Have you suffered from hearing loss in an accident that was not your fault? If so, you may be eligible to start a hearing loss claim. This guide will explain the personal injury compensation claims process and how our No Win No Fee solicitors can support you.
Key Takeaways / What You Need To Know
- Hearing loss can have a detrimental impact on your health, ability to work and social life.
- If another person caused your hearing loss, you may be eligible to start a hearing loss claim.
- The amount of compensation you receive depends on your injuries and financial losses.
- You must obtain evidence to prove how the the third party was responsible for your injuries.
- Our solicitors may help you claim compensation on a No Win No Fee basis.
To start your hearing loss claim today or to ask any questions about the claims process, please do not hesitate to contact our friendly advisors by:
- Visiting our contact page
- Calling them on 0800 073 8804
- Messaging them on their live chat
Jump To A Section
- What Is A Hearing Loss Claim?
- Types Of Hearing Damage
- Hearing Loss Symptoms
- What Hearing Loss Compensation Could You Get?
- How Is Loss Of Hearing Compensation Calculated?
- Starting A Claim For Hearing Loss And Deafness
- Can Claims Be Made On A No Win No Fee Basis
- Learn More
What Is A Hearing Loss Claim?
A hearing loss claim is a personal injury claim that allows individuals to claim compensation for damage to their hearing and any financial losses if another person was responsible for it.
Hearing is one of our predominant senses that allows us to process sounds and communicate. Therefore, if you have suffered from hearing loss in an accident that another person was responsible for, you may be eligible to start a hearing loss claim to be compensated for your suffering.
To be eligible to start a hearing loss claim, you must meet the following criteria:
- You must have been owed a duty of care by the third party
- The third party must have breached this duty
- This must have resulted in your hearing loss
If a third party breached their duty of care, this would be considered negligent and you may be eligible to claim compensation if this resulted in your hearing loss.
Here are some examples of the types of accidents that may result in noise induced hearing loss:
- Road traffic accidents- all road users must use the roads safely and responsibly by adhering to the Road Traffic Act 1988 and Highway Code. Failure to do so may result in road traffic accidents and hearing loss injuries.
For example, a HGV is travelling at speed and cannot stop. It causes a severe rear end collision. The noise of the airbags deploying causes the driver in the car to suffer deafness in the right ear.
- Accidents at work – employers must take reasonable and practicable steps to ensure their employees are safe by adhering to the Health and Safety etc. Act 1974. If they fail to do so, employees may suffer a loss of hearing.
For example, an employer is aware that a generator is faulty. On a particular day the generator overheats and blows up. The sound causes the employees in the near facility to suffer from noise induced and tinnitus.
- Accidents in a public place – all those in control of a public space must adhere to the Occupiers’ Liability Act 1957 and take necessary steps and measures to keep visitors safe.
For example, at a concert no sound test was completed therefore, the fault with the system was not detected. When the band began to play the loud pitching sound caused some members of the audience to suffer from acoustic shock.
Types Of Hearing Damage
Tinnitus
Tinnitus is a condition that causes people to hear noises such as ringing, buzzing or humming in one or both ears. The noises can be persistent and cause:
- Fatigue
- Trouble concentrating
- Headaches
- Stress
If you suffer from tinnitus, you may require tinnitus retraining therapy.
Acoustic Shock
Acoustic shock is a psychological shock response to an intense exposure to a sudden loud noise. It often results from loud sounds in the middle of your ear typically caused at work, specifically with jobs that require the use of head sets.
Common symptoms of acoustic shock include:
- Pain in or around the ear
- Headaches
- Tinnitus
Although the physical symptoms typically last a few days, the psychological effects may last longer. Most people experience different symptoms that last different durations.
Head Trauma Induced Hearing Loss
Head traumas may induce hearing loss if the temporal or parietal lobes are damaged. This is because it may prevent the ears from transmitting sounds to the brain causing permanent hearing loss.
Treatment for head trauma induced hearing loss can vary from patient to patient. However, the most common treatment is the use of hearing aids.
If you have suffered from head trauma induced hearing loss as a result of being assaulted, you may be eligible to claim compensation through the Criminal Injuries Compensation Authority (CICA) with the help of our No Win No Fee solicitors.
If you suffered from hearing loss in an accident that was not your fault, please get in touch with our advisors today as you may be entitled to compensation.
Hearing Loss Symptoms
Everyone experiences different symptoms of hearing loss. However, some examples of the most common symptoms include:
- Difficulty hearing
- Misunderstanding what others day
- Finding it difficult to keep up with a conversation
- Buzzing or humming sounds
- Using a higher volume
If you have been involved in an accident and are experiencing such symptoms, you should have them checked by a medical professional so that you can receive any treatment you need to make a full recovery. Continue reading this guide or contact our advisors today to learn more about starting a claim.
What Hearing Loss Compensation Could You Get?
According to the Judicial College Guidelines an award for total deafness could range anywhere from £110,750 to £133,810. However, the amount of compensation awarded in hearing loss claims varies in each case. This is because different accidents cause people to suffer from different injuries and losses. Therefore, we unfortunately cannot give you a specific compensation figure at this stage as a lot of factors must be taken into account when it is being calculated.
