Act 1974 is to require employers to provide a safe working environment. This could be in the form of adequate protective equipment if it is needed to do the job safely. If they fail to provide ear defenders in very noisy environments, it can mean that their employees are exposed to unnecessarily loud and prolonged noises that could lead to ear damage.
Motorists have a duty under the Highway Code to do all they can to prevent accidents when driving. If they disregard this, collide with you and damage your hearing they could be liable.
Doctors and health practitioners have a duty to provide a minimum level of care. If your hearing or ear has suffered an injury because a doctor failed to deliver care within their professional standards they could be liable for suffering that ultimately could have been avoided.
Lastly, anyone in control of an environment that is open to the public has a duty under the Occupiers’ Liability Act 1957 to ensure (as much as is reasonably practicable) that the area is safe for use and facilities are fit for purpose. Exposure to loud noise, for example, could be a very real hazard in some public settings.
Types Of Ear Damage
The ear is a delicate organ that is designed to detect the smallest vibrations in sound. It does this by collecting sound waves and channelling them through the ear canal. Here the sounds are amplified. The sounds travel to a flexible, oval membrane which is at the end of the ear canal called the eardrum.
Damage can be classified as anything that alters or deteriorates this natural function in any of the three main parts of the ear:
Outer ear injury
The outer ear is the part we can feel and touch. An injury here would be of a soft tissue flesh wound or tear. Ears can be torn off completely under sufficient force and the proximity to the temple (side of the head) can make an impact in this region potentially life-threatening.
Middle ear injury
Sound vibrations trigger a response in tiny bones (the smallest in the human body). These bones further amplify sounds for us. Something called the Eustachian tube opens into the middle ear and is responsible for equalising air pressure between the ear inside and outside the middle ear, giving rise to the familiar ‘popping’ sensation when that pressure changes. They are vitally important functions. Injury in this area can damage these responses.
Inner ear injury
The sound waves finally enter the inner ear and pass through a tiny, snail-shaped organ called the cochlea. Fluid within this part of the ear moves, no less than 25,000 nerve endings into life and transform those vibrations into electrical impulses that move along the eighth cranial auditory nerve to the brain. It is here that sounds are turned into messages for the brain and damage in the inner ear can be massively debilitating for the sufferer. Unable to process their environment through sound in one or both ears can represent a major handicap that requires much adaptation to overcome.
Other injuries
Any foreign object that lodges in the ear can create serious problems and a perforated or ruptured eardrum can occur after any loud noise, severe ear infection or sudden alteration of pressure such as when flying on an aeroplane.
Furthermore, subperichondrial hematoma (cauliflower ear) can occur through assault or physical violence. External ear wounds can cause infection which can damage the hearing even more. Permanent hearing loss and recurring ear infections are further risks from ear trauma. Clear fluid or blood from the ear is particularly concerning.
Treatment For Injuries To The Ears
External injuries may require stitches or anti-inflammatory drugs may be prescribed by a doctor. As far as hearing loss is concerned, there are some standard treatments:
- Working with an audiologist or hearing specialist to regain lost perception
- Hearing aids that can fit inside or behind the ear and amplify sounds
- Surgical exploration of the ear and, possibly, reconstruction
- A doctor may drain the blood if there is a risk of pooling to prevent cauliflower ear.
- Ossiculoplasty or bone repair to the ossicles.
- Reconstructive surgery and plastic surgery can try to re-shape the exterior of the ear.
- Tympanoplasty – which is surgery to heal the tear to the eardrum
- Teaching sign language and basic visual-manual modalities
- Other occupational therapies to aid communication
Repair To Ear Damage
In many cases, ear injuries and problems with hearing can resolve themselves. Whilst a perforated eardrum is serious, it does not necessarily lead to lifelong hearing issues or any deformity with the structure of the ear itself. Each scenario will differ. The extent of injuries may rely on the severity of the accident or the circumstances that caused it.
When you attend a medical examination after your accident a clearer prognosis can be given. As part of your ear damage compensation claim, the expert who produces a report on your behalf can advise as to what the long term implications are for your hearing. This can inform the level of compensation you should apply for. When considering ear damage compensation and recovery, it’s important to factor in the long term implications of lost hearing and disfigurement.
Ear Damage Compensation Claims Calculator
The unforeseen costs associated with dealing with your injuries may mean you have no other option but to pursue damages. Firstly, it’s important to note that anyone is free to launch a claim for personal injury in their own right. You do not strictly need a lawyer to do this for you. However, working with a personal injury specialist can help you clarify the process and give your claim the best possible chance of success.
It is vital that to pursue any compensation claim you have evidence to prove that a third party is liable for your suffering. Not all accidents that cause injury will mean you are eligible to claim compensation. You must meet certain criteria. Call our claims team and they can evaluate your case. They will be able to tell you if they think your case has a strong chance of succeeding.