Despite this, the table below provides examples of compensation brackets taken from the Judicial College Guidelines (JCG). The JCG is a list of suggestive compensation figures that are often referred to when your award is being calculated. However, it is important to recognise that these figures are suggestive so such awards are not guaranteed. Please not that the top figure is not included in the JCG.
| Injury | Compensation |
|---|---|
| Multiple Serious Injuries and Financial Losses | Up to £250,000 plus |
| Total Deafness and Loss of Speech | £133,810 to £171,680 |
| Total Deafness | £110,750 to £133,810 |
| Total Loss of Hearing in One Ear | £38,210 to £55,570 |
| Partial Hearing Loss and/or Tinnitus (i) Severe | £36,260 to £55,570 |
| Partial Hearing Loss and/or Tinnitus (ii) Moderate | £18,180 to £36,260 |
| Partial Hearing Loss and/or Tinnitus (iii) Mild | £15,370 to £18,180 |
| Partial Hearing Loss and/or Tinnitus (iv) Mild | Around £14,300 |
| Partial Hearing Loss and/or Tinnitus (v) Slight | £8,890 to £15,370 |
| Partial Hearing Loss and/or Tinnitus (vi) Slight | Up to £8,560 |
Understandably, you may want to specifically know how much compensation you are entitled to for a hearing loss claim. However, you can get in touch with our advisors today to discuss your claim in more detail to obtain a more accurate compensation figure after your claim has been reviewed.
How Is Loss Of Hearing Compensation Calculated?
Compensation for personal injury claims is typically split into two heads of claim when being calculated. Throughout the claims process, they will be referred to as general damages and special damages.
Under the head of claim general damages, you may be compensated for your physical and psychological suffering. A professional team calculates your general damages using your independent medical assessors report and suggestive compensation figures contained in the JCG.
Further, under the head of claim special damages, you may be compensated for any financial losses you incurred as a result of your hearing loss. Some examples include:
- Missed wages for your time off work
- Change of occupation if you relied upon you hearing as part of your job role
- The cost of a private hearing test
- Cost of hearing aid
- Missed work benefits including holiday entitlement and pension contributions
- Costs towards, medical treatment, childcare, travel or special equipment
When claiming special damages, you must show evidence of the losses you incurred such as:
- Pay slips or any documents that state your wages
- Bank or credit card statements
- Medical bills
- Receipts
You can get in touch with our advisors to ask any questions about compensation for a hearing loss claim.
Starting A Claim For Hearing Loss And Deafness
The following sections will provide some useful information on starting a hearing loss and deafness compensation claim.
How Long Do I Have To Start A Claim?
Under the Limitation Act 1980, you generally have three years from the date you sustained your injuries to start a claim. However, there are some exceptions to this rule, such as:
- If the claimant is a minor, the three year time limit does not begin until they reach eighteen years old as minors cannot legally begin a claim for themselves.
- If the claimant lacks mental capacity, the time limit is frozen because they cannot do it independently. However, the three year time limit will begin if they regain mental capacity.
If the time limit on a personal injury claim is paused, a litigation friend may step in to complete the claims process on behalf of the claimant. Their role is to make key decisions and act in the best interests of the claimant.
What Evidence Will Support My Claim?
For your claim to be successful, third party liability must successfully be established. To do this, you must provide evidence that illustrates how the third party was responsible for your injuries.
Some examples of evidence that may support your deafness claim include:
- Medical reports or correspondence
- Copies of medical scans or prescriptions
- CCTV or dash cam footage of your accident
- A copy of the accident report book
- Witness contact details
Understandably, you may have some difficulty finding evidence. However, we have a team of experienced solicitors who can help you obtain it.
If you have any questions regarding the claims time limit or evidence, please do not hesitate to contact our helpful advisors for more information.
Can Claims Be Made On A No Win No Fee Basis
At Legal Expert, our experienced solicitors offer their services on a No Win No Fee basis through a Conditional Fee Agreement. You may benefit from signing a CFA with our solicitors as you can avoid upfront costs for your solicitors work.
Further, although you will pay a success fee if your claim is successful, this will be taken as a small, legally capped percentage of your compensation after signing a CFA. If your claim is unsuccessful, you will not have to pay this.
Starting a personal injury claim may feel intimidating. However, our solicitors have many years of experience helping people just like you claim compensation for their suffering and help them move on from such difficult times.
Our solicitors can use their expertise to help you by:
- Walking and supporting you throughout the claims process
- Explaining legal terminology and documents
- Helping you obtain evidence
- Explaining how compensation is calculated
- Setting you up with specialist appointments
- Negotiating settlements with third parties
If you would like to learn more about how our solicitors can help you start a hearing loss claim on a No Win No Fee basis, please get in touch with our advisors today.
Contact Our Solicitors
To start your hearing loss claim today or to ask any questions about the content of this guide, please do not hesitate to get in touch with our helpful advisors by:
- Visiting our contact page
- Calling them on 0800 073 8804
- Messaging them on their live chat
Learn More
If you would like more information on hearing loss or personal injury claims, please access the helpful links below.
- Information about the personal injury claims process
- Claiming for medical costs in a personal injury claim
- Information on making a personal injury claim for depression
References:
- Visit the RIND website, a charity for those suffering from hearing loss, RIND.UK
- Find out if you are entitled to statutory sick pay, GOV.UK
- Access your nearest urgent care facility, NHS.UK
Thank you for taking the time to read this guide about a hearing loss claim.