General Damages
If a compensation claim is successful a claimant will be awarded damages. There are two main types of damages; general and special. A personal injury lawyer can help arrange an independent medical assessment to have your injuries assessed. The findings of the medico-legal expert are passed to your lawyer.
Listed in a publication called the Judicial College Guidelines are injuries along with bracket amounts. They have been compiled using the settlements of past court cases. This publication can be used when putting a value on suffering.
General damages look at;
- Pain and suffering
- Enhanced risk of any long term health implications
- Damage to your personal relationships
- Increased likelihood of psychological trauma is all acknowledged.
The JCG offers your personal injury solicitor a comparable amount to argue for on your behalf. Speak with our team now to see how general damages could be calculated for your ear damage compensation claim. The chart below provides an example, but please remember, compensation awards are not certain. These are merely examples:
| Injury | JCG award bracket |
|---|---|
| Total deafness and loss of speech | £102,890 to £132,040 |
| Total deafness | £85,170 to £102,890 |
| Total loss of hearing in one ear | £29,380 to £42,730 |
| Partial hearing loss, severe tinnitus and NIHL (noise-induced hearing loss) | £27,890 to £42,730 |
| Moderate tinnitus and NIHL (noise-induced hearing loss) | £13,970 to £27,890 |
| Mild tinnitus with some NIHL | £11,820 to £13,970 |
| Mild tinnitus or NIHL alone | up to £11,000 |
| Slight or occasional tinnitus | £6,910 to £11,820 |
| Slight NIHL or tinnitus without NIHL | Up to £6,580 |
Special Damages
In addition to general damages, your personal injury lawyer can help you collect and organise proof of financial costs you have sustained as a result of your injury. Associated costs, such as:
- Lost income from missed work
- Medical needs – medicines, hearing aids, specialists appointments
- Travel expenses to and from the hospital
- Modifications to your lifestyle. This could be the need to retrain for a different job if you can longer perform your previous one.
- Cancelled special occasions you were unable to attend
- Forfeited bonuses or attendance allowances
- Impact on pension contributions
This is merely a cross-section of typical examples. Your lawyer can help you identify costs that specifically relate to your life. It may be the case that there are many other expenses either now or in the future. With expert advice on how to collect the appropriate paper documents as evidence, your lawyer could help you make an ear damage compensation claim that covers everything.
No Win No Fee Ear Damage Compensation Claims
You can start a claim on your own, but the legal jargon can be confusing. Also, it’s important to ask yourself if you can devote the time and energy your case needs whilst trying to get well? A No Win No Fee agreement could provide an answer. When you work with a personal injury lawyer under terms such as these there are many immediate benefits:
- No fees required to retain the lawyer’s services
- They alleviate the burden
- Decipher the legal jargon
- As the case progresses – still nothing to pay
- No fees if your case loses – hence the expression ‘No Win No Fee‘.
- A nominal amount is due if your case wins. A ‘success fee’ goes to your lawyers.
No Win No Fee enables people who may lack immediate funds to access top-quality legal representation in their ear damage compensation claims. If you have evidence that the actions or omissions of another directly caused your injury, a personal injury claim like this can help you do something about it.
Start Your Ear Damage Compensation Claim
You could start your ear damage compensation claim right now. With dedicated advisors on hand to help, at Legal Expert, we can offer the correct guidance to start a claim for hearing loss. Whether it was due to:
- Flawed health and safety compliance at work
- Negligence in a public place
- Reckless or irresponsible drivers
- Substandard medical treatment
- Criminal violence and claims with the Criminal Injuries Compensation Authority (CICA)
Our team can help you organise your case and direct you to excellent No Win No Fee personal injury solicitors in one phone call. Get in touch by calling us on:
- 0800 073 8804
- Email or write to us at Legal Expert
- Use the ‘live support’ option below
Learn More
Thank you for reading our article about ear damage compensation. We hope that it has helped to clarify your options regarding starting a claim. As well as detailed information about personal injury claims, we can advise on data breach incidents, slip, trip and fall accidents and injuries sustained during cycling accidents that were not your fault.
Other Guides Available
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Hearing Loss Statistics
- The estimated number of workers with work-related hearing problems in 2017/18 to 2019/20 was 17,000
- During 2010 – 2019 there were 1,125 new cases of occupational deadness which overwhelmingly affected men ( only 5 cases in women).
- From 2010 to 2018 there was a steady decline in the amount of new occupational deafness cases.
- However, from 2018 to 2019 there was an increase from 55 to 95 in 2019.
FAQ’s Ear Damage Compensation Claims
Can you recover from ear damage?
Yes. In many cases, the ear can repair itself.
How do you know if you have damaged your ear?
You will experience a loss of hearing, headaches, pain and perhaps strange noises in that ear
How much will I get in compensation?
Each case varies according to individual circumstances.
Guide By Waters
Edited By Melissa.
